Michelle Oberman. (2018). Her Body, Our Laws: On the Front Lines of the Abortion War, from El Salvador to Oklahoma. Beacon Press.

Michelle Oberman. 2018. Her Body, Our Laws: On the Front Lines of the Abortion War, From El Salvador to Oklahoma. Beacon Press.

Michelle Oberman, Her Body, Our Laws: On the Front Lines of the Abortion War, From El Salvador to Oklahoma. Beacon Press, 2018.

Michelle Oberman. Her Body, Our Laws: On the Front Lines of the Abortion War, From El Salvador to Oklahoma. Beacon Press, 2018.

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creators

1. • role: Author
   • fileAs: Oberman, Michelle
   • bioText: Michelle Oberman is the Katharine and George Alexander Professor of Law at Santa Clara University School of Law and an internationally recognized scholar on the legal and ethical issues surrounding adolescence, pregnancy, and motherhood. She works at the intersection of public health and criminal law, focusing on domestic and international issues affecting women’s reproductive health. Her book When Mothers Kill (2008) won the Outstanding Book Award from the Academy of Criminal Justice Sciences.
   • name: Michelle Oberman

publishDate

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title

Her Body, Our Laws

fullDescription

With stories from the front lines, a legal scholar journeys through distinct legal climates to understand precisely why and how the war over abortion is being fought.
Drawing on her years of research in El Salvador—one of the few countries to ban abortion without exception—legal scholar Michelle Oberman explores what happens when abortion is a crime. Oberman reveals the practical challenges raised by a thriving black market in abortion drugs, as well as the legal challenges to law enforcement. She describes a system in which doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes, and the troubling results of such collaboration: mistaken diagnoses, selective enforcement, and wrongful convictions.
Equipped with this understanding, Oberman turns her attention to the United States, where the battle over abortion is fought almost exclusively in legislatures and courtrooms. Beginning in Oklahoma, one of the most pro-life states, and through interviews with current and former legislators and activists, she shows how Americans voice their moral opposition to abortion by supporting laws that would restrict it. In this America, the law is more a symbol than a plan.
Oberman challenges this vision of the law by considering the practical impact of legislation and policies governing both motherhood and abortion. Using stories gathered from crisis pregnancy centers and abortion clinics, she unmasks the ways in which the law already shapes women’s responses to unplanned pregnancy, generating incentives or penalties, nudging pregnant women in one direction or another.
In an era in which every election cycle features a pitched battle over abortion’s legality, Oberman uses her research to expose the limited ways in which making abortion a crime matters. Her insight into the practical consequences that will ensue if states are permitted to criminalize abortion calls attention to the naïve and misguided nature of contemporary struggles over abortion’s legality.
A fresh look at the battle over abortion law, Her Body, Our Laws is an invitation to those on all sides of the issue to move beyond the incomplete discourse about legality by understanding how the law actually matters.

reviews

1. • premium: False
   • source: Kirkus Reviews
   • content: "A brief but sensible entry in the abortion wars."
2. • premium: False
   • source: Library Journal, Starred Review
   • content: "For anyone interested in a fresh, balanced perspective on abortion law and women's rights."
3. • premium: False
   • source: Carole Joffe, author of Dispatches from the Abortion Wars: The Costs of Fanaticism to Doctors, Patients, and the Rest of Us
   • content: "Drawing on her fascinating journeys into the abortion-hostile territories of El Salvador and Oklahoma, Oberman gives a penetrating analysis of both the power and limitations of laws governing abortion. This beautifully written and thought-provoking book offers the reader a novel way to consider the endless abortion conflict in the United States and elsewhere."
4. • premium: False
   • source: Aspen Baker, author of Pro-Voice: How to Keep Listening When the World Wants a Fight and founder of Exhale
   • content: "Oberman shows us that that in the midst of war, there is always space for listening. In her global journey through abortion laws and ideology, she brings us back to what really matters: sharing stories that help us recognize our common humanity. In our time of increasing polarization and politicization, Her Body, Our Laws demands a new path forward on abortion, one rooted in the difficult conversations we need to help us connect across our differences."
5. • premium: False
   • source: Debra Satz, the Marta Sutton Weeks Professor of Philosophy, Stanford University
   • content: "This is a splendid and important book. Oberman brings a legal scholar's attention to analysis of the abortion wars, along with a powerful gift for telling the stories of those intimately involved. In so doing, she illuminates not only what is at stake in our debates about abortion law but also what is missing from them."
6. • premium: True
   • source:
   • content:

