Beyond stork delivery: from injury to autonomy in reconceptualising 'harm' in wrongful pregnancy

Priaulx, Nicolette M. ORCID: https://orcid.org/0000-0002-4210-1980 2006. Beyond stork delivery: from injury to autonomy in reconceptualising 'harm' in wrongful pregnancy. Studies in Law, Politics & Society 38 , pp. 105-149. 10.1016/S1059-4337(05)38004-5

Full text not available from this repository.

Abstract

Can one describe the ‘natural’ process of pregnancy as ‘harm’, even when negligently brought about? What does that harm consist of? Offering a contextual analysis of the English judiciary's characterisation of wrongful pregnancy, this paper demonstrates from a feminist perspective that the current construction of pregnancy as a ‘personal injury’ is deeply problematic. Forwarding an alternative account, this paper argues for law to embrace a richer notion of autonomy that will better resonate with women's diverse experiences of reproduction, and articulate the importance of autonomy in the reproductive domain: notably, women gaining control over their moral, relational and social lives.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Publisher:	Emerald
ISSN:	1059-4337
Last Modified:	06 May 2023 02:14
URI:	https://orca.cardiff.ac.uk/id/eprint/2992

Citation Data

Cited 3 times in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item