TY  - CHAP
AB  - 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.
VL  - 38
SN  - 978-1-84950-387-7, 978-0-76231-272-6/1059-4337
DO  - 10.1016/S1059-4337(05)38004-5
UR  - https://doi.org/10.1016/S1059-4337(05)38004-5
AU  - Priaulx Nicolette M.
ED  - Austin Sarat
PY  - 2006
Y1  - 2006/01/01
TI  - Beyond Stork Delivery: From Injury to Autonomy in Reconceptualising ‘Harm’ in Wrongful Pregnancy
T2  - Studies in Law, Politics and Society
T3  - Studies in Law, Politics, and Society
PB  - Emerald Group Publishing Limited
SP  - 105
EP  - 149
Y2  - 2024/04/25
ER  -