A Functionalist Approach to Comparative Abortion Law [article]

(:Unkn) Unknown, University, My
2021
This chapter critiques the present comparative methodology in abortion law and explores the possibilities of a new comparative approach. The current method relies on high-­ profile but dated constitutional abortion decisions from the United States and Germany. Courts continue to rely on these cases to justify their decisions as consistent with a modern, global convergence around women's rights and to minimize national resistance to contested law reform. These comparisons, however, oversimplify
more » ... ever, oversimplify legal developments of the past forty years by focusing on constitutional norms and legislative regimes, rather than on the relationship between abortion law and practice.
doi:10.34944/dspace/6198 fatcat:znr7sao7sjacnhegeetwebzbti