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Regulating Autonomy: Sex, Reproduction and Family

Edited by: Shelley Day Sclater, Fatemeh Ebtehaj, Emily Jackson, Martin Richards

ISBN13: 9781841139463
Published: March 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £69.99

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These essays explore the nature and limits of individual autonomy in law, policy and the work of regulatory agencies. Authors ask searching questions about the nature and scope of the regulation of 'private' lives, from intimacies, personal relationships and domestic lives to reproduction. They question the extent to which the law does, or should, protect individual autonomy.

Recent rapid advances in the development of new technologies - particularly those concerned with human genetics and assisted reproduction - have generated new questions (practical, social, legal and ethical) about how far the state should intervene in individual decision making. Is there an inevitable tension between individual liberty and the common good? How might a workable balance between the public and the private be struck? How, indeed, should we think about 'autonomy'?

The essays explore the arguments used to create and maintain the boundaries of autonomy - for example, the protection of the vulnerable, public goods of various kinds, and the maintenance of tradition and respect for cultural practices. Contributors address how those boundaries should be drawn and interventions justified. How are contemporary ethical debates about autonomy constructed, and what principles do they embody? What happens when those principles become manifest in law?

Family Law, Medical Law and Bioethics
1. Introduction: Autonomy and Private Life Emily Jackson and Shelley Day Sclater
Part 1: Intimacies and Domestic Lives
2. Exploitation: The Role of Law in Regulating Prostitution Suzanne Jenkins
3. Feminist Anti-violence Discourse as Regulation Helen Reece
4. Relational Autonomy and Rape Jonathan Herring
5. Rules for Feeding Babies Ellie Lee and Jennie Bristow
6. Legal Representation and Parental Autonomy: The Work of the English Family Bar in Contact Cases Mavis Maclean and John Eekelaar
7. Regulating Step-parenthood Jan Pryor
8. Internet Sex Offenders: Individual Autonomy, 'Folk Devils' and State Control Julia Davidson and Elena Martellozzo
Part 2: Reproduction
9. Regulation of Reproductive Decision-making Theresa Glennon
10. Instruments for ART Regulation: What are the Most
Appropriate Mechanisms for Achieving Smart Regulation? Martin H Johnson and Kerry Petersen
11. Which Children can we Choose? Boundaries of Reproductive Autonomy Martin Richards
12. Anonymity—or not—in the Donation of Gametes and Embryos Susan Golombok
13. Autonomy and the UK's Law on Abortion: Current Problems and Future Prospects Laura Riley and Ann Furedi