Rights, Duties and the Body —— Law and Ethics of the Maternal-Fetal Conflict

----- 权利、义务和机构

ISBN: 9781841131344 出版年：2002 页码：474 Rosamund Scott Bloomsbury Publishing

General introduction - the problem and the issues raised: what is the "maternal-fetal conflict"? the relationship between the ethics and the law of the maternal-fetal conflict the structure of the book. Part 1 The moral relationship between a pregnant woman and her fetus - exploring a woman's moral rights and duties: the relation of the fetus to the pregnant woman - autonomy, rights and duties - some brief theoretical groundwork, the fetus of the future child?, the moral status of the fetus, conclusions the relation of the pregnant woman to the fetus - the interface between her moral rights and duties - introduction, the argument from rights, the argument from duty, conclusions conclusions to part 1. Part 2 The legal arguments from rights: introduction to the maternal-fetal cases and the law of treatment refusal - setting the scene, the law of treatment refusal, the most recent caesarean cases, conclusions understanding the values underlying and justifying a pregnant woman's legal right to refuse treatment - introduction, the development of the "ordinary" competent patient's right to refuse treatment, setting Casey in context, the relationship between a woman's right to refuse treatment (or abort) and her responsibility toward the fetus, postscript - first thoughts on denying a pregnant woman the legal right to refuse treatment, conclusions conclusions to part 2. Part 3 The legal arguments from duty: "technical" arguments from abortion law - introduction, the relevance of further aspects of abortion law to the maternal-fetal conflict, conclusions arguments from tort law - introduction, third-party liability for prenatal harm, the idea of maternal liability arguments from rescue law - introduction, the law of rescue, moral and policy reasons against the compelled caesarean section moral, policy and legal reasons against compelled ingestion of the "beneficial pill", postscript - reflections on cases concerning incompetents, conclusions conclusions to part 3. Concluding the arguments.