International journal of law and the family最新文献

A surrogacy issue: who is the other mother? 代孕问题:另一个母亲是谁?

International journal of law and the family Pub Date : 1994-12-01 DOI: 10.1093/LAWFAM/8.3.386

D. Morgan

引用次数: 18

Medical experimentation with children. 儿童医学实验

International journal of law and the family Pub Date : 1992-04-01 DOI: 10.1093/LAWFAM/6.1.173

S. Mclean

引用次数: 4

Surrogacy: programme comparisons and policy implications. 代孕:方案比较和政策影响。

International journal of law and the family Pub Date : 1990-12-01 DOI: 10.1093/LAWFAM/4.3.308

D. MacPhee, Kathy Forest

引用次数: 6

Wrongful birth and the politics of reproduction: West German and English law considered. 错误出生和生育政治:西德和英国法律的思考。

International journal of law and the family Pub Date : 1990-01-01 DOI: 10.1093/lawfam/4.1.52

J Shaw

{"title":"Wrongful birth and the politics of reproduction: West German and English law considered.","authors":"J Shaw","doi":"10.1093/lawfam/4.1.52","DOIUrl":"https://doi.org/10.1093/lawfam/4.1.52","url":null,"abstract":"This article considers the law relating to compensation in tort and contract for failed sterilizations and failed abortions leading to the birth of an unplanned but healthy child in the Federal Republic of Germany and England. It uses a policy-based analysis which takes the social construction of gender as a significant factor in judicial decision making. It criticizes existing literature for failing to take into account gender divisions in society and points to ways in which both the framework within which wrongful birth cases are discussed generally and the limitations which have been placed on recovery specifically reflect gender stereotyped notions of female and male behaviour and sexuality. I conclude that there are three main areas of concern in the wrongful birth cases: a) the inadequate recognition which the law accords to women's work in the home when awarding damages for maintenance of the unplanned child to majority; b) the awarding damages exercised by the politics of abortion, which can lead to undue restrictions on recovery; and c) the difficulties which the law experiences when attempting to conceptualize an interference in a woman's procreative autonomy in the same terms as an interference in a typically 'male' sphere of life, such as professional autonomy. Thus there is an urgent need to reconsider the categories of the law of obligations such as 'damage' and 'compensation', which are central to the principle of individual responsibility for harm caused, in order to reveal their gendered content and differential effects.","PeriodicalId":81546,"journal":{"name":"International journal of law and the family","volume":"4 1","pages":"52-82"},"PeriodicalIF":0.0,"publicationDate":"1990-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lawfam/4.1.52","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25201056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Psychological aspects of artificial procreation. 人工生殖的心理方面。

International journal of law and the family Pub Date : 1989-04-01 DOI: 10.1093/LAWFAM/3.1.89

C. Ernst

{"title":"Psychological aspects of artificial procreation.","authors":"C. Ernst","doi":"10.1093/LAWFAM/3.1.89","DOIUrl":"https://doi.org/10.1093/LAWFAM/3.1.89","url":null,"abstract":": Research on infertile couples applying for treatment is scanty. Their education and socioeconomic status are above average and their marriages extraordinarily stable. Allowing for the stress of infertility and its treatment, they appear in psychological tests and psychiatric interviews very similar to controls. As prognosis on the quality of later parenthood for persons in the grey zone between complete psychological normalcy and definable psychiatric disorder is impossible, self selection for artificial procreation rather than selection by a team of psychologists and social workers should take place. A decision not to treat because of the presence of evident psychiatric disorder should be taken on the investigating physi-cians’ own responsibility and explained to the couple. Very little as well is known about the development of children conceived by AID or IVF. There is no rationale for the belief that extraordinary expectations by their parents will impair their psychosocial development. The literature on adopted children puts the importance of so-called genealogic bewilderment in true perspective. Still the access to non-identifying information on donors could be useful for children and parents. As proof of genetic risk factors for major and minor psychiatric disorder is rapidly accumulating, a careful psychiatric screening of donors is recommended. By artificial procreation parenthood can be extended to widows, to single women and to homosexual couples. Epidemiologic studies in child and adult psychiatry make it evident that the quality of emotional relationship within a family is more important for psychosocial development of children than family structure. Today the rate of single parents is rapidly increasing. Nonetheless artificial procreation should not be used to promote social change and to create new structures. While fully acknowledging that the conventional family is neither of divine origin nor an anthropological necessity, a cautious attitude would be to wait until new structures are so well established and generally accepted that they attract the average person and make up an average environment for a child. Though a pluralistic society tends in the field of artificial procreation to shift from ethical to psychological arguments, the latter cannot be validly used against these techniques ABSTRACT Research on infertile couples applying for treatment is scanty. Their education and socioeconomic status are above average and their marriages extraordinarily stable. Allowing for the stress of infertility and its treatment, they appear in psychological tests and psychiatric interviews very similar to controls. As prognosis on the quality of later parenthood for persons in the grey zone between complete psychological normalcy and definable psychiatric disorder is imposs-ible, self selection for artificial procreation rather than selection by a team of psychologists and social workers should take place. A decision not to treat because o","PeriodicalId":81546,"journal":{"name":"International journal of law and the family","volume":"7 1","pages":"89-105"},"PeriodicalIF":0.0,"publicationDate":"1989-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LAWFAM/3.1.89","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"61422700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Political effects of court decisions on abortion: a comparison between the United States and the German Federal Republic. 法院对堕胎判决的政治影响:美国与德意志联邦共和国的比较。

International journal of law and the family Pub Date : 1989-01-01 DOI: 10.1093/lawfam/3.1.106

Julie George

引用次数: 0

'Secrecy': what can artificial reproduction learn from adoption? “秘密”:人工生殖能从收养中学到什么?

International journal of law and the family Pub Date : 1988-01-01 DOI: 10.1093/lawfam/2.1.46

E Haimes

{"title":"'Secrecy': what can artificial reproduction learn from adoption?","authors":"E Haimes","doi":"10.1093/lawfam/2.1.46","DOIUrl":"https://doi.org/10.1093/lawfam/2.1.46","url":null,"abstract":"Frequent comparisons are made between adoptive families and those families formed through artificial means of reproduction, particularly those involving sperm and egg donation. It is claimed that problems from the latter arising out of the extent of the child's knowledge of his/her parentage may be handled with reference to the solutions found within adoption to similar problems. This paper examines those claims and questions the initial premise. It argues that problems remain within British adoption on the issue of openness, at the level of legislation, administration and professional practice. It argues that problems remain because of an uneasiness which still persists about adoption as an institution. Moves to make the practice of adoption more open have, in effect, disguised but not eliminated the uneasiness. An attempt to extend those 'solutions' to artificial reproduction might (a) suggest similar ambivalence about those practices and (b) lead to claims which again disguise rather than solve those ambiguities. The paper concludes therefore that adoption might be a useful precedent for artificial reproduction but more in the way it poses questions which remain to be answered, than as a source of solutions for direct application.","PeriodicalId":81546,"journal":{"name":"International journal of law and the family","volume":"2 ","pages":"46-61"},"PeriodicalIF":0.0,"publicationDate":"1988-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lawfam/2.1.46","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22127073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 45