This chapter explores the privacy rationale offered in Roe v. Wade as a constitutional basis for abortion rights. It traces the rise and fall of the rationale across many abortion cases, and explores why this justification was so controversial, with a particular emphasis on feminist critiques that propose an equality rationale as a superior alternative to privacy. Ultimately, the chapter shows that Justice Blackmun’s majority opinion in Roe did provide a problematic and under-theorized account of what privacy actually means, thus making it vulnerable to the feminist critique, but that we need not take Justice Blackmun’s account of privacy as the definitive one. An alternative understanding of the concept is possible.

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The Privacy Justification and Its Critics

  • Sharon Stanley

摘要

This chapter explores the privacy rationale offered in Roe v. Wade as a constitutional basis for abortion rights. It traces the rise and fall of the rationale across many abortion cases, and explores why this justification was so controversial, with a particular emphasis on feminist critiques that propose an equality rationale as a superior alternative to privacy. Ultimately, the chapter shows that Justice Blackmun’s majority opinion in Roe did provide a problematic and under-theorized account of what privacy actually means, thus making it vulnerable to the feminist critique, but that we need not take Justice Blackmun’s account of privacy as the definitive one. An alternative understanding of the concept is possible.