Iris Marion Young
- Published in print:
- 2005
- Published Online:
- September 2006
- ISBN:
- 9780195161922
- eISBN:
- 9780199786664
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195161920.001.0001
- Subject:
- Philosophy, General
These essays describe diverse aspects of women’s lived body experience in modern Western societies. They combine theoretical description of experience with normative evaluation of the unjust ...
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These essays describe diverse aspects of women’s lived body experience in modern Western societies. They combine theoretical description of experience with normative evaluation of the unjust constraints on freedom and opportunity that continue to burden many women. The lead essay rethinks the purpose of the category of “gender” for feminist theory, after important debates have questioned its usefulness. Other essays include reflection on the meaning of being at home and the need for privacy in old age residencies. Aspects of the experience of women and girls that have received little attention even in feminist theory are analyzed, such as the sexuality of breasts, or menstruation as punctuation in a woman’s life story. The phenomenology of moving in a pregnant body and the tactile pleasures of clothing are also considered.Less
These essays describe diverse aspects of women’s lived body experience in modern Western societies. They combine theoretical description of experience with normative evaluation of the unjust constraints on freedom and opportunity that continue to burden many women. The lead essay rethinks the purpose of the category of “gender” for feminist theory, after important debates have questioned its usefulness. Other essays include reflection on the meaning of being at home and the need for privacy in old age residencies. Aspects of the experience of women and girls that have received little attention even in feminist theory are analyzed, such as the sexuality of breasts, or menstruation as punctuation in a woman’s life story. The phenomenology of moving in a pregnant body and the tactile pleasures of clothing are also considered.
Lawrence Stone
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202530
- eISBN:
- 9780191675386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202530.003.0007
- Subject:
- History, British and Irish Early Modern History
This chapter presents a case study on forced marriage, focusing on the case Preston v. Matthews which was filed in 1695. The case involved agricultural labourer Richard Preston and maidservant Mary ...
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This chapter presents a case study on forced marriage, focusing on the case Preston v. Matthews which was filed in 1695. The case involved agricultural labourer Richard Preston and maidservant Mary Matthews. Mary became pregnant and she accused Richard of being the father of her child. The case was heard on February 1695 and Salford officials forced Richard to marry Mary in order to transfer the financial responsibility for the child to the alleged father. After the marriage, Richard, realizing that he had been abused and wronged, filed a case to have his marriage to Mary nullified.Less
This chapter presents a case study on forced marriage, focusing on the case Preston v. Matthews which was filed in 1695. The case involved agricultural labourer Richard Preston and maidservant Mary Matthews. Mary became pregnant and she accused Richard of being the father of her child. The case was heard on February 1695 and Salford officials forced Richard to marry Mary in order to transfer the financial responsibility for the child to the alleged father. After the marriage, Richard, realizing that he had been abused and wronged, filed a case to have his marriage to Mary nullified.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0002
- Subject:
- Philosophy, Feminist Philosophy
Sex and gender differences in women’s health care are delineated. Models of the physician-patient relationship and casuistic and principlist methods of moral reasoning are critiqued on grounds of ...
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Sex and gender differences in women’s health care are delineated. Models of the physician-patient relationship and casuistic and principlist methods of moral reasoning are critiqued on grounds of their lack of conformity with an egalitarian approach to bioethical issues. The question of “who is the patient” in health care of pregnant women is discussed. Ethically relevant similarities and differences between professional guidelines and regulatory statutes regarding health care are also examined.Less
Sex and gender differences in women’s health care are delineated. Models of the physician-patient relationship and casuistic and principlist methods of moral reasoning are critiqued on grounds of their lack of conformity with an egalitarian approach to bioethical issues. The question of “who is the patient” in health care of pregnant women is discussed. Ethically relevant similarities and differences between professional guidelines and regulatory statutes regarding health care are also examined.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0006
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables relevant to pregnant women’s noncompliance with medical recommendations intended to benefit the fetus or potential child are presented. These involve refusal of ...
