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2006

Schulich School of Law, Dalhousie University

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Full-Text Articles in Law

Emergency Contraception, Abortion And Evidence-Based Law, Rebecca Cook, Bernard Dickens, Joanna Erdman Jan 2006

Emergency Contraception, Abortion And Evidence-Based Law, Rebecca Cook, Bernard Dickens, Joanna Erdman

Articles, Book Chapters, & Popular Press

Courts and legal tribunals increasingly decline to serve as religious or moral guardians, and require social evidence to support litigants' claims. Recent cases on emergency contraception and abortion are examined to show how judicial interpretations can take account of evidence of the impact that different understandings of the law will have for how ordinary people can plan their lives and reproductive choices. In an emergency contraception case, an interpretation was rejected that would have criminalized choices that millions of decent, law-abiding physicians, pharmacists and women routinely make. In an abortion case, three judges unanimously rejected a government ministry's defence of …