Skip to content
Scan a barcode
Scan
Paperback Abortion and Divorce in Western Law Book

ISBN: 0674001613

ISBN13: 9780674001619

Abortion and Divorce in Western Law

Select Format

Select Condition ThriftBooks Help Icon

Recommended

Format: Paperback

Condition: Very Good

$4.79
Save $41.21!
List Price $46.00
Almost Gone, Only 2 Left!

Book Overview

What can abortion and divorce laws in other countries teach Americans about these thorny issues? In this incisive new book, noted legal scholar Mary Ann Glendon looks at the experiences of twenty Western nations, including the United States, and shows how they differ, subtly but profoundly, from one another. Her findings challenge many widely held American beliefs. She reveals, for example, that a compromise on the abortion question is not only possible but typical, even in societies that are deeply divided on the matter. Regarding divorce, the extensive reliance on judicial discretion in the United States is not the best way to achieve fairness in arranging child support, spousal maintenance, or division of property--to judge by the experience of other countries. Glendon's analysis, by searching out alternatives to current U.S. practice, identities new possibilities of reform in these areas. After the late 1960s abortion and divorce became more readily available throughout the West--and most readily in this country--but the approach of American law has been anomalous. Compared with other Western nations, the United States permits less regulation of abortion in the interest of the fetus, provides less public support for maternity and child-rearing, and does less to mitigate the economic hardships of divorce through public assistance or enforcement of private obligations of support.

Glendon looks at these and more profound differences in the light of a powerful new method of legal interpretation. She sees each country's laws as part of a symbol-creating system that yields a distinctive portrait of individuals, human life, and relations between men and women, parents and children, families and larger communities. American law, more than that of other countries, employs a rhetoric of rights, individual liberty, and tolerance for diversity that, unchecked, contributes to the fragmentation of community and its values. Contemporary U.S. family law embodies a narrative about divorce, abortion, and dependency that is probably not the story most Americans would want to tell about these sad and complex matters but that is recognizably related to many of their most cherished ideals.

Customer Reviews

3 ratings

Must read for those entering the conversation on these controversial and complex issues

Mary Ann Glendon tackles a very difficult task with great care and precision - she attempts to engage in a conversation about two very emotional and complex subjects which usually find people either at polar extremes from one another or completely ambivalent and ignorant of the real discussion at hand - these two issues are abortion and divorce. To embark on this conversation, Glendon suggests that we consider not how America has addressed these issues, but rather how the rest of the Western world has done so through their laws and regulations - and she does so with great precision. Would you be surprised to discover that the United States has the most liberal laws regarding both the regulation of abortion and the application of divorce in the entire western world?! I was. But Glendon doesn't just stop with the comparison, she seeks to examine how and why this situation exists and it is through her careful examination that one can learn how to better address and speak to these complex and controversial subjects here in America. The book is not an easy read, but I believe it is an important read for everyone wanting to not merely understand the current situation of abortion and divorce on demand, but also wish to change the present landscape on these issues. Glendon realizes that changing any one law isn't going to change the perception or attitude of an entire country, but she does realize that something must be done and she seeks to better prepare and equip those entering into the fray with solid background information that can be used to advance much needed change in these areas.

An Outstanding and Vital Contribution to the Subject

Professor Glendon of the Harvard Law School is a rare voice of sanity, compassion and honesty in America's abortion debates. She is an especially rare voice within the legal academy. Glendon shows that America's abortion regime, set into place by the Supreme Court in its infamous Roe v. Wade ruling, is the most radical in the Western world. In the United States, the richest nation in the world, we have the least amount of legal protection for unborn children; to use Orwell's phrase, they are "unpersons" as far as our laws are concerned.But Dr. Glendon's book is about much more than looking at comparative abortion laws. Glendon demonstrates that abortion laws are necessarily related to the provisions a society makes for vulnerable women and families facing difficult pregnancies. Glendon adopts a wholistic, communitarian-based approach to the issue of abortion, arguing that it is more a question of societal responsibilities than individual rights. Thus, the current rhetoric, especially popular on the "pro-choice" side, that posits a conflict of rights between mother and child, is very misguided ... and as we have witnessed, deadly to unborn children and damaging to the fabric of our society.I believe Dr. Glendon's book represents a prophetic call to a new way of thinking about abortion, and our response to this tremendous national tragedy.

Fair-Minded and Comprehensive

Mary Ann Glendon is among the most talented members of the faculty of the Harvard Law School, and this book is a detailed comparison of abortion and divorce laws in the major developed nations. Such a comparison leads to the conclusion that American law on these matters is the most extreme in the developed world. Glendon then argues that the peculiar extremity of our legal situation reflects the deficiencies of a constitutional order that places unprecedented importance on rights, a contention which is further developed in her book, Rights Talk. This book is very valuable in dispelling the notion that where we Americans stand with regard to abortion and divorce is simply consistent with the law of other Western nations.
Copyright © 2025 Thriftbooks.com Terms of Use | Privacy Policy | Do Not Sell/Share My Personal Information | Cookie Policy | Cookie Preferences | Accessibility Statement
ThriftBooks ® and the ThriftBooks ® logo are registered trademarks of Thrift Books Global, LLC
GoDaddy Verified and Secured