What is it about?
The article describes the strengths of Bernstein's book. It also takes issue with some of the applications of common law tort law. No matter the balance, the thesis describes a critical zone of freedom of action for women in respect of decisions about their bodies.
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Why is it important?
It presents a detailed and convincing analysis of tort law of particular importance for women asserting individual sovereignty in decisions in respect of their bodies and reproduction. The review considers the history of tort law and its theoretical roots. At a time of contestation about the rights to abortion throughout the United States the book and this review form a value counter-argument to those that would severely restrict abortion rights.
Perspectives
The review will help to put the book's thesis in issue in today's arid debate that has not been sufficiently joined either by feminists and conservatives.
David Partlett
Emory University
Read the Original
This page is a summary of: The Spirit of the Common Law and the Rights of Women: A Review of Bernstein, the Common Law Inside the Female Body, Journal of Tort Law, May 2019, De Gruyter,
DOI: 10.1515/jtl-2019-0010.
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