 | Leslie Friedman Goldstein - 1994 - 356 頁
...property interests of the unborn that are generally represented by guardians ad litem, the Court noted: "Perfection of the interests involved, again, has...in the law as persons in the whole sense." Id., at 162. Accordingly, an abortion is not "the today: Chief Justice Burger, Justices Douglas, Brennan, Stewart,... | |
 | Alessandro Pizzorusso - 1994 - 262 頁
...ambiguous and anachronistic premise according to which, as enunciated in the Roe v. Wade decision, "the unborn have never been recognized in the law as persons in the whole sense" 56 . The ambiguity lies in the expression "persons in the whole sense" 57 . If it is taken to mean... | |
 | Carl Wellman - 1995 - 288 頁
...accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent upon live birth. ... In short, the unborn...been recognized in the law as persons in the whole sense.26 Because the fetus is not a person, in the legally relevant sense, it could not possess any... | |
 | Deborah Mathieu - 1995 - 212 頁
...accord legal rights to the unborn except in narrowly defined situations and except when the rights are contingent upon live birth. ... In short, the unborn...been recognized in the law as persons in the whole sense.13 This finding has far-reaching implications. One of the most important is that the Fourteenth... | |
 | Michael J. Sandel - 1998 - 436 頁
...the law of various American states.42 From its summary of diverging views, the Court concluded that "the unborn have never been recognized in the law as persons in the whole sense." And from this conclusion it argued that Texas was wrong to embody in law a particular theory of life:... | |
 | Edward Tivnan - 1996 - 344 頁
...to the Supreme Court by President Richard Nixon, pointed out that in the American legal tradition, "the unborn have never been recognized in the law as persons in the whole sense," and thus did not have the same legal rights as the rest of us. Blackmun noted that doctors, philosophers,... | |
 | Roger B. Dworkin - 1996 - 234 頁
...be cited holding that a fetus is a person within the meaning of the Fourteenth Amendment" and that the "unborn have never been recognized in the law as persons in the whole sense."'6 One wonders whether other groups, for example, the comatose, the terminally ill, the handicapped,... | |
 | Cosimo Marco Mazzoni - 1998 - 258 頁
...significant. 'The fetus is not a person within the meaning of the fourteenth amendment' ; or at least 'the unborn have never been recognized in the law as persons in the whole sense'." This silence has been considered by prevailing doctrine as a desirable separation of law from biology... | |
 | Madeleine Mercedes Plasencia - 1999 - 392 頁
...recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem.™...recognized in the law as persons in the whole sense. In view of all this, we do not agree that, by adopting one theory of life, Texas may override the rights... | |
 | Patrick D. Hopkins - 1998 - 526 頁
...principles, and the lack of scientific consensus as to when life begins. The Supreme Court concluded that "the unborn have never been recognized in the law as persons in the whole sense." Id. at 162. As a matter of constitutional law, this conclusion has never been seriously challenged.16 Hence,... | |
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Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the whole sense. 
