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You are here > Home > Reading Lists > Politics, Policy & Reform > A Caring Jurisprudence

A Caring Jurisprudence: Listening to Patients at the Supreme Court
Colin Gordon
 

Hardcover: 208 pages 
ISBN 0847694542
9780847694549
Rowman & Littlefield
September 1999
(click button below for the very best
currently available price for this important resource)

 

In deciding the abortion and physician assisted suicide cases, a majority of the Justices of the United States Supreme Court drew on medical knowledge to inform their opinions while dismissing the distinctively different knowledge offered by patients.

Following the legal norms derived from the ethic of justice, the Court's deference toward the "universal," "impartial," and "reasoned" knowledge of the medical profession and its disregard of the "particular," "involved," and "emotional" knowledge of patients seemed inevitable as well as justified. But was it?

This book argues that it is both possible and proper to develop a jurisprudence capable of incorporating the knowledge of patients. This book proposes a model for a "caring jurisprudence" that integrates the ethic of justice and the ethic of care to ensure that patients' knowledge is included in judicial decision making. Susan M. Behuniak is professor of political science at Le Moyne College. Sections of this book include:

  • Three Versions of a Story: The Medical, Legal, and Personal
  • The Abortion Cases: The Merging of Medical and Legal Knowledge
  • The Physician-Assisted Suicide Cases: The Triumph of Medical Knowledge over Patients' Knowledge
  • A Jurisprudence of Justice and Care: Enabling the Court to Hear the Knowledge of Patients
  • Listening to Patients: The Abortion and Physician-Assisted Suicide Cases Revisited
  • Notes
  • List of Cases
  • References

"This careful, thoughtful, and moving account of the Supreme Court's privacy cases should be of great interest to scholars in all disciplines interested in the Court and of the ideals and practices that guide it. Behuniak's book is a plea to judges at all levels to listen empathically to patients' knowledge and to integrate that knowledge into a more caring jurisprudence. She convincingly traces the inhumane consequences, in our law and in our ideals for law, of their failure, to date, to do so." - Robin West

"Professor Behuniak has written a provocative book, challenging the nature of knowledge that is admissible in courts of law. Drawing on the case law governing abortion and the right to assisted suicide, and spoken in a clearly feminist voice, the author makes an effective argument for law to accept, indeed to welcome, the knowledge of the patient as evidence in litigation.." -  Gayle Binion

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