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This current and timely volume presents new thinking and new directions in feminist legal scholarship. Rethinking key concepts in legal feminism, Cowan and Hunter provide a unique examination of key socio-legal concepts in law, jurisprudence and legal and political theory. Written by an international cast of contributors, offering different cultural perspectives as well as doctrinal and theoretical knowledge, this collection of essays presents a dialogue between different feminist positions and approaches to a common theme. It addresses a range of questions, including: Can 'consent' be rethought and infused with different meanings in a post-liberal feminist politics? Can the concepts of 'choice' and 'consent' have consistent meanings and functions between different areas of law, or whether they prove to be highly contingent when viewed across the broad field of law. Exploring the deeply gendered concepts of ‘choice’ and ‘consent’ and examining the philosophical and jurisprudential issues surrounding them as well as how ‘choice’ and ‘consent’ operate in particular areas of law, including criminal law, medical law, constitutional law, employment law, family law and civil procedure, this volume is a key resource for postgraduate law students studying jurisprudence.
McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights.
Increasingly, notions of individual autonomy, personal “choice” and preference have become woven into our reproductive expectations. With respect to prenatal screening, the choices sought, offered or denied are shaped and interpreted through a range of social, personal, institutional and philosophical lenses. While prenatal screening seeks to promote parental choice and early intervention, for the most part, the genetic anomalies commonly targeted are inherently “unfixable.” Frequently, the only further intervention on offer is selective termination. Hence, the practice of prenatal screening raises complex ethical questions, forcing judgement on the desirability or undesirability of certain traits in our future offspring. This book explores the numerous factors that shape how such ethical choices are interpreted from the perspective of individual mothers and health care providers, and considers the impact of these factors on personal autonomy and consent to prenatal screening.
Drawing on literary works dealing with medical power, Brody argues that proposals to reduce or eliminate the power of the physician are misguided. Instead, there should be guidelines to enable the physician to share with the patient the information and responsibility for deciding on treatment.
A scientific study of the political and economic factors influencing democratic decision making
First Published in 1993. Sexuality and the Law: An Encyclopedia of Major Legal Cases is the third volume to appear in the American Law and Society series. Consistent with the philosophy of the series, the more than 100 essay/entries in Sexuality and the Law deal with important legal issues without descending into jargon or lawyer's Latin. This book describes more than one hundred significant court decisions concerning sexual ity.
The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
This book addresses two significant research areas in an interdependent fashion. It is first of all a comprehensive but concise text that covers the recently developed and widely applicable methods of qualitative choice analysis, illustrating the general theory through simulation models of automobile demand and use. It is also a detailed study of automobile demand and use, presenting forecasts based on these powerful new techniques. The book develops the general principles that underlie qualitative choice models that are now being applied in numerous fields in addition to transportation, such as housing, labor, energy, communications, and criminology. The general form, derivation, and estimation of qualitative choice models are explained, and the major models - logit, probit, and GEV - are discussed in detail. And continuous/discrete models are introduced. In these, qualitative choice methods and standard regression techniques are combined to analyze situations that neither alone can accurately forecast. Summarizing previous research on auto demand, the book shows how qualitative choice methods can be used by applying them to specific auto-related decisions as the aggregate of individuals' choices. The simulation model that is constructed is a significant improvement over older models, and should prove more useful to agencies and organizations requiring accurate forecasting of auto demand and use for planning and policy development. The book concludes with an actual case study based on a model designed for the investigations of the California Energy Commission. Kenneth Train is Visiting Associate Professor in Economics at the University of California, Berkeley, and Director of Economic Research at Cambridge Systematics, Inc., also in Berkeley. Qualitative Choice Analysisis included in The MIT Press Transportation Studies Series, edited by Marvin L. Manheim.
A "compelling indictment of the news media's role in covering up errors and deceptions" (The New York Times Book Review) due to the underlying economics of publishing—from famed scholars Edward S. Herman and Noam Chomsky. With a new introduction. In this pathbreaking work, Edward S. Herman and Noam Chomsky show that, contrary to the usual image of the news media as cantankerous, obstinate, and ubiquitous in their search for truth and defense of justice, in their actual practice they defend the economic, social, and political agendas of the privileged groups that dominate domestic society, the state, and the global order. Based on a series of case studies—including the media’s dichotomous treatment of “worthy” versus “unworthy” victims, “legitimizing” and “meaningless” Third World elections, and devastating critiques of media coverage of the U.S. wars against Indochina—Herman and Chomsky draw on decades of criticism and research to propose a Propaganda Model to explain the media’s behavior and performance. Their new introduction updates the Propaganda Model and the earlier case studies, and it discusses several other applications. These include the manner in which the media covered the passage of the North American Free Trade Agreement and subsequent Mexican financial meltdown of 1994-1995, the media’s handling of the protests against the World Trade Organization, World Bank, and International Monetary Fund in 1999 and 2000, and the media’s treatment of the chemical industry and its regulation. What emerges from this work is a powerful assessment of how propagandistic the U.S. mass media are, how they systematically fail to live up to their self-image as providers of the kind of information that people need to make sense of the world, and how we can understand their function in a radically new way.