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"Sheldon, Sally"
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British Abortion Law: Speaking from the Past to Govern the Future
2016
This paper analyses the poor alignment of the aging statutory framework and modern understandings of medical best practice in the context of abortion services. With a particular focus on medical abortion, it assesses the significant challenges that the gulf between the two poses for clinicians, service providers, regulators and the courts. Law is said to be at its most effective where there is a shared regulatory community that accepts and endorses the values that underpin it. It is suggested that the example of abortion law provides a marked example of what happens when legal norms once justified by broadly shared moral understandings, concerns for patient safety and requirements of best practice are now either unsupported by or, indeed, sit in opposition to such concerns.
Journal Article
Fathers’ Rights Activism and Law Reform in Comparative Perspective
2006
The legal status, responsibilities and rights of men who are fathers - married or unmarried, cohabiting or separated, biological or social in nature - is a topic with a long and well-documented history. Yet recent developments in a number of countries suggest a growing politicisation of the relationship between law and fatherhood. In some countries, an increasingly vocal, visible and well-organised fathers' rights movement has been credited with influencing perceptions of the politics of family justice. Fathers, it is argued, have become the new victims of family law justice systems that have swung 'too far' in favour of mothers. Armed with such claims, fathers' rights activists have set out to achieve a range of legal reforms, most notably in the areas of child support law and contact and residence rights following separation. This book presents an attempt to understand these developments. Bringing together leading international commentators it provides a careful, critical and comparative analysis of the work of fathers' rights activists, the role law has played in their campaigning, their legal strategies, their success (or otherwise) in achieving legal reform, similarities and divergences with the women's movement, and the relationship between fathers' rights movements and the societies that frame them. In addition to Collier and Sheldon, contributors include: Susan B Boyd (University of British Columbia, Canada), Jocelyn Crowley (Rutgers University, USA), Maria Eriksson (Goteborg University, Sweden), Keith Pringle (Aalborg University, Denmark), Helen Rhoades (Melbourne University, Australia), and Carol Smart (Manchester University, UK).
Empowerment and Privacy? Home Use of Abortion Pills in the Republic of Ireland
2018
Early reports heralded the development of abortion pills as promising a reproductive revolution. Some twenty-five years on, this article considers the extent to which this promise has been fulfilled in the context of the Republic of Ireland. It focuses in particular on the work of two online collectives, Women on Web and Women Help Women. Drawing on a small number of interviews with activists, support groups, service providers, doctors, and government officials, the article assesses, first, the extent to which abortion pills have empowered women and, second, their offer of privacy. It argues that while home use of pills has had enormous importance in furthering each of these goals and, more generally, women’s health, it does not offer a panacea for current deficiencies in reproductive health care. The empowerment offered by abortion pills is necessarily precarious and partial, with the privacy offered by the pills operating not just as part of that empowerment but also as a significant limitation on it. The article also suggests that privacy readily collapses into secrecy, feeding a carefully choreographed silence regarding abortion, which allows the state to ignore its existence and thus to avoid responsibility for women’s reproductive health.
Journal Article
The Decriminalisation of Abortion: An Argument for Modernisation
2016
While abortion is now offered as a routine part of modern NHS-funded reproductive healthcare, the legal framework regulating it remains rooted in the punitive, conservative values of the mid-Victorian era. This article argues that this framework is in need of fundamental reform to modernise it in line with the clinical science and moral values of the 21st century. It assesses the current statutory framework regulating abortion against the purposes that are typically claimed to motivate it: the protection of women; and the prevention and condemnation of the intentional destruction of fetal life. It argues that it fails to achieve either of these broad aims and that we should thus remove specific criminal penalties relating to abortion. This, it is suggested, would be likely to have very limited impact on the incidence of abortion but would, however, better recognise contemporary medical realities and moral thinking.
Journal Article
Contextual legal pedagogy: still radical?
by
Del Mar, Maksymilian
,
Sheldon, Sally
,
Armstrong, Kenneth A.
in
Colonialism
,
Context effects (Psychology)
,
Contextualism
2022
This is an introduction to the Special Issue on ‘Contextual Legal Pedagogy’. It introduces the themes of the Special Issue and offers summaries of the papers in the collection. The introduction considers whether, and how, contextual legal pedagogy can still be radical, and how addressing pedagogical issues also necessarily involves addressing vital theoretical issues.
Journal Article
How can a state control swallowing? The home use of abortion pills in Ireland
by
Sheldon, Sally
in
Abortifacient Agents, Steroidal - administration & dosage
,
Abortion
,
abortion pills
2016
Abstract Evidence suggests that there is widespread home use of abortion pills in Ireland and that ending a pregnancy in this way is potentially safer than the alternatives available to many women. This paper argues that there is a strong case for women with unwanted pregnancies to be offered truthful and objective information regarding the use of abortion pills by trusted local professionals and, further, that this is possible within existing law. A move in this direction would not, however, negate the need for legal reform to address the fundamental moral incoherence of a law that treats women who terminate pregnancies within Ireland as criminals but those who travel to access services overseas as victims in need of support. In support of these arguments, the paper draws on both library research and a small number of interviews with government officials, service providers and activists.
Journal Article
Fragmenting fatherhood
2008
Debates about the future of fatherhood have been central to a range of conversations about changing family forms, parenting and society. Law has served an important, yet often neglected, role in these discussions, serving as an important focal point for broader political frustrations, playing a central role in mediating disputes, and operating as a significant, symbolic, state-sanctioned account of the scope of paternal rights and responsibilities. Fragmenting Fatherhood provides the first sustained engagement with the way that fatherhood has been understood, constructed and regulated within English law. Drawing on a range of disparate legal provisions and material from diverse disciplines, it sketches the major contours of the figure of the father as drawn in law and social policy, tracing shifts in legal and broader understandings of what it means to be a 'father'and what rights and obligations should accrue to that status.
The Human Fertilisation and Embryology Act (2008) and the Tenacity of the Sexual Family Form
2010
The new parenthood provisions set out in Part 2 of the Human Fertilisation and Embryology Act 2008 have been attacked as dangerous and radical, offering a'lego-kit model of family life' and a ' magical mystery tour' in how legal fatherhood is to be determined. In this paper, we explain what is innovative about these new provisions but also explore what they owe to deep-rooted traditional assumptions about the family. Relying both on published documentation relating to this reform process and a small number of key actor interviews, we trace the imprint of what Fineman has described as the 'sexual family' model on the provisions. We conclude that the way that parenthood is framed within the legislation relies on a number of important normative assumptions which received very little scrutiny in this process. We also highlight a number of tensions within this framing which, we suggest, may create future problems for judicial determination.
Journal Article