文章基本信息

标题：The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases
本地全文：下载
作者：Ivo Giesen
期刊名称：Utrecht Law Review
电子版ISSN：1871-515X
出版年度：2012
卷号：8
期号：2
页码：35-54
DOI：10.18352/ulr.194
出版社：Igitur, Utrecht Publishing and Archiving Services
摘要：In analysing 'wrongful life' cases, comparative law is used extensively. This article examines these wrongful life cases, especially in light of the contradicting outcomes in different jurisdictions across the world, with the Dutch Kelly case and the South African decision in Stewart v Botha as its main examples. I will test the hypothesis that it is not so much the outcomes and (more importantly) the arguments found elsewhere through the comparative law method that are decisive in highly debated cases like those concerning wrongful life, but that instead it is something else that decides the issue, something I would define as the cultural background of, or the legal policies within a tort law system.
关键词：wrongful life; comparative law; tort law; policy decisions