选择性别堕胎的刑法规制检视

选择性别堕胎的行为违反了宪法男女平等原则、严重危及人类自身的可持续发展。现有的行政处罚手段不能有效制止日趋严重的人口出生性别比失衡,刑法立法机关不能无动于衷,应当将选择性别堕胎而非单纯的性别鉴定行为犯罪化,否则,立法机关有违自己的义务。选择性别堕胎罪应当通过单行刑法或者附属刑法的刑法立法模式而非修正案的模式予以规定。     

Political Resistance: A Matter of Fairness

In this paper, I argue that the principle of fairness can license both a duty of fair play, which is used to ground a moral duty to obey the law in just or nearly just societies, and a duty of resistance to unfair and unjust social schemes. The first part of the paper analyzes fairness’ demands on participants in mutually beneficial schemes of coordination, and its implications in the face of injustice. Not only fairness does not require complying with unfair and unjust social schemes, but it also prohibits benefiting from such schemes. I use the case of racial segregation in the U.S. to illustrate this latter argument, and consider some objections to my investigation, given the availability and straightforwardness of justice. The second part of the paper elaborates the argument for the duty to resist. The Radical Reform argument first establishes, by elimination of the alternatives (exit and restitution), that the principal way for citizens to cease benefiting from an unfair and unjust social scheme is to radically reform it. The Resistance Argument then shows that resistance is crucial to bring about reform, so that one ought to resist unfair and unjust schemes from which one benefits. Next, I offer two arguments for collective resistance and political solidarity, one based on empirical considerations and the other based on fairness. Finally, I consider the costs of the resistance efforts which fairness may require.     

Abortion: Models of responsibility

My focus within the topic of abortion is on several models that are used to support the position that a woman has a responsibility to sustain the fetus she carries because she brought about its existence. I consider the following models: a creator, strict liability, fault, and a contract. Although each of these models has been used by opponents of abortion to support the position that women should accept the consequences of engaging in sexual intercourse, I argue that none of the models is adequate.This paper grew out of research begun during the 1979 Summer Seminar of the National Endowment for the Humanities led by Richard Wasserstrom. He and other participants in the Seminar contributed to my thinking then and commented later on drafts of this paper. Earlier versions of this paper were presented to the Society for Women in Philosophy and to colloquia at California State University, Los Angeles, and the University of California, Santa Cruz. I appreciate the good suggestions made during these discussions. I also want to thank Sharon Bishop, Donald Burrill, E. M. Curley, Barbara Herman, and Miles Morgan for their helpful comments.     

Strategic Standardization in Europe: A Public Choice Perspective

In October 1990, the EC Commission presented a Green Paper in which it outlined a New Approach to European standardization. In particular, standardization was interpreted as a means of furthering the completion of the Internal Market. This paper discusses the impact of the modifications to the process of standard setting, as they have been proposed by the Commission, with respect to the incentives and goals of the major players in the European standardization game, i.e., national and European standardization bodies, industry and the EC Commission. Selected economic models of standardization are applied to investigate the policy impact of the New Approach.     

Abortion in Australia: access versus protest

Currently in Australia anti-choice protesters' right to freedom of speech and freedom to protest is privileged over a woman's right to privacy and to access a health service safely, free from harassment, intimidation and obstruction. This article considers how this situation is played out daily at one Victorian abortion-providing clinic. The Fertility Control Clinic was thrown into the spotlight after the murder of its security guard by an anti-choice crusader in July 2001. Australian common law appears not to offer women protection from anti-choice protesters. By contrast, United States and Canadian "bubble" legislation sits comfortably with key constitutional rights. It would be a useful development if Australian governments passed legislation to ensure the rights, wellbeing and safety of Australian women accessing health services. Such legislation would be another step away from the misogynistic and androcentric values once central to our legislative framework.     

Abortion counseling: to benefit maternal health

This Note examines how both the law and the health care profession neglect women's needs for abortion counseling before, during and after an abortion. Part I analyzes the health care profession's view of counseling, the psychological effects of abortion and how counseling both positively and negatively influences those effects. Part II reviews Supreme Court cases and state law regarding abortion counseling, critizing both the Court's narrow view of counseling and the states' failure to use the legislative process to create laws which benefit maternal health. Part III recommends an expanded role for abortion counseling, in which the counselor can provide emotional support from before the day of an abortion until a woman emotionally recovers from an abortion. This expanded role would be state-mandated, but would remain within constitutional boundaries by providing flexibility for counselors to give individual treatment while respecting a woman's privacy.