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The Contractual Reallocation of Procreative Resources and Parental Rights

William Joseph WagnerAssociate Professor of Law, Catholic University of America, Washington DC, USA

ISBN13: 9781855216532
ISBN: 1855216531
Published: June 1996
Publisher: Routledge
Format: Hardback
Price: Out of print



An examination of the implications for the law as it becomes entangled in the commercialization of new reproductive technologies. The rule of contract is proposed as a basis for the reorganization of human reproductive behaviour.

Contents:
Part I Framing the discussion - the role of contract under hypothetical legal alternatives for ordering human reproduction: a definition of contract; the role of contract in two existing taxonomies of legal approaches to the new reproductive technologies; a unified field of analysis for the legal ordering of the new reproductive technologies; a taxonomy of alternatives in legally ordering the new reproductive technologies; summary - the diverse roles for contract in the legal ordering of the new reproductive technologies. Part II The role of contract in ordering reproduction under existing law and proposals for legal reform: the role of contract in the existing law of marriage; existing legal adaptations to the new reproductive technologies; the role of contract within the leading proposal for reform of the law of procreation; the role of contract in ordering procreation - the state of the legal question. Part III Normative evaluation of contract as a means of legal ordering for human reproduction: the basic societal choice posed by current developments in human reproduction; a normative evaluation of contract as a principle governing the basic human relationships implicated by the new reproductive technologies.