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A Functionalist Approach to Comparative Abortion Law
Rebouché, Rachel
Rebouché, Rachel
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Book chapter
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2014
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http://dx.doi.org/10.34944/dspace/6198
Abstract
This chapter critiques the present comparative methodology in abortion law and explores the possibilities of a new comparative approach. The current method relies on high- profile but dated constitutional abortion decisions from the United States and Germany. Courts continue to rely on these cases to justify their decisions as consistent with a modern, global convergence around women’s rights and to minimize national resistance to contested law reform. These comparisons, however, oversimplify legal developments of the past forty years by focusing on constitutional norms and legislative regimes, rather than on the relationship between abortion law and practice.
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Rachel Rebouché, A Functionalist Approach to Comparative Abortion Law, in Rethinking Abortion and the Law: A Transnational Perspective 98 (Rebecca J. Cook, et al. eds., 2014).
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Copyright © 2014 University of Pennsylvania Press
All rights reserved. Except for brief quotations used for purposes of scholarly citation, none of this work may be reproduced in any form by any means without written permission from the publisher. For information address the University of Pennsylvania Press, 3905 Spruce Street, Philadelphia, Pennsylvania 19104-4112.
All rights reserved. Except for brief quotations used for purposes of scholarly citation, none of this work may be reproduced in any form by any means without written permission from the publisher. For information address the University of Pennsylvania Press, 3905 Spruce Street, Philadelphia, Pennsylvania 19104-4112.
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Rethinking Abortion and the Law: A Transnational Perspective (Rebecca J. Cook, et al. eds., 2014).
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