     November 15, 2017
     A law professor brings her learned perspective and anecdotal evidence to one of the world's most controversial topics.A former Planned Parenthood volunteer, Oberman (Santa Clara Univ. School of Law; When Mothers Kill, 2008) admits her pro-abortion rights stance, but her short book rarely veers toward polemic. Instead, she shows how those on both sides tend to marginalize the women whose lives are already marginalized and that, for those women, "abortion's legal status hardly mattered." The author predicts that if the anti-abortion movement continues to gain momentum, laws against abortion won't stop them or even decrease them. Her approach is somewhat scattershot, but she focuses first on El Salvador, which "has the strictest abortion laws in the world." Since the passage of an absolute ban in 1998, the abortion rate has not dropped; enforcement is selective and charges are rare, mainly brought upon women in dire circumstances, many of whom have suffered a miscarriage or lack of prenatal care but haven't submitted to the abortion procedure. Furthermore, writes Oberman, "the rate of abortion in countries with restrictive abortion laws far exceeds that of countries with far more liberal laws, as in the United States." She suggests that those campaigning hardest to reverse the liberalization of abortion policy are mainly engaged in moral posturing, knowing that the procedure they condemn will not decrease but will be increasingly stigmatized and driven underground--or to the internet, where drugs that can terminate a pregnancy are far safer than the old cliche of the back-alley abortionist. Perhaps the most illuminating part of the book concerns the compassion the author found at Birth Choice, which offers a safe haven for women who keep their babies and where there is "no shame, just love." There she heard that there are "two kinds of pro-life people. People who are pro-life and people who are antiabortion...and the antiabortion folks are really difficult to work with."A brief but sensible entry in the abortion wars.

     COPYRIGHT(2017) Kirkus Reviews, ALL RIGHTS RESERVED.

7. • premium: True
   • source:
   • content:

     Starred review from November 15, 2017
     

     Oberman (Katharine and George Alexander Professor of Law, Santa Clara Univ. Sch. of Law; When Mothers Kill) uses her extensive knowledge of the legal system and the ethics of issues such as pregnancy and motherhood to disrupt easy narratives based on artificial binary oppositions. With this debut, she has made an incredible effort to allow all the people she interviews to have their own voices; she uses terms they self-select (e.g., pro-choice and pro-life) rather than taking a position, which adds to the stories she shares. Taken as a whole, the case studies compiled here demonstrate the need to examine the legal battles surrounding abortion in a way that resists an either/or framework. Ultimately, by juxtaposing El Salvador's unequivocal ban on abortion with Oklahoma's prolife stance, Oberman sheds light on the systemic impact that criminalizing abortion has on women's social, economic, and physical selves--and what a world without Roe v. Wade would look like. VERDICT For anyone interested in a fresh, balanced perspective on abortion law and women's rights.--Emily Bowles, Univ. of Wisconsin Coll. and Extension, Madison

     Copyright 2017 Library Journal, LLC Used with permission.

popularity

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With stories from the front lines, a legal scholar journeys through distinct legal climates to understand precisely why and how the war over abortion is being fought.
Drawing on her years of research in El Salvador—one of the few countries to ban abortion without exception—legal scholar Michelle Oberman explores what happens when abortion is a crime. Oberman reveals the practical challenges raised by a thriving black market in abortion drugs, as well as the legal challenges to law enforcement. She describes a system in which doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes, and the troubling results of such collaboration: mistaken diagnoses, selective enforcement, and wrongful convictions.
Equipped with this understanding, Oberman turns her attention to the United States, where the battle over abortion is fought almost exclusively in legislatures and courtrooms. Beginning in Oklahoma, one of the...

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Her Body Our Laws On the Front Lines of the Abortion War from El Salvador to Oklahoma

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On the Front Lines of the Abortion War, from El Salvador to Oklahoma

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Beacon Press

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   • description: Social Science / Abortion & Birth Control