The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases

36 Pages Posted: 22 Oct 2010 Last revised: 2 Apr 2013

See all articles by Ivo Giesen

Ivo Giesen

Utrecht Centre for Accountability and Liability Law; Utrecht University - School of Law

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Date Written: March 15, 2011

Abstract

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.

Keywords: Highest Courts, Wrongful life, Comparative Law, Tort Law

JEL Classification: K10, K13, K40

Suggested Citation

Giesen, Ivo, The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases (March 15, 2011). Available at SSRN: https://ssrn.com/abstract=1695379 or http://dx.doi.org/10.2139/ssrn.1695379

Ivo Giesen (Contact Author)

Utrecht Centre for Accountability and Liability Law ( email )

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Utrecht, 3512 BL
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0031302536148 (Phone)

HOME PAGE: http://www.uu.nl/NL/FACULTEITEN/REBO/ORGANISATIE/DEPARTEMENTEN/DEPARTEMENTRECHTSGELEERDHEID/Pages/de

Utrecht University - School of Law ( email )

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Utrecht
Netherlands

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