<i>Personhood Under the Fourteenth Amendment</i>

Samar, Vincent J.

Journal: Marquette Law Review

Volume: 101

First Page: 287

Year: 2017

Bluebook Citation: 101 MARQ. L. REV. 287 (2017)

Author: Vincent J. Samar: all 20 publications


Abstract

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life.

By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about abortion and women’s rights.

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