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Cases illustrating variables relevant to pregnant women’s noncompliance with medical recommendations intended to benefit the fetus or potential child are presented. These involve refusal of hospitalization, refusal to comply with dietary recommendations, and refusal of cesarean section delivery. For each topic, empirical and theoretical factors relevant to the cases are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”. Implications of different positions about the moral status of the fetus are also considered.Less
Cases illustrating variables relevant to pregnant women’s noncompliance with medical recommendations intended to benefit the fetus or potential child are presented. These involve refusal of hospitalization, refusal to comply with dietary recommendations, and refusal of cesarean section delivery. For each topic, empirical and theoretical factors relevant to the cases are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”. Implications of different positions about the moral status of the fetus are also considered.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0007
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables relevant to the decisions of pregnant women about methods of childbirth, elective cesarean delivery, impaired newborns, and sex assignment at birth are presented. For ...
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Cases illustrating variables relevant to the decisions of pregnant women about methods of childbirth, elective cesarean delivery, impaired newborns, and sex assignment at birth are presented. For each topic, empirical and theoretical factors relevant to the cases are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”. Implications of different positions about moral status of fetuses and newborns are also considered.Less
Cases illustrating variables relevant to the decisions of pregnant women about methods of childbirth, elective cesarean delivery, impaired newborns, and sex assignment at birth are presented. For each topic, empirical and theoretical factors relevant to the cases are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”. Implications of different positions about moral status of fetuses and newborns are also considered.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0009
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables relevant to women’s choices about contraception, sterilization, and abortion are presented. With regard to abortion, these include duration of gestation, condition of the ...
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Cases illustrating variables relevant to women’s choices about contraception, sterilization, and abortion are presented. With regard to abortion, these include duration of gestation, condition of the fetus, methods of termination, availability and cost of the procedure, medical risks to the woman or potential child, capacity for parenting, responsibilities based on relationships to others, and different positions about the moral status of the fetus. For each topic, empirical and theoretical factors are discussed from an egalitarian perspective that privileges women’s standpoint vis-à-vis men’s not only on grounds of nondominance but also on grounds that women, not men, are directly affected by pregnancy.Less
Cases illustrating variables relevant to women’s choices about contraception, sterilization, and abortion are presented. With regard to abortion, these include duration of gestation, condition of the fetus, methods of termination, availability and cost of the procedure, medical risks to the woman or potential child, capacity for parenting, responsibilities based on relationships to others, and different positions about the moral status of the fetus. For each topic, empirical and theoretical factors are discussed from an egalitarian perspective that privileges women’s standpoint vis-à-vis men’s not only on grounds of nondominance but also on grounds that women, not men, are directly affected by pregnancy.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0010
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables relevant to violence toward children, pregnant women, and the elderly, as well as gender discrimination and sexual harassment are presented, stressing the impact of these ...
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Cases illustrating variables relevant to violence toward children, pregnant women, and the elderly, as well as gender discrimination and sexual harassment are presented, stressing the impact of these situations on women’s health. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”, i.e., women as patients. With regard to pregnant women, implications of different positions about moral status of fetuses are also considered.Less
Cases illustrating variables relevant to violence toward children, pregnant women, and the elderly, as well as gender discrimination and sexual harassment are presented, stressing the impact of these situations on women’s health. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”, i.e., women as patients. With regard to pregnant women, implications of different positions about moral status of fetuses are also considered.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0013
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating the exclusion of women in biomedical research, experimental treatment and maternal fetal surgery, human reproductive cloning, and embryonic stem cell research are presented. For ...
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Cases illustrating the exclusion of women in biomedical research, experimental treatment and maternal fetal surgery, human reproductive cloning, and embryonic stem cell research are presented. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”. Implications of different positions about moral status of embryos and fetuses, and about people born with disabilities are also considered.Less
Cases illustrating the exclusion of women in biomedical research, experimental treatment and maternal fetal surgery, human reproductive cloning, and embryonic stem cell research are presented. For each topic, empirical and theoretical factors are discussed from an “egalitarian perspective” that imputes privileged status to the standpoint of those who are “nondominant”. Implications of different positions about moral status of embryos and fetuses, and about people born with disabilities are also considered.
John Seymour
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780198264682
- eISBN:
- 9780191682759
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264682.003.0001
- Subject:
- Law, Medical Law
This introductory chapter sets out the purpose of the book, which is to explore the law’s impact on pregnant women, their fetuses, and the doctors and midwives who care for them. This impact might be ...
