Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies

By Patricia Boling | Go to book overview

subjects come to identify themselves as raced and to discriminate against those who are racially other must become objects of analysis and criticism. Finally, the paradoxical nature of legal discourse -- its inherent instability and its tendency to fix conceptions of identity -- provides an opportunity to highlight the constructed nature of core legal fictions and the exclusions they sustain. Although dismantling unitary definitions of identity is a first step, the resilience and insidiousness of racism requires attention to the specificity of racist practices and their manifestations in both theory and practice.


Notes
1.
Toni Morrison, Playing in the Dark: Whiteness and the Literary Imagination (Cambridge: Harvard University Press, 1992).
2.
Frances Olsen, "Unraveling Compromise", Harvard Law Review 103:105-135 ( November 1989); Catharine MacKinnon, "Reflections on Sex Equality Under Law", Yale Law Journal 100:1281-1328 ( 1990).
3.
"Rethinking (M)otherhood: Feminist Theory and State Regulation of Pregnancy", Harvard Law, Review 103:1325-1343 ( 1990); Joseph Losco, "Fetal Rights and Feminism", in Feminist Jurisprudence: the Difference Debate, ed. Leslie Goldstein ( Lanham, MD: Rowman and Littlefield, 1992).
4.
Dawn Johnsen, "From Driving to Drugs: Governmental Regulation of Pregnant Women's Lives after Webster," University of Pennsylvania Law Review 138:179-215 ( 1989).
5.
Morrison, Playing in the Dark.
6.
Conversations with Kristin Koptiuch helped clarify my thinking on this point.
7.
John Bender and David E. Wellbery, "Rhetoricality: on the Modernist Return of Rhetoric", in The Ends of Rhetoric, ed. John Bender and David E. Wellbery (Stanford: Stanford UP, 1990), p. 131.
8.
Mariana Torgovnick, Gone Primitive: Savage Intellects, Modern Lives ( Chicago: University of Chicago Press, 1990), 247.
9.
See Chapter 6 of this volume.
10.
See my "Mother' in Law: Conceptions of Mother and the Maternal in Feminism and Feminist Legal Theory", differences: a Journal of Feminist Cultural Criticism 3:20-38 ( Spring 1991); Julia Creet, "Daughter of the Movement: the Psychodynamics of Lesbian S/M Fantasy", differences: a Journal of Feminist Cultural Studies 3:135-159 ( Summer 1991), and Homi Bhabha , "The Other Question", Screen 24(6):34 ( 1983), where he notes: "darkness signifies at once both birth and death; it is in all cases a desire to return to the fullness of the mother, a desire for an unbroken and undifferentiated line of vision and origin."
11.
Patricia Williams, "Fetal Fictions: an Exploration of Property Archetypes in Racial and Gendered Contexts", University of Florida Law Review 42:86 ( 1990).
12.
Williams, "Fetal Fictions", 92.
13.
Williams, "Fetal Fictions", 93.
14.
Mary Ann Doane, Femmes Fatales: Feminism, Film Theory, Psychoanalysis ( New York: Routledge, 1992), 212.
15.
Sander Gilman, "Black Bodies, White Bodies:Toward an Iconography of Female Sexuality in Late Nineteenth Century Art, Medicine and Literature", in Race, Writing and Difference, 223-261, ed. Henry Louis Gates ( Chicago: Chicago University Press, 1986).
16.
Gilman, "Black Bodies, White Bodies", 250.
17.
Susan Sontag, AIDS and Its Metaphors, ( New York: Anchor, 1989), 139.

-152-

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Expecting Trouble: Surrogacy, Fetal Abuse, and New Reproductive Technologies
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Foreword vii
  • 1 - Introduction 1
  • Notes 7
  • 2 - The Tailor-Made Child: Implications for Women and the State 9
  • Notes 19
  • References 21
  • 3 - Fetal Personhood: Political Identity Under Construction 25
  • Notes 44
  • References 51
  • 4 - Fetal Endangerment Versus Fetal Welfare: Discretion of Prosecutors in Determining Criminal Liability 55
  • Notes 75
  • References 79
  • 5 - A Gender Analysis of Policy Formation: the Case of Fetal Abuse 85
  • Notes 103
  • References 104
  • 6 - Punishment, Treatment, Empowerment: Three Approaches to Policy for Pregnant Addicts 109
  • Notes 126
  • References 131
  • 7 - The Aclu Philosophy and the Right to Abuse the Unborn 135
  • Notes 140
  • 8 - The Trope of the Dark Continent in the Fetal Harm Debates: "Africanism" and the Right to Choice' 142
  • Notes 152
  • 9 - "Surrogate Mothering" and Women's Freedom: a Critique of Contracts for Human Reproduction 156
  • Notes 171
  • References 174
  • 10 - The "Gift" of a Child: Commercial Surrogacy, Gift Surrogacy, and Motherhood 177
  • Notes 196
  • References 200
  • About the Contributors 203
  • About the Book 205
  • Index 207
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