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Law and Gender Commons

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Constitutional Law

Women

Series

1985

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Full-Text Articles in Law and Gender

The Concept Of Person In The Law, Charles H. Baron Apr 1985

The Concept Of Person In The Law, Charles H. Baron

Boston College Law School Faculty Papers

The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by having ...