USA och den aborterade friheten

Detta är en Kandidat-uppsats från Lunds universitet/Statsvetenskapliga institutionen

Sammanfattning: This bachelor thesis is based on two American legal cases concerning the issue of abortion. The first one is the case of Roe v. Wade, which grants the woman the constitutional right to terminate her pregnancy. The second one, Beal v. Doe gives the states the right to choose not to finance abortions. This is where I found my problem. Since Roe v. Wade and Doe v. Beal can be said to stand in opposition to each other. To examine this potential conflict the methods concept analysis (begreppsanalys), “idea criticism” (idékritik) and compatibility analysis (förenlighetsanalys) is used. These methods are all part of the “idea analytical” study. The concept analysis clarifies concepts and values that are represented in the court proceedings of each case. Through “idea criticism” each case is tested by logic, durability and reasonability. The final step in the analysis is to ensure proper compatibility of the cases, this through a compatibility analysis. The analyses demonstrate that Roe v. Wade and Beal v. Doe consists of a value conflict, which fits within the Constitution. The Constitution entitles the state and the individual's inviolable rights, which on the issue of abortion comes into conflict with each other. My thesis shows that state influence get priority through Beal v. Doe, the Court held the verdict did not constitute a violation of a woman's right to terminate her pregnancy. Something I can question by highlighting Beal v. Doe with a structural perspective, as Beal v. Doe indirectly can be seen to violate Roe v. Wade.

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