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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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

Harvard

APA

Vancouver

Sjoberg L. What are the Grounds for the Legality of Abortion? A 13th Amendment Argument. Cardozo Journal of Law and Gender. 2011;17(3):527-550.

Author

Sjoberg, Laura. / What are the Grounds for the Legality of Abortion? A 13th Amendment Argument. In: Cardozo Journal of Law and Gender. 2011 ; Vol. 17, No. 3. pp. 527-550.

BibTeX

@article{7ebf62475d28432e8b4f2c5dab767c73,
title = "What are the Grounds for the Legality of Abortion? A 13th Amendment Argument",
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{\textquoteright}s benefit, an analysis of abortion policy demonstrates.",
keywords = "gender, law, abortion, privacy, involuntary servitude",
author = "Laura Sjoberg",
year = "2011",
language = "English",
volume = "17",
pages = "527--550",
journal = "Cardozo Journal of Law and Gender",
issn = "1074-5785",
publisher = "Yeshiva University Press/ Ktav",
number = "3",

}

RIS

TY - JOUR

T1 - What are the Grounds for the Legality of Abortion? A 13th Amendment Argument

AU - Sjoberg, Laura

PY - 2011

Y1 - 2011

N2 - 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.

AB - 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.

KW - gender

KW - law

KW - abortion

KW - privacy

KW - involuntary servitude

M3 - Article

VL - 17

SP - 527

EP - 550

JO - Cardozo Journal of Law and Gender

JF - Cardozo Journal of Law and Gender

SN - 1074-5785

IS - 3

ER -