The purpose of the ISCL is to encourage the comparative study of law and legal systems and to seek affiliation with individuals and organisations with complimentary aims. We were established in June 2008 and are recognised by the International Academy of Comparative Law.

Wednesday, June 13, 2012

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

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.

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.