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UBC Theses and Dissertations
Abortion, law and the ideology of motherhood: new perspectives on old problems Fegan, Eileen Veronica
Abstract
Many feminist analyses of abortion law in Canada over the last two decades have been characterized by criticism of the failure of legislation and case law to appreciate adequately the interests of women in the matter. As a result they have advocated the pursuit of legislative reform and the demand for legal recognition and judicial protection of women's "right to choose". Despite the substantial fulfilment of these aims, problems of availability and access to abortion services continue to be experienced by Canadian women. This thesis purports to adopt a new, more critical perspective, incorporating an ideological analysis of both past restrictions and current conflicts over abortion regulation, in an attempt to develop fresh insights into the possibilities for feminist strategizing in this area. In highlighting the subtle ways in which law itself facilitates the continued denial of women's reproductive choice, it seeks to discourage the future reliance upon law alone to redress these current injustices. The concept of a "dominant ideology of motherhood" is employed as the theoretical framework from which to examine the role of law in reflecting, and reinforcing dominant ideas about women and their relation to motherhood. An investigation of the ideas most influential in shaping the first nineteenth century prohibition on abortion and, of the understandings manifested in the legal developments secured since, discloses the constancy of certain, oppressive constructions of women in legal forums. Further analysis of how ideological anti-abortion messages have been imported into judicial discourse via the recent abortion injunction cases, suggests that law may not be the most appropriate forum in which to challenge and modify these dominant ideas. Upon these findings, the scope for constructing alternative, revolutionary feminist discourse on abortion is examined. The thesis concludes that deconstruction of the particular and oppressive ideas informing the past and present legal treatment of abortion, and of the ideological nature of law itself, may provide a basis for developing oppositional, "woman-centred" ideas and understandings on the issue. Finally, it is suggested that feminists might make greater progress in the current debate through promoting these ideas in the extra-legal sphere.
Item Metadata
Title |
Abortion, law and the ideology of motherhood: new perspectives on old problems
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Creator | |
Publisher |
University of British Columbia
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Date Issued |
1994
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Description |
Many feminist analyses of abortion law in Canada over the last two decades have been
characterized by criticism of the failure of legislation and case law to appreciate adequately the
interests of women in the matter. As a result they have advocated the pursuit of legislative
reform and the demand for legal recognition and judicial protection of women's "right to
choose". Despite the substantial fulfilment of these aims, problems of availability and access to
abortion services continue to be experienced by Canadian women. This thesis purports to adopt
a new, more critical perspective, incorporating an ideological analysis of both past restrictions
and current conflicts over abortion regulation, in an attempt to develop fresh insights into the
possibilities for feminist strategizing in this area. In highlighting the subtle ways in which law
itself facilitates the continued denial of women's reproductive choice, it seeks to discourage the
future reliance upon law alone to redress these current injustices.
The concept of a "dominant ideology of motherhood" is employed as the theoretical framework
from which to examine the role of law in reflecting, and reinforcing dominant ideas about
women and their relation to motherhood. An investigation of the ideas most influential in
shaping the first nineteenth century prohibition on abortion and, of the understandings manifested
in the legal developments secured since, discloses the constancy of certain, oppressive
constructions of women in legal forums. Further analysis of how ideological anti-abortion
messages have been imported into judicial discourse via the recent abortion injunction cases,
suggests that law may not be the most appropriate forum in which to challenge and modify these
dominant ideas. Upon these findings, the scope for constructing alternative, revolutionary feminist discourse on
abortion is examined. The thesis concludes that deconstruction of the particular and oppressive
ideas informing the past and present legal treatment of abortion, and of the ideological nature
of law itself, may provide a basis for developing oppositional, "woman-centred" ideas and
understandings on the issue. Finally, it is suggested that feminists might make greater progress
in the current debate through promoting these ideas in the extra-legal sphere.
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Extent |
7738577 bytes
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Genre | |
Type | |
File Format |
application/pdf
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Language |
eng
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Date Available |
2009-02-24
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Provider |
Vancouver : University of British Columbia Library
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Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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DOI |
10.14288/1.0077505
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Graduation Date |
1994-05
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Campus | |
Scholarly Level |
Graduate
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Aggregated Source Repository |
DSpace
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Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.