로우 케이스 사십년 평가와 전망

• 영문명: The 40-Year-Old Roe v. Wade Review: In the Way of Extending Reproductive Rights
• 발행기관: 한국아메리카학회
• 저자명: 황필홍(Pil hong Hwang)
• 간행물 정보: 『미국학논집』제46집 2호, 181~222쪽, 전체 41쪽
• 주제분류: 인문학 > 기타인문학
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

For four decades Roe v. Wade has signified and marked the first proto-liberal prochoice decision in American abortion history. It says women's right to abortion depends on their right to privacy, which is constitutionally fundamental to every individual. Its key spirit of the case for prochoice, though with some changes, still remains in the historically significant decisions such as Webster v. Reproductive Health Services and Planned Parenthood of Southeastern Pennsylvania v. Casey. The Roe case has shown three noteworthy transitional features in view of the nature of contemporary abortion controversy. First, Roe suggests that when a woman weighs her options for abortion she can consider her sociological right to life in comparison with her fetus's biological right to life. This aspect represents that the issue of abortion mainly concerns the pregnant woman's sociological right to life thereafter. Secondly, as many feminist scholars maintain, a woman's right to privacy in Roe should be understood as a woman's right to autonomy more. In a society with prevalent sexist prejudice and bias, women's right to abortion cannot be genuinely accomplished unless gender equality can be guaranteed at the same time. Women deserve equal protection under the law, i.e., a right to abortion. Thirdly, the right to privacy implicitly necessitates state neutrality. If state represents either prolife or prochoice publicly, and further compels people to respect either one, women are not allowed to have their own view on such personal problems. That is irrational and furthermore unconstitutional. Then what will be the next chapter for abortion rights controversy? The Supreme Court's decision from 1973 (which is still in effect) can be overruled at any point. However, from the point of view of the United States Constitution, which intends to protect a right to privacy under the due process clause of the 14th amendment, the pro-choice decision of Roe v. Wade will continue the legacy of its all-important meaning of women's rights.

목차

Ⅰ. 서론

Ⅱ. 미국사에서 낙태의 법률적 위상(The Legal Status of Abortion in American History)

Ⅲ. 생물적 생명권에서 사회적 생명권으로(From Biological Right to Life to Sociological Right to Life)

Ⅳ. 프라이버시에서 자율성으로(From Privacy to Autonomy)

Ⅴ. 프라이버시에서 중립성으로(From Privacy to Neutrality)

Ⅵ. 여성의 재생산권리의 전망(The Prospect of Women's Reproductive Rights)

Ⅶ. 결론

인용문헌

키워드

로우 웹스터 플랜드 생물적 생명권 사회적 생명권 재생산권 프라이버시 자율성 중립성 Abortion Roe Webster Planned Prochoice Prolife Biological Right to Life Sociological Right to Life Reproductive Rights Privacy Autonomy State Neutrality