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This introductory chapter sets out the purpose of the book, which is to explore the law’s impact on pregnant women, their fetuses, and the doctors and midwives who care for them. This impact might be felt during pregnancy or after a child’s birth. During a pregnancy, the law might seek to protect the fetus. After the birth, if negligent antenatal or perinatal care has caused harm, the legal system might be called on to respond to a claim for damages by the parents and child. An overview of the subsequent chapters is also presented.Less
This introductory chapter sets out the purpose of the book, which is to explore the law’s impact on pregnant women, their fetuses, and the doctors and midwives who care for them. This impact might be felt during pregnancy or after a child’s birth. During a pregnancy, the law might seek to protect the fetus. After the birth, if negligent antenatal or perinatal care has caused harm, the legal system might be called on to respond to a claim for damages by the parents and child. An overview of the subsequent chapters is also presented.
John Van Seters
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195153156
- eISBN:
- 9780199834785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195153154.003.0004
- Subject:
- Religion, Biblical Studies
This chapter deals with civil laws of the casuistic type most common in Near Eastern codes and one of these, having to do with the Hebrew slave (Exod 21:2–11), occurs also in both Deuteronomy and the ...
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This chapter deals with civil laws of the casuistic type most common in Near Eastern codes and one of these, having to do with the Hebrew slave (Exod 21:2–11), occurs also in both Deuteronomy and the Holiness Code and is therefore key to the relative dating of these laws. Some of the casuistic laws are closely paralleled in the Hammurabi Code, such as injury to a pregnant woman or the law of the goring ox, but others are supplemented by material from Deuteronomy or extensions of a Deuteronomic law, as in the law regarding the violation of the unmarried virgin. Still other laws of the apodictic type (participial prohibitions) are more Hebraic in form and must be viewed within the context of similar laws in the Holiness Code and Ezekiel. The use of lex talionis within the Covenant Code shows evidence of borrowing from both the Hebrew and Babylonian laws, thus suggesting that throughout the civil laws, there is a constant interweaving of the Babylonian and Hebrew legal traditions.Less
This chapter deals with civil laws of the casuistic type most common in Near Eastern codes and one of these, having to do with the Hebrew slave (Exod 21:2–11), occurs also in both Deuteronomy and the Holiness Code and is therefore key to the relative dating of these laws. Some of the casuistic laws are closely paralleled in the Hammurabi Code, such as injury to a pregnant woman or the law of the goring ox, but others are supplemented by material from Deuteronomy or extensions of a Deuteronomic law, as in the law regarding the violation of the unmarried virgin. Still other laws of the apodictic type (participial prohibitions) are more Hebraic in form and must be viewed within the context of similar laws in the Holiness Code and Ezekiel. The use of lex talionis within the Covenant Code shows evidence of borrowing from both the Hebrew and Babylonian laws, thus suggesting that throughout the civil laws, there is a constant interweaving of the Babylonian and Hebrew legal traditions.
Theodore J. Stein
- Published in print:
- 1998
- Published Online:
- January 2009
- ISBN:
- 9780195109429
- eISBN:
- 9780199865772
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195109429.003.0005
- Subject:
- Social Work, Health and Mental Health
This chapter focuses on the issue of HIV testing. The chapter is divided into four parts. Part I reviews the issues that gave rise to laws addressing confidentiality and testing for HIV and AIDS. ...
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This chapter focuses on the issue of HIV testing. The chapter is divided into four parts. Part I reviews the issues that gave rise to laws addressing confidentiality and testing for HIV and AIDS. Part II considers the legal framework that emerged at the federal level and in the states to govern testing and confidentiality. Part III examines the specific issues affecting women, such as pressure to be tested before becoming pregnant and pressure to choose abortion over childbirth for women who are HIV-positive. A summary of the chapter is presented in Part IV.Less
This chapter focuses on the issue of HIV testing. The chapter is divided into four parts. Part I reviews the issues that gave rise to laws addressing confidentiality and testing for HIV and AIDS. Part II considers the legal framework that emerged at the federal level and in the states to govern testing and confidentiality. Part III examines the specific issues affecting women, such as pressure to be tested before becoming pregnant and pressure to choose abortion over childbirth for women who are HIV-positive. A summary of the chapter is presented in Part IV.
