What are the Grounds for the Legality of Abortion? A 13th Amendment Argument. / Sjoberg, Laura.

In: Cardozo Journal of Law and Gender, Vol. 17, No. 3, 2011, p. 527-550.

Research output: Contribution to journalArticle

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Abstract

This article mounts a general critique of the public/private dichotomy and its gender-subordinating implications as it is applied in the law. It then evaluates privacy as a ground for gender rights by looking at the role that privacy jurisprudence has played in abortion jurisprudence. Next, the article contends that the problem is not with the public/private dichotomy alone, but with the preservation of the individual (rather than the gender) as the location of rights and relegation of gender-based rights to a sphere where they are both considered less important and pliable. These inspirations for both the privacy and liberty/autonomy frameworks serve to maintain gender subordination, even when they appear to be employed for women’s benefit, an analysis of abortion policy demonstrates.
Original languageEnglish
Pages (from-to)527-550
Number of pages24
JournalCardozo Journal of Law and Gender
Volume17
Issue number3
Publication statusPublished - 2011
This open access research output is licenced under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

ID: 36332525