The Harm Paradox Tort Law and the Unwanted Child in an Era of Choice Biomedical Law and Ethics Library 1st Edition by Nicholl Priaulx ISBN 1844721078 978-1844721078

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Product details:

ISBN 10: 1844721078 
ISBN 13: 978-1844721078
Author:  Nicholl Priaulx 

Offering the first comprehensive theoretical engagement with actions for wrongful conception and birth, The Harm Paradox provides readers with an insightful critique into the concepts of choice, responsibility and personhood.

Raising fundamental questions relating to birth, abortion, family planning and disability, Priaulx challenges the law’s response that enforced parenthood is a harmless outcome and examines the concept of autonomy, gender and women’s reproductive freedom.

It explores a wealth of questions, including:

• Can a healthy child resulting from negligence in family planning procedures constitute ‘harm’ sounding in damages, when so many see its birth as a blessing?
• Can a pregnancy constitute an ‘injury’ when many women choose that very event?
• Are parents really harmed, when they choose to keep their much loved but ‘unwanted child’?
• Why don’t women seek an abortion if the consequences of pregnancy are seen as harmful?

An exciting and original contribution to the fields of medical law and ethics, tort law and feminist jurisprudence, this is an excellent resource for both students and practitioners

The Harm Paradox Tort Law and the Unwanted Child in an Era of Choice Biomedical Law and Ethics Library 1st Table of contents:

Chapter 1 The beginning of the decline

Characterising harm

Loss of autonomy?

Defining the problem

Notes

Chapter 2 Injured bodies

Natural born reproducers

Wrongful pregnancy as a personal injury

Orthodox injuries

Harmed minds, harmed bodies

Paradigm shifts

Conclusion

Notes

Chapter 3 Health, disability and harm

Emerging dichotomies

The ‘disability’ exception

Parental autonomy

The importance of context

Rees in the House of Lords

Conclusion: What kind of autonomy?

Notes

Chapter 4 The harm paradox

The mitigation ethic

Mitigation is dead …

… Long live choice!

My family and other animals

Conclusion: A harm paradox?

Notes

Chapter 5 Constructions of the reasonable woman

On being responsible

Responsible women

Self-regarding woman: ‘Still a choice’

Natural woman: ‘She had no other choice’

The ‘Woman in Need’

Conclusion: Not a choice?

Notes

Chapter 6 Reproductive choice, reproductive reality

A (wo)man’s right to choose

Reversing nature’s discrimination

‘In practice abortion is not a choice’

‘Women do not experience abortion as a choice’

‘Women are conforming, not choosing’

Conclusion

Notes

Chapter 7 The moral domain of autonomy

What kind of person?

Beyond personhood

‘Autonomous choice’: A relational approach

Being responsible beings

Concluding remarks

Notes

Bibliography

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Nicholl Priaulx,The Harm,the Unwanted