European Journal of Health Law 11 : 123-125, 2004. 123 © 2004 Koninklijke Brill N.V. Printed in the Netherlands BOOK REVIEW ROSAMUND SCOTT Rights, Duties and the Body-Law and Ethics of the Maternal-Fetal Conflict (Hart Publishing, 2002) Rosamund Scott acknowledges from the very start of her book that the term fetal- maternal conflict is an unfortunate one. Pregnant women as a rule do everything not to harm their fetuses. Cases where a judge found herself in the equally unfor- tunate position of having to decide, under emergency conditions, between the life of a pregnant woman and the life of her fetus have been rare, compared to the situations which usually reach the courts as medical law cases to be resolved. Cases of fetal-maternal conflict admittedly lie at the gray border separating law from ethics. That these cases have reached the courts, forcing a legal answer to the issues they present means only that sometimes, we absolutely need an order by a court to resolve a very strong moral conflict. This is clear from the undisputed fact that we could never ask a judge to order a pregnant woman to stop smoking. Quite apart from that, two are the
European Journal of Health Law – Brill
Published: Jan 1, 2004
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