Relevant bibliographies by topics / Unborn children (Roman law)

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Unborn children (Roman law)'

Author: Grafiati
Published: 29 July 2024
Last updated: 30 July 2024

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Journal articles on the topic "Unborn children (Roman law)"

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WHITFIELD, ADRIAN. "COMMON LAW DUTIES TO UNBORN CHILDREN." Medical Law Review 1, no. 1 (1993): 28–52. http://dx.doi.org/10.1093/medlaw/1.1.28.

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Fioshin, Aleksandr V. "ON CHILD’S RIGHTS BEFORE AND AFTER BIRTH." Notary 2 (March 18, 2021): 24–28. http://dx.doi.org/10.18572/1813-1204-2021-2-24-28.

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The article is devoted to the issues of the unborn child’s rights and the abuse of the rights of children born. Examples of various legal orders protecting the life of a child before birth are given. The issue of the need to protect unborn children in the national doctrine is analyzed. The author’s definition of abuse of law in family legal relations is proposed. The abuse of the right by the child is characterized.
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Barker, Richard W. "Unborn children and child protection—Legal, policy and practice issues." Liverpool Law Review 19, no. 2 (September 1997): 219–29. http://dx.doi.org/10.1007/bf02810552.

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De Freitas, Shaun A. "Seeking Deliberation on the Unborn in International Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (June 8, 2017): 8. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2596.

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International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where it is due. Such deliberation is required, irrespective of the fact that jurisprudential debate on the unborn and on abortion is complex and controversial. The protection of human life, well-being, and dignity are essential aims of the United Nations Charter and the international system created to implement it. Although there have been collective efforts resulting in substantial development in international human rights law, the international community has not approached the legal status and protection of the unborn as a matter of urgency – this, while much has been accomplished regarding women, children, animals and cloning. This article therefore argues for the development of a deliberative framework so as to further the recognition (not necessarily in an absolute sense) of the unborn in international law, bearing in mind that opposition to abortion does not of itself constitute an attack on a woman's right to respect for privacy in her life. The article also sets out what such deliberation on the legal status and protection of the unborn entails, against the background of a procedurally-rational approach.
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Grubb, Andrew, and David Pearl. "Sterilisation and the Courts." Cambridge Law Journal 46, no. 3 (November 1987): 439–64. http://dx.doi.org/10.1017/s0008197300117465.

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In recent years courts in the common law world have been concerned with their protective jurisdiction in the area of medical treatment; for example, the rights and status of the unborn foetus, the withholding of treatment from handicapped children, sterilisation, the provision of contraception, and the availability of abortion in relation to healthy and handicapped children and young adults.
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Szelewa, Dorota. "Killing ‘Unborn Children’? The Catholic Church and Abortion Law in Poland Since 1989." Social & Legal Studies 25, no. 6 (December 2016): 741–64. http://dx.doi.org/10.1177/0964663916668247.

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Legislation on abortion in Poland is among the strictest of all European countries. As with Malta and Ireland, the regulations in Poland do not allow for the termination of a pregnancy on the grounds of the difficult social or economic situation of a woman. Post-1989 developments with regard to abortion law in Poland show the influence of the Catholic Church as a very powerful societal actor on the drafting and implementation of one of the most important policies affecting women’s rights and gender relations. Catholic ‘pro-life’ circles exercised pressure in the process of drafting and adopting the new law, as well as at the stage of the law’s implementation. The symbolic victory of the Church over abortion law is evident in the shift in general discourse and in the official language of legal acts, where, for example, ‘foetus’ has been replaced by ‘conceived child’ (in the law) or by ‘unborn child’ (in discourse). As a consequence, for public opinion abortion is seen as tantamount to ‘the act of killing the unborn child’.
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Montgomery, Heather, and Marc Cornock. "Children's rights in and out of the womb." International Journal of Children's Rights 19, no. 1 (2011): 3–19. http://dx.doi.org/10.1163/157181810x522351.

