This article is meant to amplify and update the author's article published as "Natural Law, our Constitutions, and the Unborn", (1996) 27 Revue générale de droit, 21-53.Particular emphasis is laid on the judicial revolution initiated by the Supreme Court of Canada in the Montréal Tramways Co. case in 1933, and led by the American legal scholar, William Prosser. By about 1955, courts across North America generally came to recognize in the field of torts, and in private litigation generally, the existence of unborn children as legal persons from and after conception.The author shows that this judicial revolution was nothing but a recognition of an ancient rule of the civil law of Rome, restated by Tribonian in the 6th century, and acknowledge...
The Supreme Court of Canada has recognized the right to reproductive autonomy for women based on the...
Advances in reproductive technology are outpacing statutory and regulatory authority, and artificial...
The case of Vo v France brought forward the controversial issue if the foetus is entitled to “everyo...
This Article does not revisit the moral, legal, and constitutional critiques of the Court’s position...
In the spring of 2002, the Canadian federal government presented another bill respecting assisted hu...
This article summarizes the rights of the embryo and fetus under American law. It was presented as a...
The problem of unenumerated constitutional rights in the United States and Canada is examined in ord...
In 1994, French Parliamentary representatives voted a «bio-ethics» law largely based on the advice a...
English law is unambiguous that legal personality, and with it all legal rights and protections, is ...
What claims to protection can be asserted by a human fetus? That question, familiar to philosophy an...
This article, written in the last ten years of the 20th century, presents an historical metric of ge...
In the First and Second Abortion decisions, the German Constitutional Court drew on earlier jurispru...
It is almost twenty-five years since Professor Winfield\u27s article The Unborn Child was publishe...
Despite the exhaustive coverage of the Baby M case, there has been relatively little discussion of t...
This article contends that the Missouri legislative statement is a theologically derived finding tha...
The Supreme Court of Canada has recognized the right to reproductive autonomy for women based on the...
Advances in reproductive technology are outpacing statutory and regulatory authority, and artificial...
The case of Vo v France brought forward the controversial issue if the foetus is entitled to “everyo...
This Article does not revisit the moral, legal, and constitutional critiques of the Court’s position...
In the spring of 2002, the Canadian federal government presented another bill respecting assisted hu...
This article summarizes the rights of the embryo and fetus under American law. It was presented as a...
The problem of unenumerated constitutional rights in the United States and Canada is examined in ord...
In 1994, French Parliamentary representatives voted a «bio-ethics» law largely based on the advice a...
English law is unambiguous that legal personality, and with it all legal rights and protections, is ...
What claims to protection can be asserted by a human fetus? That question, familiar to philosophy an...
This article, written in the last ten years of the 20th century, presents an historical metric of ge...
In the First and Second Abortion decisions, the German Constitutional Court drew on earlier jurispru...
It is almost twenty-five years since Professor Winfield\u27s article The Unborn Child was publishe...
Despite the exhaustive coverage of the Baby M case, there has been relatively little discussion of t...
This article contends that the Missouri legislative statement is a theologically derived finding tha...
The Supreme Court of Canada has recognized the right to reproductive autonomy for women based on the...
Advances in reproductive technology are outpacing statutory and regulatory authority, and artificial...
The case of Vo v France brought forward the controversial issue if the foetus is entitled to “everyo...