A Caring Jurisprudence

Listening to Patients at the Supreme Court

Nonfiction, Social & Cultural Studies, Current Events, Political Science, Government, Local Government
Cover of the book A Caring Jurisprudence by Susan M. Behuniak, Rowman & Littlefield Publishers
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Author: Susan M. Behuniak ISBN: 9780742572560
Publisher: Rowman & Littlefield Publishers Publication: August 31, 1999
Imprint: Rowman & Littlefield Publishers Language: English
Author: Susan M. Behuniak
ISBN: 9780742572560
Publisher: Rowman & Littlefield Publishers
Publication: August 31, 1999
Imprint: Rowman & Littlefield Publishers
Language: English

In deciding the abortion and physician assisted suicide cases, a majority of the Justices of the United States Supreme Court drew on medical knowledge to inform their opinions while dismissing the distinctively different knowledge offered by patients. Following the legal norms derived from the ethic of justice, the CourtOs deference toward the Ouniversal,O Oimpartial,O and OreasonedO knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and OemotionalO knowledge of patients seemed inevitable as well as justified. But was it? This book argues that it is both possible and proper to develop a jurisprudence capable of incorporating the knowledge of patients. Drawing on feminist scholarship, this book proposes a model for a Ocaring jurisprudenceO that integrates the ethic of justice and the ethic of care to ensure that patientsO knowledge is included in judicial decision making.

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In deciding the abortion and physician assisted suicide cases, a majority of the Justices of the United States Supreme Court drew on medical knowledge to inform their opinions while dismissing the distinctively different knowledge offered by patients. Following the legal norms derived from the ethic of justice, the CourtOs deference toward the Ouniversal,O Oimpartial,O and OreasonedO knowledge of the medical profession and its disregard of the Oparticular,O Oinvolved,O and OemotionalO knowledge of patients seemed inevitable as well as justified. But was it? This book argues that it is both possible and proper to develop a jurisprudence capable of incorporating the knowledge of patients. Drawing on feminist scholarship, this book proposes a model for a Ocaring jurisprudenceO that integrates the ethic of justice and the ethic of care to ensure that patientsO knowledge is included in judicial decision making.

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