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AbstractThis article looks at the extent to which children's rights are applicable to the unborn. It focuses on England and Wales but also uses law and practice in other countries for comparative purposes. From the dual perspectives of the law and the anthropology/sociology of childhood, the authors examine how the unborn are constructed in law and culture and what this says about the boundaries between life and non-life, child and foetus, person and non-person. They also discuss the reluctance that many who work in childhood studies, and on children's rights, have shown in discussing the controversial question of when childhood begins. The article then examines differing ideas about when children are granted social and legal personhood and the various and often-contradictory positions taken by the law, parents, health care professionals and in more general debates.
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Bauer, Nicolas. "John Paul II, the right to life and abortion." Chrześcijaństwo-Świat-Polityka, no. 27 (December 29, 2023): 254–63. http://dx.doi.org/10.21697/csp.2023.27.1.15.

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John Paul II formulated the prohibition of killing an innocent person in terms of natural Human Rights. He advocated in favour of the right to life of unborn children, through diplomacy and action at the United Nations. The Polish Pope opposed both the claims and the methods of the pro-abortion lobby. This article examines news of this worldwide battle, analysing both Human Rights Law and the power relations surrounding abortion. Nearly thirty years after the Cairo Conference (1994), unborn children have not been excluded from the protection of the right to life and an international obligation to legalize abortion has never been created. However, the assaults of the pro-abortion lobby are as strong as during the 1990s. The entryism of this lobby has even created dysfunctions in the international institutions themselves, thus affecting and losing their impartiality.
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Ferdinands, Patrick. "How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need for Uniform Criminal Laws on Abortion across Australia." Deakin Law Review 17, no. 1 (October 1, 2012): 43. http://dx.doi.org/10.21153/dlr2012vol17no1art69.

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This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia’s criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.
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ten Haaf, Lisette. "Unborn and Future Children as New Legal Subjects: An Evaluation of Two Subject-Oriented Approaches—The Subject of Rights and the Subject of Interests." German Law Journal 18, no. 5 (September 1, 2017): 1091–120. http://dx.doi.org/10.1017/s2071832200022264.

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The desire to prevent prenatal and preconceptual harm has led to a call for more legal protection for unborn and future children. This Article analyzes the way in which the Dutch legal system has responded to this call by identifying and critically scrutinizing two strategies employed in this response. First, to protect the unborn child from maternal harm, the concept of legal personality has been expanded to include the unborn child, albeit only the viable fetus. This strategy is criticized because its measures are presented as if they follow directly from the existing legal framework, whereas these measures are in fact based on several obscured assumptions and, therefore, bring to bear a new perspective on the concept of legal personality. The second strategy is applied to the future child. Instead of expanding an existing category, a new category is created to offer the future child a place within the law. The future child is addressed as the subject of legal relevant interests instead of rights. Although this strategy seems promising, it still faces difficulties when applied to the future child, which presumably has an interest in non-existence.
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Dissertations / Theses on the topic "Unborn children (Roman law)"

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Fronemann, Esther. "Der Beginn der Erbfähigkeit in Fällen extrakorporaler Befruchtung : eine Untersuchung zu 1923 II BGB /." Hamburg : Kovač, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/37908578X.pdf.

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Beitz, Ulrike. "Zur Reformbedürftigkeit des Embryonenschutzgesetzes eine medizinisch-ethisch-rechtliche Analyse anhand moderner Fortpflanzungstechniken." Frankfurt, M. Berlin Bern Bruxelles New York, NY Oxford Wien Lang, 2008. http://d-nb.info/990963055/04.

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Massager, Nathalie. "Les droits de l'enfant à naître: le statut juridique de l'enfant à naître et l'influence des techniques de procréation médicalement assistée sur le droit de la filiation :étude de droit civil." Doctoral thesis, Universite Libre de Bruxelles, 1997. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212236.

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Grub, Anna. "Schadenersatzansprüche bei Geburt eines behinderten Kindes nach fehlerhafter Pränataldiagnostik in der Spätschwangerschaft /." [S.l. : s.n.], 2006. http://www.gbv.de/dms/ilmenau/toc/512374953.PDF.

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Fumagalli, Manuel. "Rechtsprobleme vorgeburtlicher Diagnoseverfahren : die personenrechtliche Begründung von Pränataldiagnostik und Präimplantationsdiagnostik /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/507193571.pdf.

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Schulman, Marc. "The nasciturus non-fiction: the Libby Gonen story: contemporary reflections on the status of nascitural personhood in South African law." Thesis, 2014. http://hdl.handle.net/10539/15607.

