Rowman & Littlefield Publishers
Pages: 208
•
Trim: 6¼ x 9¼
978-0-8476-9454-9 • Hardback • August 1999 • $115.00 • (£88.00)
978-0-7425-7256-0 • eBook • August 1999 • $109.00 • (£84.00)
Susan M. Behuniak is professor of political science at Le Moyne College.
Chapter 1 Introduction
Chapter 2 Three Versions of a Story: Medical, Legal, and Personal
Chapter 3 The Abortion Cases: The Merging of Medical and Legal Knowledge
Chapter 4 The Physician Assisted Suicide Cases: The Triumph of Medical Knowledge over Patients' Knowledge
Chapter 5 A Jurisprudence of Justice and Care: Enabling the Court to Hear the Knowledge of Patients
Chapter 6 Listening to Patients: The Abortion and Physician Assisted Suicide Cases Revisited
This careful, thoughtful, and moving account of the Supreme Court's privacy cases should be of great interest to scholars in all disciplines interested in the Court and of the ideals and practices that guide it. Behuniak's book is a plea to judges at all levels to listen empathically to patients' knowledge and to integrate that knowledge into a more caring jurisprudence. She convincingly traces the inhumane consequences, in our law and in our ideals for law, of their failure, to date, to do so.
— Robin West, Frederick Haas Professor of law and philosophy, Georgetown University Law Center
Professor Behuniak has written a provocative book, challenging the nature of knowledge that is admissible in courts of law. Drawing on the case law governing abortion and the right to assisted suicide, and spoken in a clearly feminist voice, the author makes an effective argument for law to accept, indeed to welcome, the knowledge of the patient as evidence in litigation.
— Gayle Binion, University of California at Santa Barbara
Behuniak's argument is original and persuasive. Her book is an important contribution to the emerging tradition of care thinking in the area of jurisprudence.
— Alison M. Jaggar, University of Colorado, Boulder
Professor Behuniak has produced a cleanly written, methodically argued, and profoundly original analysis that challenges orthodox understandings of jurisprudence. Her investigation of why legal decision making should be tempered with an ethic of care and the plumbing of the consequences of a 'caring jurisprudence' for two crucial legal issues of our time—abortion and assisted suicide—are both inspired and inspiring. Her intriguing analysis should prove instructive in thinking about constitutional rights for years to come.
— James M. Hoefler, Dickinsin College
Sue Behuniak thoughtfully applies the developing feminist ethic of care to suggest a new approach to two important public policies, abortion and physician assisted suicide. She argues that these issues can not only be left to lawyers and doctors, but must also reflect the real knowledge of the people involved. Her perspective brings a key set of feminist ideas to bear on important public policy issues.
— Joan C. Tronto, Hunter College, CUNY
Justice and care are easy to divide; but how do we unite them into a holistic jurisprudence? This is the complex and difficult task that Susan Behuniak sets herself in A Caring Jurisprudence. The questions she poses and the answers she reaches will engage the interests of feminist and legal scholars alike.
— Judith A. Baer, Texas A&M University
scholarly and articulate challenges to the traditional American legal system . . . an important addition to feminist legal scholarship, which could effectively serve as a suplementary text in any law school classroom where modern constitutional theory or feminist jurisprudence is taught. Beyond that, the book provides a methodology to support and encourage judges in finding better ways to temper justice with compassion by inviting personal stories and voices into the judicial process.
— Kim Harvey, Golden Gate University School of Law; Golden Gate University Law Review
Challenges the traditional notion that judicial decision making should be impartial, reasoned, and universally applied. . . . The model and the book are interesting and thought-provoking.
— M.W. Bowers, University of Nevada, Las Vegas; Choice Reviews
This timely and informative book presents a clear argument for reconstructing a legal system that speaks to patient's lives.
— Political Studies Review
"Behuniak's model for change is a progressive one, complementing restorative justice movements in the criminal justice system and a shift toward integrative medicines in health care. In all these arenas there is a call for the honoring of diverse voices. Integration and expansion rather than replacement is the goal—both/and rather than either/or is the approach. A Caring Jurisprudence is a valuable contribution to this trend.
— Alexandra Dundas Todd, Suffolk University
A Caring Jurisprudence is an exceptional study of how the medical, legal, and personal versions of cases are heard in the courts, and it demonstrates the predominance of medical and legal views over the personal views of patients in the judicial process...This book is not only methodologically sound but also is well written and has a practical application. Behuniak's model is adaptable to many other types of cases involving patients and medicine, and it is as applicable to cases that involve mental health issues as it is to those that involve physical health issues. A Caring Jurisprudence should be read not only by academics but also by practitioners, including judges and justices of the Court.
— Donna R. Kemp, California State University; American Political Science Review