On the Logic of Pregnant Women Exercising Reproductive Autonomy——Based on the Thresh old View of Rights
Whether a husband has the right to claim damages when his wife terminated pregnancy without his consent and knowledge has been controversial in the academia.The essence of this question is the logic of pregnant women exercising reproductive autonomy when the couple's reproductive rights conflict,and should be re-examined in the context of the theories of conflict of rights.The threshold view of rights can provide a coherent analytical framework for it and consists of two core issues,name-ly,the determination of rights'thresholds and the remedies of the overridden rights.According to the criterion for determining the threshold of pregnant women's reproductive autonomy,it is morally per-missible for a pregnant woman's reproductive autonomy to override a man's reproductive autonomy and his right to be informed.As the remedy for the man's overridden rights,although the woman as-sumes the liability for compensation for sacrifice,she should be exempted from it on the basis of the principles of correlation and deterrence.
pregnant womenreproductive autonomyconflict of rightspersonal well-beingcompensation for sacrifice
万方数据