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Thesis (L.L.M.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2014.
The non-consensual destruction of a nasciturus is a disturbing societal phenomenon that negatively permeates the lived realities of pregnant women with positive maternal intention. These women choose to experience a full term gestation and they choose to give birth to a live and healthy infant. At some point during their gestation they are non-consensually deprived of their choices through active third party violence by commission or passive third party negligence by omission. These women have no legal recourse for their loss, because in South African law, the non-consensual destruction of a nasciturus is not a crime. The nasciturus is not recognised as a victim separate from the pregnant woman despite the manner in which the pregnant woman freely chooses to interpret her pregnancy. The consensual destruction of a nasciturus enjoys legal protection in South African law by virtue of the provisions contained in the Choice on Termination of Pregnancy Act 92 of 1996. The choice to terminate a pregnancy is therefore legally recognised in South African law, whereas the choice to continue a pregnancy is not legally recognised. Argument is advanced in this dissertation for the legal recognition of the choice to continue a pregnancy by criminalising non-consensual nascitural destruction through the creation of a Choice on Continuation of Pregnancy Act. Non-Consensual nascitural destruction occurs as a result of violence against pregnant women as well as in situations of medical negligence. Empirical data is provided to demonstrate how non-consensual nascitural destruction can occur in medical settings where negligence is suspected. The inherent human need to safeguard and protect the nasciturus has been in existence since time immemorial. Despite this need, in South African law, legal subjectivity, and the ability to be recognised as a separate victim of crime, remain contingent upon a live birth. Evidence suggests that the requirement of live birth in law developed as an evidentiary mechanism and not as a substantive rule of law. Its relevance in circumstances of non-consensual nascitural destruction is doubtful at best. The law in South Africa has failed to take cognisance of the psychosomatic dimensions of personhood and argument is advanced in favour of a nuanced and constitutionally sensitive approach to matters of moral as well as legal personhood. Authentic female autonomy and reproductive freedom requires a re-evaluation of the paradigms that surround nascitural safeguarding and protection, and a transformative approach to constitutional interpretation. The establishment of a legislative scheme to criminalise the nonconsensual destruction of a nasciturus is proposed. Within this legislative scheme certain precautions and fortifications are suggested in order to avoid any potential erosion of the rights of pregnant women who have negative maternal intention. It is demonstrated that it is in fact possible for pregnant women with positive maternal intention and pregnant women with negative maternal intention to both enjoy legal protection without encroaching upon one another’s constitutional rights to reproductive freedom, bodily autonomy and privacy. It is contended that achieving the aforementioned is the final barrier to authentic female reproductive freedom in South Africa.
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Burda, Marianne Louise. "Understanding a woman's moral obligation to her fetus maternal-fetal conflict as a convenant relationship /." 2009. http://digital.library.duq.edu/u?/etd,101940.

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Books on the topic "Unborn children (Roman law)"

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Baccari, Maria Pia. La difesa del concepito nel diritto romano: Dai Digesta dell'imperatore Giustiniano. Torino: G. Giappichelli, 2006.

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Lamberti, Francesca. Studi sui "postumi" nell'esperienza giuridica romana. Napoli: Jovene, 1996.

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Lamberti, Francesca. Studi sui postumi nell'esperienza giuridica romana. Napoli: E. Jovene, 1996.

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Terreni, Claudia. Me puero venter erat solarium: Studi sul concepito nell'esperienza giuridica romana. Pisa: Edizioni PLUS, 2008.

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Indian Institute of Management, Ahmedabad., ed. Constitutional review: The right of an unborn generation. Ahmedabad: Indian Institute of Management, 2001.

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Giacobbe, Emanuela. Il concepito come persona in senso giuridica. Torino: G. Giappichelli, 2003.

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Sunesen, Sine. Fostre og børn, retlig beskyttelse. [Copenhagen]: Etiske råd, 1990.

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Herrera, Ian Henríquez. La regla de la ventaja para el concebido en el derecho civil chileno. Santiago, Chile: AbedeloPerrot, 2011.

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Hermanns-Engel, Karl-Joseph. Die rechtliche Berücksichtigung des Menschen vor der Zeugung: Eine Untersuchung zum deutschen, französischen und englischen Zivilrecht. Osnabrück: Universitätsverlag Rasch, 1997.

