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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Rethinking Abortion New ed

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Mark A. GraberAssociate Professor of Political Science, University of Maryland, USA

ISBN13: 9780691005270
ISBN: 0691005273
Published: April 1999
Publisher: University Presses of California, Columbia and Princeton
Format: Paperback
Price: £28.95



Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice - abortion should remain legal or bans should be strictly enforced. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation witnessed in the 20th century: pre-Roe v Wade statutory pro-hibitions on abortion and Roe's ban on significant state interference with the market for safe abortion services.;He demonstrates that before Roe, pro-life measures were selectively and erratically administered, thereby subverting our constitutional commitment to equal justice. Claiming that these measures would do so again if reinstated, the author seeks to increase support for keeping abortion legal, even among those who have reservations about its morality.;Abortion should remain legal, Graber argues, because statutory bans on abortion have a history of being enforced in ways that intentionally discriminate against poor persons and persons of colour. In the years before Roe, the same law enforcement officials who routinely ignored and sometimes assisted those physicians seeking to terminate pregnancies for their private patients too often prevented competent abortionists from offering the same services to the general public.;This double standard violated the fundamental human and constitutional right of equal justice under law, a right that remains a major concern of the equal protection clause of the Fourteenth Amendment.

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