Kebby Warner
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520252493
- eISBN:
- 9780520944565
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520252493.003.0016
- Subject:
- Sociology, Gender and Sexuality
In this chapter, the author, a twenty-five-year-old woman prisoner in Michigan, shares her personal story of pregnancy, motherhood, the death of her father, and the disappearance of her husband. At ...
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In this chapter, the author, a twenty-five-year-old woman prisoner in Michigan, shares her personal story of pregnancy, motherhood, the death of her father, and the disappearance of her husband. At the time of writing she had been incarcerated since October 17, 1997. It was her first time being pregnant, and she was in prison. She was surprised that there were so many pregnant women in prison, including some who came just before their due dates. She became close with many of these women prisoners, and she was able to share her fears and worries with older women who had been through childbirth before.Less
In this chapter, the author, a twenty-five-year-old woman prisoner in Michigan, shares her personal story of pregnancy, motherhood, the death of her father, and the disappearance of her husband. At the time of writing she had been incarcerated since October 17, 1997. It was her first time being pregnant, and she was in prison. She was surprised that there were so many pregnant women in prison, including some who came just before their due dates. She became close with many of these women prisoners, and she was able to share her fears and worries with older women who had been through childbirth before.
Rachel Roth
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520252493
- eISBN:
- 9780520944565
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520252493.003.0047
- Subject:
- Sociology, Gender and Sexuality
Incarcerated women won an important victory when a state court of appeals ruled against a county sheriff's unwritten policy requiring women to obtain a court order in order to be transported from ...
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Incarcerated women won an important victory when a state court of appeals ruled against a county sheriff's unwritten policy requiring women to obtain a court order in order to be transported from jail to a clinic for an abortion. The unconstitutional policy was that of Sheriff Joe Arpaio, who oversaw the jails in Maricopa County, Arizona. Across the country, correctional authorities make it difficult for women to obtain abortions, by forcing them to jump through bureaucratic hoops and refusing to pay for the abortion or even to take them to a clinic. Two important constitutional rights protect women's decisions about pregnancy and abortion. The right to choose abortion applies to all American women, and the right to adequate medical care is guaranteed specifically to people in prison, as part of the right to be free from cruel and unusual punishment. This chapter shows that prison authorities frequently suspend the constitutionally protected right to privacy of pregnant prisoners, denying or granting them reproductive autonomy according to the whim or the predilections of current prison authorities.Less
Incarcerated women won an important victory when a state court of appeals ruled against a county sheriff's unwritten policy requiring women to obtain a court order in order to be transported from jail to a clinic for an abortion. The unconstitutional policy was that of Sheriff Joe Arpaio, who oversaw the jails in Maricopa County, Arizona. Across the country, correctional authorities make it difficult for women to obtain abortions, by forcing them to jump through bureaucratic hoops and refusing to pay for the abortion or even to take them to a clinic. Two important constitutional rights protect women's decisions about pregnancy and abortion. The right to choose abortion applies to all American women, and the right to adequate medical care is guaranteed specifically to people in prison, as part of the right to be free from cruel and unusual punishment. This chapter shows that prison authorities frequently suspend the constitutionally protected right to privacy of pregnant prisoners, denying or granting them reproductive autonomy according to the whim or the predilections of current prison authorities.
Irvine Loudon
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198204992
- eISBN:
- 9780191676444
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198204992.003.0005
- Subject:
- History, History of Science, Technology, and Medicine
This chapter examines puerperal fever epidemics in lying-in hospitals in England during the 18th century. Though lying-in hospitals were intended to bring skill and comfort to the poor in childbirth, ...
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This chapter examines puerperal fever epidemics in lying-in hospitals in England during the 18th century. Though lying-in hospitals were intended to bring skill and comfort to the poor in childbirth, they were from the early years plagued by recurrent epidemics of puerperal fever with appalling mortality rates. Some critics have suggested that it was so much safer for poor pregnant women to give birth in the worst of slums with an untrained midwife than in a lying-in hospital.Less
This chapter examines puerperal fever epidemics in lying-in hospitals in England during the 18th century. Though lying-in hospitals were intended to bring skill and comfort to the poor in childbirth, they were from the early years plagued by recurrent epidemics of puerperal fever with appalling mortality rates. Some critics have suggested that it was so much safer for poor pregnant women to give birth in the worst of slums with an untrained midwife than in a lying-in hospital.
