Brief for 885 law professors in support of maintaining adherence to the Roe decision

This brief opposes the overturn of "Roe v. Wade" and resists weakening "Roe's central holding" that would allow states to overturn legal abortion. The brief was written for 885 law professors. "Roe" was not a "constitutional aberration," or "an exercise of raw, judicial power." Some members of the Supreme Court seem to think that the state has "an overriding interest" in protecting fetal life. Some Court members have questioned "Roe's" trimester framework. A person's decision to abort should be done privately. If women are not free to choose abortion, they will not have equality. There is an absence of "express rights of privacy and procreational freedom" in the Constitution. "Roe" was 1 instance of the Court's recognition of constitutional rights that are not named explicitly. Historical materials are drawn on to show the link between trends in society and the "judicial recognition of unenumerated rights." The most serious questions about "Roe" deal with its trimester framework. Justice Blackmun's majority opinion said that the 1st trimester of pregnancy was personal. "Roe" said that abortions created a medical risk at the beginning of the 2nd trimester. Therefore, the government was more interested in the health of the mother at that time. The state could then regulate abortion "in ways that are reasonable related to maternal health." The start of the 3rd trimester was when the fetus was viable. The right of a woman to end her pregnancy "offends powerful moral forces." Some of "Roe's" critics had their scientific facts wrong. Medical authorities think Justice O'Connor is mistaken when she says that "Roe" is "on a collision course with itself." The 23rd to 24th week of pregnancies where the fetal organs can "sustain life outside the womb." This has not changed since "Roe" was decided in 1973, nor is it likely to in the future. Some "amici" believe that the state can never have an interest in the fetus. The state can not have an interest in the fetus distinct from the woman who will give birth to it. During previability, restricting a woman's procreational rights would not be scientifically supportable. The state does have an interest in "upholding the value of human life." "Roe" is "within the mainstream" of constitutional jurisprudence and should be reaffirmed.     

Empathic emotions and justice in society

Empathy is defined as an affect more appropriate to another's situation than to one's own. The paper (i) summarizes different modes of empathic affect arousal; (ii) shows how empathic affect may interact with social-cognitive development, to produce four levels of empathy development; (iii) suggests that causal attributions may transform empathic affect into sympathy, guilt, and empathic anger, which are major moral affects; (iv) discusses how these affects may influence moral judgment and behavior; (v) points up empathic morality's limitations and the need to embed empathy in relevant moral principles; (vi) discusses possible links between empathy and justice principles, with special focus on Rawls; (vii) illustrates the interplay of empathy, moral judgment, and justice; and (viii) suggests that moral principles may become hot cognitions.     

Mortality in Mexico. Some considerations on rural-urban differentials

"In this essay, certain aspects related to rural-urban mortality differentials in Mexico are analyzed....[These include] the availability, advantages, and limitations of different sources of information and the disparity of levels and tendencies according to particular indicators of acceptable reliability, especially those deriving from recent demographic surveys conducted in Mexico. The findings confirm an inverse ratio between size of settlement and mortality, and reveal a widening of the differentials over time." (SUMMARY IN ENG)     

Caring for the elderly: a European perspective on today and tomorrow

There is always a temptation to suppose that one's own problems (whether personal or national) are unique. They rarely are. The "problem" of the elderly is no exception and so there is no particular point in looking to the specific characteristics of one's own health, social service, and social security systems for causes. There is, however, every reason to be looking at them for the consequences. They can also exacerbate the causes. In this paper we sketch the principal features (economic, social, and demographic) that have contributed to the "problem" of the elderly in Europe and then outline the main intellectual issues that need to be explored and resolved. That sounds a bit pompous but, if one is to avoid an intellectual morass consisting of the various assertions about needs, obligations, and so on that emanate from rival concerned parties and various professional interests on the one hand, and simplistic political slogans whose only virtue is that they cut the Gordian Knot (but provide no real enlightenment) on the other, then we need to be doing just this. We shall take a few things for granted: that cost-containment is not the be-all-and-end-all of policy; that value for money depends equally on what you get as on what you spend; that overall expenditure per head is mainly determined by income per head (though some countries have managed to get and stay below the regression line); and that it "ain't so" that all one needs to do is to "leave it to the market." To have justified each of these would have taken too much space so we can only assert them and trust that, in swallowing these camels, you won't strain at the gnats to come.     

Chicano youth gangs and crime: the creation of a moral panic

The relationship between Chicano gangs, crime, the police, and the Chicano community is complex. Neither the problem of youth gangs nor the specialized police units created to cope with this problem arises in a social vacuum. Rather, both emerge from a particular historical structuring of social, economic, and political relations. This paper investigates how and why a moral panic arose concerning Chicano youth gangs in Phoenix in the late 1970s and early 1980s. A variety of qualitative and quantitative data from media reports, interviews, and juvenile court records are used to assess whether it was the actual behavior of Chicano youths or the social imagery surrounding them that formed the basis for the gang problem in Phoenix. I suggest that the image of gangs, and especially of Chicano gangs, as violent converged with that of Mexicans and Chicanos as different to create the threat of disorder. In addition, it was in the interests of the police department to discover the gang problem and build an even greater sense of threat so as to acquire federal funding of a specialized unit.     

Morgentaler v. The Queen in the Supreme Court of Canada.

In Morgentaler v. R., the Supreme Court of Canada struck down the abortion provisions in the Criminal Code. In a five to two split, a majority of the Supreme Court judges found that section 251 offended a pregnant woman's constitutionally protected right not to be deprived of her "life, liberty, and security of the person." Sheilah Martin reviews the three majority judgments and focuses on the decision written by Madame Justice Wilson. She believes that Madame Justice Wilson's opinion merits special attention in several regards: her conclusions on the constitutional rights of pregnant women; her recognition and validation of women's perspectives on abortion; and her approach to balancing women's interests in reproductive self-determination against the state's interest in regulating reproduction. Sheilah Martin concludes that this decision will reverberate far into the future. Even though it fails to establish clear guidelines concerning governmental power to control access to abortion, its principles outline the legal framework in which future litigation will occur, and it will limit and shape the terms of any ensuing political debate. In addition, Madame Justice Wilson's judgment holds great promise for those looking to the Court to promote the rights of women and other historically disadvantaged groups.