د. فرغلى هارون
المدير العـام
 عدد الرسائل : 3278
تاريخ التسجيل : 07/05/2008
 | | موضوع: New reproductive technology and the sociology of law - M.A 29/8/2010, 1:40 am | |
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New reproductive technology and the sociology of law
socio-legal issues regarding determination of parenthood and rights of the children conceived
M.A.
By Jennifer M. Calverley
Canadian theses, The University of Western Ontario, 2000
STUDENT ABSTRACT:
New reproductive technology involving a third party raises two important issues: (1) how to determine parenthood in situations of dispute when genetic and social parental roles have deliberately been split and, (2) how to determine the rights of the children conceived regarding access to records of their birth. The legal system has not adjusted to encompass the technology.
Thus how will law be developed and employed to determine parenthood, and to determine the rights of the children conceived? What is the most likely legal outcome? Maintaining a theoretical orientation these two key issues, fundamental points in the sociology of law, and the implications for all those involved are outlined in detail. Integrating the information it is interpreted from four socio-legal perspectives: functionalism, rationalism, moral entrepreneur and conflict theory. In conclusion it is recognized that judicial law making has been inevitable because of various opposing interests obstructing legislation. It will likely continue and will determine by the precedent it sets how legislation will eventually be enacted.
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