Kathryn Talalay
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780195113938
- eISBN:
- 9780199853816
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195113938.003.0034
- Subject:
- History, Cultural History
This chapter starts on a typical April day in Paris, when Philippa met her friend Georges Apedo-Amah and they dined at their favourite restaurant and talked. The next day, she received a letter from ...
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This chapter starts on a typical April day in Paris, when Philippa met her friend Georges Apedo-Amah and they dined at their favourite restaurant and talked. The next day, she received a letter from Dennis, telling her that he had not won the Granada Prize for the concerto he had written and dedicated to her, and and he was blaming her. Returning to England, Philippa decided to play it cool and she delivered four concerts in a row and met Dennis every day, whom she was going to marry. Dennis asked Philippa to consult a priest before marrying him, but she did not give him an immediate answer because she was lecturing in some western states as Miss Monterro. Dennis did not know that in mid-August of that same year, Philippa suddenly realized she was pregnant, and the father was Georges. Philippa was troubled because the father of her child was black and she didn't want her child to experience what she had.Less
This chapter starts on a typical April day in Paris, when Philippa met her friend Georges Apedo-Amah and they dined at their favourite restaurant and talked. The next day, she received a letter from Dennis, telling her that he had not won the Granada Prize for the concerto he had written and dedicated to her, and and he was blaming her. Returning to England, Philippa decided to play it cool and she delivered four concerts in a row and met Dennis every day, whom she was going to marry. Dennis asked Philippa to consult a priest before marrying him, but she did not give him an immediate answer because she was lecturing in some western states as Miss Monterro. Dennis did not know that in mid-August of that same year, Philippa suddenly realized she was pregnant, and the father was Georges. Philippa was troubled because the father of her child was black and she didn't want her child to experience what she had.
Bernard S. Jackson
- Published in print:
- 2006
- Published Online:
- October 2011
- ISBN:
- 9780198269311
- eISBN:
- 9780191683596
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198269311.003.0006
- Subject:
- Religion, Biblical Studies, Judaism
The talionic provisions of the Mishpatim are presented in the context of an assault on a pregnant woman which occurs in the course of a brawl in Exodus 21:22–25. There are many disputed points of ...
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The talionic provisions of the Mishpatim are presented in the context of an assault on a pregnant woman which occurs in the course of a brawl in Exodus 21:22–25. There are many disputed points of interpretation. Exod. 21:22–23 deals with the following indirect consequences of a brawl: first, a miscarriage; second, the death of, and perhaps other injuries to, the mother. We have the use of an unusual term, ason, here rendered ‘harm’, which is interpreted by most commentators as referring to ‘death’, but which, if so, is a hapax legomenon in the normative sources, and one which is difficult to explain. This chapter looks at the various interpretations of ason, including those by Raymond Westbrook and Shmuel Loewenstamm. Exod. 21:22–23 presents a ‘second-order’ problem, as opposed to the more typical situations contemplated by the Mishpatim.Less
The talionic provisions of the Mishpatim are presented in the context of an assault on a pregnant woman which occurs in the course of a brawl in Exodus 21:22–25. There are many disputed points of interpretation. Exod. 21:22–23 deals with the following indirect consequences of a brawl: first, a miscarriage; second, the death of, and perhaps other injuries to, the mother. We have the use of an unusual term, ason, here rendered ‘harm’, which is interpreted by most commentators as referring to ‘death’, but which, if so, is a hapax legomenon in the normative sources, and one which is difficult to explain. This chapter looks at the various interpretations of ason, including those by Raymond Westbrook and Shmuel Loewenstamm. Exod. 21:22–23 presents a ‘second-order’ problem, as opposed to the more typical situations contemplated by the Mishpatim.
Linda C. Fentiman
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780814724828
- eISBN:
- 9780814770290
- Item type:
- book
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814724828.001.0001
- Subject:
- Law, Family Law
In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ...
