Suchergebnisse

Abstract
The aim of this paper is to settle the controversy around Kant's notorious discussion of maternal infanticide in the 'Doctrine of Right' of 1797. How should a state punish an unmarried mother who has killed her newborn infant? The text (at DoR VI 335–37) is obscure. Three readings have been defended in the literature: 1. Lenience. Maternal infanticide does not count as murder; so, capital punishment is inappropriate. On this view, the child does not enjoy the full recognition of the law (this is the standard view). 2. Temporary privilege. Lenience should prevail as long as social attitudes are barbaric and treating maternal infanticide like regular cases of murder is perceived to be unjust. The regular punishment for murder will be appropriate once sexual mores have changed. The child will then enjoy the full protection of the law (Hruschka, Varden). 3. No lenience. Capital punishment, though it appears to be unjust, is actually just and ought to be applied. Any child, whether born to married parents or not, enjoys the full protection of the law (Brandt, Uleman). Based on a close examination of the passage and the context of contemporary laws and attitudes, Kant is not, it will be argued, advocating lenience but certain legislative reforms, which are needed to dispel the perception that capital punishment is unjust. Progressive legislation will change social attitudes, not vice versa. Moreover, it will be shown that Kant does not, appearances notwithstanding, endorse the thesis that a child born out of wedlock has been smuggled into the state like 'prohibited goods' or 'contraband merchandise', which would deprive the child of the protection of the state; that is the view with which Kant saddles Cesare Beccaria.

The aim of this paper is to settle the controversy around Kant's notorious discussion of maternal infanticide in the 'Doctrine of Right' of 1797. How should a state punish an unmarried mother who has killed her newborn infant? The text (at DoR VI 335–37) is obscure. Three readings have been defended in the literature: 1. Lenience. Maternal infanticide does not count as murder; so, capital punishment is inappropriate. On this view, the child does not enjoy the full recognition of the law (this is the standard view). 2. Temporary privilege. Lenience should prevail as long as social attitudes are barbaric and treating maternal infanticide like regular cases of murder is perceived to be unjust. The regular punishment for murder will be appropriate once sexual mores have changed. The child will then enjoy the full protection of the law (Hruschka, Varden). 3. No lenience. Capital punishment, though it appears to be unjust, is actually just and ought to be applied. Any child, whether born to married parents or not, enjoys the full protection of the law (Brandt, Uleman). Based on a close examination of the passage and the context of contemporary laws and attitudes, Kant is not, it will be argued, advocating lenience but certain legislative reforms, which are needed to dispel the perception that capital punishment is unjust. Progressive legislation will change social attitudes, not vice versa. Moreover, it will be shown that Kant does not, appearances notwithstanding, endorse the thesis that a child born out of wedlock has been smuggled into the state like 'prohibited goods' or 'contraband merchandise', which would deprive the child of the protection of the state; that is the view with which Kant saddles Cesare Beccaria. ; Publisher PDF ; Peer reviewed

Around 1900, an extraordinary number of stillbirths appeared in Japan's statistical yearbooks. This article investigates possible biological explanations but concludes that Japan's anomalous stillbirth rates were primarily the result of the deliberate misreporting of infanticides and abortions. On the basis of an international comparison spanning five centuries, it estimates that between 1886 and 1940, Japanese parents filed between 1.7 and 2.8 million false stillbirth reports.

Recent historical studies have reconsidered the plight of white women accused of infanticide in Australia, casting new light especially on the motives of single women and mothers of large families. Still unredeemed and largely unanalysed, however, is the baby‐farmer. This article explores stereotypes of this bête noire of the nineteenth‐century city, addressing concurrent medicalisation of the maternal body, child‐birth, infant feeding and foster care. In so doing it also analyses representations of the midwife and the wet‐nurse, along with their essentialised opposite, the good mother, who abided by the newly defined 'rights of the child'.

Honoring the Legacy of the Andrea Yates Case / George Parnham -- Becoming a Legal Expert in Infanticide and Filicide Cases in the United States / George Parnham -- A Groundbreaking Illinois Postpartum Law Brings Hope for Change in the United States / Susan Benjamin Feingold, Barry Michael Lewis -- Delineating the Meaning of Disturbance of Mind in Canadian Infanticide Law / Kirsten Kramar -- Fathers and Filicide : Mental Illness and Outcomes / Susan Hatters Friedman -- Role of Perinatal Psychiatric Complications in Infanticide and Filicide / Kimberly Brandt, Amanda Kingston -- Altruistic Filicide : A Trauma-Informed Perspective / Diana Barnes -- Understanding the Mysteries of Pregnancy Denial / Diana Barnes, Anne Buist -- Reflections of an Expert Witness in the Andrea Yates Case / Phillip Resnick -- Becoming an Expert Witness in Maternal Filicide Cases / Gina Wong, Kathryn Bell -- Writing the Filicide Report : Pearls of Wisdom for Expert Witnesses / Susan Hatters Friedman, Daniel Riordan, Jacqueline A. Short -- Maternal Filicide in Canadian News : A Decade in Review / Kimberly Rock, Amy Corkett, Nancy Shekarak Ghashghaei, Gina Wong -- Trauma and Attachment : Preventing Maternal Filicide Through the Generations / Nora L. Erickson, Megan M. Julian, Jonathan E. Handelzalts, Gina Wong, Maria Muzik -- Maternal Filicide in Malaysia : Structural Inequality and Cultural Disparity / Salmi Razali, Jane Fisher, Maggie Kirkman -- Postpartum Support International : A Leading Resource Center for Maternal Filicide in the United States / Jane Honikman, Tiffany Ross, Wendy Davis -- Clinical Case 1: The Dark Side of Mother : A Clinical Case in Italy / Nicoletta Giacchetti, Liliana Lorettu, Guido Maria Lattanzi, Franca Aceti -- Clinical Case 2: Falling Between the Cracks of Medical Care : A Case of Infanticide in South Africa / Ugasvaree Subramaney, Daniel Hoffman.