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

20 Pages Posted: 22 May 2012

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: May 10, 2012

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: wrongful life, comparative law, tort law, policy decisions

Suggested Citation

Giesen, Ivo, The Use and Influence of Comparative Law in ‘Wrongful Life’ Cases (May 10, 2012). Utrecht Law Review, Vol. 8, No. 2, p. 35-54, May 2012, Available at SSRN: https://ssrn.com/abstract=2063503

Ivo Giesen (Contact Author)

Utrecht Centre for Accountability and Liability Law ( email )

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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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