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Feminism, law, and bioethics.

K H Rothenberg

    Kennedy Institute of Ethics Journal
    |February 7, 1996
    PubMed
    Summary

    Feminist legal theory critically examines gender-neutral laws, revealing hidden biases. Applying liberal, cultural, and radical feminist perspectives to bioethics, like egg donation, shows gender significantly impacts legal analysis.

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    Area of Science:

    • Legal Studies
    • Feminist Theory
    • Bioethics

    Background:

    • Feminist legal theory scrutinizes legal doctrines for underlying gender biases.
    • It examines formally gender-neutral rules to uncover problematic assumptions.
    • This theory is essential for understanding the intersection of law, gender, and ethics.

    Purpose of the Study:

    • To outline feminist legal theory from liberal, cultural, and radical perspectives.
    • To demonstrate how these theories influence legal practice, case law, and legislation.
    • To apply feminist jurisprudence to contemporary bioethical issues, specifically egg donation.

    Main Methods:

    • Review and synthesis of liberal, cultural, and radical feminist legal theories.
    • Application of these theories to the bioethical issue of egg donation.
    • Analysis of common themes in feminist jurisprudence through a case study of the Maryland Health Care Decisions Act.

    Main Results:

    • Different feminist perspectives offer distinct critiques of legal frameworks.
    • Egg donation presents complex bioethical challenges when viewed through a feminist lens.
    • The Maryland Health Care Decisions Act illustrates the integration of feminist themes in legislation.

    Conclusions:

    • Gender is a critical factor in legal and bioethical analysis.
    • Understanding feminist legal theory enhances the examination of contemporary bioethical issues.
    • Feminist jurisprudence provides valuable insights into the impact of gender on law and policy.
    Keywords:
    Bioethics and Professional EthicsDeath and EuthanasiaGenetics and ReproductionLegal ApproachMaryland Health Care Decisions Act 1993

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