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In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.Less
In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.
Carolyn Sufrin
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780520288669
- eISBN:
- 9780520963559
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520288669.001.0001
- Subject:
- Anthropology, Medical Anthropology
Thousands of pregnant women pass through our nation's jails every year. What happens to them as they carry their pregnancies in a space of punishment? In this time when the public safety net is ...
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Thousands of pregnant women pass through our nation's jails every year. What happens to them as they carry their pregnancies in a space of punishment? In this time when the public safety net is frayed, incarceration has become a central and racialized strategy for managing the poor. This book explores how jail has, paradoxically, become a place where women can find care. Focusing on the experiences of incarcerated pregnant women as well as on the practices of the jail guards and health providers who care for them. The book describes the contradictory ways that care and maternal identity emerge within a punitive space presumed to be devoid of care. It argues that jail is not simply a disciplinary institution that serves to punish, rather, when understood in the context of the poverty, addiction, violence, and racial oppression that characterize these women's lives and their reproduction, jail can become a safety net for women on the margins of society.Less
Thousands of pregnant women pass through our nation's jails every year. What happens to them as they carry their pregnancies in a space of punishment? In this time when the public safety net is frayed, incarceration has become a central and racialized strategy for managing the poor. This book explores how jail has, paradoxically, become a place where women can find care. Focusing on the experiences of incarcerated pregnant women as well as on the practices of the jail guards and health providers who care for them. The book describes the contradictory ways that care and maternal identity emerge within a punitive space presumed to be devoid of care. It argues that jail is not simply a disciplinary institution that serves to punish, rather, when understood in the context of the poverty, addiction, violence, and racial oppression that characterize these women's lives and their reproduction, jail can become a safety net for women on the margins of society.
Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.003.0015
- Subject:
- Philosophy, Moral Philosophy
This chapter analyzes a case involving of Dr GH who finds that a clinic patient, Mrs JK, who is eight weeks pregnant, tested HIV positive. Her husband also tested positive. The pregnancy is Mrs JK's ...
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This chapter analyzes a case involving of Dr GH who finds that a clinic patient, Mrs JK, who is eight weeks pregnant, tested HIV positive. Her husband also tested positive. The pregnancy is Mrs JK's first. She asks Dr GH about the risk to herself and her child, because she wants the pregnancy to continue, and whether she can have treatment that will protect the child before birth. It discusses what medical, ethical, legal, and human rights considerations should guide Dr GH's response.Less
This chapter analyzes a case involving of Dr GH who finds that a clinic patient, Mrs JK, who is eight weeks pregnant, tested HIV positive. Her husband also tested positive. The pregnancy is Mrs JK's first. She asks Dr GH about the risk to herself and her child, because she wants the pregnancy to continue, and whether she can have treatment that will protect the child before birth. It discusses what medical, ethical, legal, and human rights considerations should guide Dr GH's response.
Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla
- Published in print:
- 2003
- Published Online:
- October 2011
- ISBN:
- 9780199241323
- eISBN:
- 9780191696909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199241323.003.0017
- Subject:
- Philosophy, Moral Philosophy
This chapter analyzes the case of Mrs R, aged thirty-six, who has two children aged ten and three, and suffers from chronic active hepatitis that has persuaded her and Mr R, on her physician's ...
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This chapter analyzes the case of Mrs R, aged thirty-six, who has two children aged ten and three, and suffers from chronic active hepatitis that has persuaded her and Mr R, on her physician's advice, not to have another child. Mrs R's physician, Dr T, has now found her to be two months pregnant, and Mrs R has requested Dr T to terminate the pregnancy. It discusses how Dr T should respond, taking account of medical, ethical, legal, and human rights considerations.Less
This chapter analyzes the case of Mrs R, aged thirty-six, who has two children aged ten and three, and suffers from chronic active hepatitis that has persuaded her and Mr R, on her physician's advice, not to have another child. Mrs R's physician, Dr T, has now found her to be two months pregnant, and Mrs R has requested Dr T to terminate the pregnancy. It discusses how Dr T should respond, taking account of medical, ethical, legal, and human rights considerations.