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Elorrio, Aurelio F. García. Protección de los niños no nacidos en el sistema interamericano de derechos humanos. Córdoba: Advocatus, 2001.

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Book chapters on the topic "Unborn children (Roman law)"

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"Children." In Women in Roman Law and Society, 111–30. Routledge, 2008. http://dx.doi.org/10.4324/9780203134603-12.

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O'Meara, Noreen. "Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991." In Essential Cases: EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780191883743.003.0022.

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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O’Meara.
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O'Meara, Noreen. "Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991." In Essential Cases: EU Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780191896668.003.0026.

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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O'Meara.
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O'Meara, Noreen. "Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991." In Essential Cases: EU Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780191948893.003.0028.

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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O’Meara.
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O'Meara, Noreen. "Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991." In Essential Cases: EU Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780191926433.003.0026.

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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O'Meara.
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O'Meara, Noreen. "Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991." In Essential Cases: EU Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780191995705.003.0029.

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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Society for the Protection of Unborn Children Ireland Ltd v Stephen Grogan and others (Case C-159/90), EU:C:1991:378, [1991] ECR I-4685, 4 October 1991. The document also includes supporting commentary from author Noreen O'Meara.
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Arjava, Antti. "Fathers and Children." In Women and Law in Late Antiquity, 28–75. Oxford University PressOxford, 1996. http://dx.doi.org/10.1093/oso/9780198150336.003.0002.

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Abstract One of the most peculiar features of Roman law was the father’s dominant position. In theory, he exercised an almost absolute authority, patria potestas, over his descendants until his own death. This should not be confused with the power of the kin. In societies where central power is weak, kinship groups have often taken a key role in securing internal order and external security. It is true that the system of patria potestas fulfilled some of these functions, providing a means of social control within the family. There was thus less need for direct state involvement in many areas.’ The Roman republic did not have a particularly strong central government, and even in the imperial era the machinery of the state was only slowly developing. However, the clans (gentes) had already lost all practical importance in Roman law.
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"WIDOWS AND THEIR CHILDREN." In Women and the Law in the Roman Empire, 243–93. Routledge, 2002. http://dx.doi.org/10.4324/9780203442524-10.

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Frier, Bruce W., and Thomas A. J. McGinn. "Tutelage and the Status of Children and Women." In A Casebook On Roman Family Law, 423–69. Oxford University PressNew York, NY, 2003. http://dx.doi.org/10.1093/oso/9780195161854.003.0006.

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Abstract Roman law, like other legal systems, recognized that some individuals, although they have become sui iuris, continue to require supervision, especially (in the Roman view) with regard to their property. From this recognition there derived a rather haphazardly concocted law of guardianship whereby a sui iuris person could be subject to the control of a tutor or curator; the extent of this control, however, varied widely from case to case. Young children presented a particular challenge. The harsh Roman demographic regime meant that many children became orphans before reaching adulthood. The Roman Empire offered only limited public assistance in handling orphans; and, as we have seen (Cases 148–154), adoption of sui iuris persons was actually discouraged, obviously because the Romans disliked eliminating independent households. Therefore, they instead relied heavily on tutelage. Archaic statute required the child’s nearest male agnate to become tutor, but this system had a clear potential for abuse since the agnate would often be an heir if the child died intestate. As a result, from an early date it became common for a child’s pater familias to name a tutor in his will; the power to name a testamentary tutor went hand in hand with the pater’s right to dispose of the child’s inheritance if the child died before reaching adulthood (Cases 173–176). When both these possibilities failed, by the late third century B.C. the praetor, in concert with other magistrates, could name a tutor; serving as tutor was conceived as a public duty. The powers and responsibilities of these tutores were extensive. Managing the ward’s estate meant maintaining not only its financial well-being but also, indirectly, the welfare of the ward. In principle, the tutor enjoyed the status of an owner of the property in question, though this still left some room for action on the part of the child in tutelage. But for the tutor there was a palpable downside to wielding so much authority. Tutores could be compelled to take up their role by a magistrate and were liable if they failed to do so. Acting as the guardian of a minor-age child might itself entail liability under one or more headings if the tutor acted fraudulently or simply without due care.
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Emir, Astra. "11. Health and Safety at Work." In Selwyn's Law of Employment, 302–34. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198836636.003.0011.

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This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HSWA, covering both the criminal and civil liability for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, including the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action.
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