Pregnancy, Property and Personhood - Concepts of Conflict, Persons and Property

Examines how the concepts of conflict, personhood and property are key to the legal analysis and decision-making surrounding pregnancy. This title argues that the neglected concept of property has the potential to refresh our thinking and the way we frame legal debates about maternal/foetal issues.

List of contents

Part 1: Conflict 1. Where is the Conflict? 2. Why is Conflict of Interest? Part 2: Personhood 3. Personhood in the Maternal/Foetal Context 4. Personhood as Metaphysical Harm Part 3: Property 5. Could Embryos and Foetuses be Objects of Property? 6. Should Embryos and Foetuses be Objects of Property? 7. Conclusion

About the author

Mary Ford is a Lecturer in Law at the University of Strathclyde, UK.

Summary

This book takes a critical conceptual approach to the jurisprudence of pregnancy, examining how the three concepts of conflict, personhood and property are key to the legal analysis and decision-making surrounding pregnancy.
The book begins by questioning the ‘conflict model’ which is often assumed to capture the essence of legal debates on maternal/foetal issues, and goes on to critically examine the concept of personhood in maternal/foetal debates, focusing in particular on human dignity and vulnerability. Finally, the discussion turns to examine the concept of property. Neal takes pregnancy as the inspiration for a reimagining of ‘property’ as paradigmatically intersubjective, arguing that property should be theorized in a way that foregrounds its essentially inclusive nature, and understands more traditional ideas of exclusion and control as effects of property, rather than as its defining characteristics.
This book will be of great interest to academics and students of medical law, family and child welfare law, and jurisprudence.

Product details

• Authors: Mary Ford, Mary Neal, Mary (University of Strathclyde Neal
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Hardback
• Release: 31.12.2023, delayed
• EAN: 9780415555593
• ISBN: 978-0-415-55559-3
• No. of pages: 220
• Series: Biomedical Law and Ethics Library; Biomedical Law and Ethics Library
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Natural sciences, medicine, IT, technology > Medicine > General; MEDICAL / Ethics, PHILOSOPHY / Ethics & Moral Philosophy, LAW / Medical Law & Legislation, Ethics & moral philosophy, Ethics and moral philosophy, Medical ethics and professional conduct, Medical ethics & professional conduct, Medicolegal issues