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The Strathprints institutional repository is a digital archive of University of Strathclyde's Open Access research outputs. Strathprints provides access to thousands of Open Access research papers by University of Strathclyde researchers, including by researchers from the Department of Computer & Information Sciences involved in mathematically structured programming, similarity and metric search, computer security, software systems, combinatronics and digital health.

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The consent model of pregnancy : deadlock undiminished

Ford, Mary (2005) The consent model of pregnancy : deadlock undiminished. McGill Law Journal, 50 (3). pp. 619-668.

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Abstract

In this article, the author examines what is perhaps the most comprehensive attempt so far to discover an alternative to the orthodox “conflict” model of adjudicating maternal/fetal issues: Eileen McDonagh’s “consent model” of pregnancy. This model is essentially a refined version of the orthodox model, but is remarkable in that it claims to provide a legal justification for abortion rights while conceding the issue of “fetal personhood”. Referring to the diverse criticisms of other commentators and adding her own analysis from the perspective of United Kingdom law, the author asks whether it is possible, as McDonagh claims it is, to adopt a purely legal approach to fetal personhood that is capable of sustaining a framework for adjudication without collapsing into the problematic metaphysics of personhood.