Surrogacy Legal Issues and Perspectives

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Questions and Answers

What was the main legal issue in the surrogacy case?

Whether the surrogacy arrangement was considered a commercial contract

Whether the payment made to the surrogate mother was deemed as remuneration or expenses

Whether the court could give prior authorization for the payment to the surrogate mother

All of the above (correct)

What did the court decide regarding the payment made to the surrogate mother?

The payment was considered expenses, making the arrangement non-commercial, but still subject to legal scrutiny. (correct)

The payment was deemed legal, but only after receiving prior authorization from the court.

The court deemed the payment illegal and required the surrogate mother to return the money.

The payment was considered remuneration, making the arrangement commercial and illegal under English law.

Why was the surrogacy arrangement considered non-commercial?

Because there was no third party or agency involved in the arrangement. (correct)

Because the surrogate mother did not profit financially from the arrangement.

Because the payment was made for services rendered, rather than for profit.

Because the surrogate mother was not involved in any form of remuneration.

What was the legal precedent that allowed the court to authorize the payment retrospectively?

The court argued that the best interests of the child justified the retrospective authorization, even though it was not directly within the legal parameters of the case. (C) Signup and view all the answers

What is the main argument being made by the author in this passage?

The author is illustrating how legal frameworks can be used to expand the power of the 'psy' professions, specifically in areas like family law and child welfare. (A) Signup and view all the answers

What is the author's opinion of the legal approach taken in the surrogacy case?

The author is critical of the court's reliance on 'the best interests of the child' as a justification for retrospective authorization. (B) Signup and view all the answers

According to the passage, what is the legal status of commercial surrogacy arrangements in the UK?

Commercial surrogacy arrangements are illegal, but there are exceptions made for non-commercial arrangements. (B) Signup and view all the answers

What is the author's overall perspective on the use of 'the best interests of the child' criterion in legal decisions?

The author is concerned that 'the best interests of the child' can be used to justify extending the power of professionals in certain fields. (B) Signup and view all the answers

How does the focus on legal method being 'judge-oriented' limit the understanding of law?

It narrows the focus on legal practice to the courtroom, neglecting the diverse roles of lawyers in other areas. (B), It ignores the practical applications of law in non-judicial settings, limiting the scope of understanding. (D) Signup and view all the answers

Which of the following statements best reflects the author's view on the extension of legal terrain?

The extension of legal terrain is often met with skepticism and criticism. (C) Signup and view all the answers

What significant difference does Stang Dahl highlight between her approach to Women's Law and the existing legal method?

Stang Dahl encourages the inclusion of personal experiences and social realities in legal interpretation. (C) Signup and view all the answers

Which of the following is a key idea presented by Stang Dahl regarding the interpretation of law?

The interpretation of law should be heavily influenced by the 'real' experiences of individuals. (B), The application of legal method should remain the core focus of legal science. (D) Signup and view all the answers

How does Stang Dahl's view on legal method relate to the critique of law being narrowly judge-oriented?

She attempts to reconcile traditional legal method with the inclusion of empirical evidence. (D) Signup and view all the answers

Which of the following statements best reflects Stang Dahl's perspective on legal sources?

The legal sources should be expanded to include informal customs and public opinion. (A) Signup and view all the answers

What is the author's primary concern regarding the extension of legal terrain?

It may lead to a resistance and questioning of law's power and legitimacy. (A) Signup and view all the answers

What does the author suggest is the consequence of the judge-oriented nature of legal method?

It marginalizes the experiences and perspectives of marginalized groups. (C) Signup and view all the answers

What does Foucault suggest about the relationship between law and surveillance?

They are inextricably linked and mutually reinforcing. (B) Signup and view all the answers

What does Foucault mean by "the ensemble of rules according to which the true and the false are separated and specific effects of power attached to the true"?

The process of defining and enforcing what is considered true and false. (B) Signup and view all the answers

According to Foucault, what is the significance of claiming scientificity for a field of knowledge?

It elevates its status and power compared to other, less scientific knowledge. (D) Signup and view all the answers

What does the author suggest is a parallel between the claim to truth in science and the claim to truth in law?

Both are able to wield power by defining and enforcing their own truths. (D) Signup and view all the answers

What is the author's primary argument in this excerpt regarding the relationship between law and truth?

Law's claim to truth is distinct from that of science but shares its potential for power. (D) Signup and view all the answers

What does the author mean by "uneven development of this colonization of law"?

The growing influence of law on all aspects of life, with some areas being more heavily impacted than others. (B) Signup and view all the answers

What is the author's purpose in briefly discussing truth and knowledge before analyzing the relationship between law and surveillance?

To establish a theoretical framework for analyzing the functioning of law and its potential for control. (A) Signup and view all the answers

What kind of 'truth' does the author suggest is employed by law?

Legal truth based on interpretation of statutes and precedents. (D) Signup and view all the answers

Which of the following is NOT an example of the 'law' that Stang Dahl believes affects women's lives more than formal law?

Sex discrimination legislation (A) Signup and view all the answers

Why does Stang Dahl believe legal reasoning focused on abstract norms and individual cases is 'judge-dominated'?

Judges are more likely to be persuaded by arguments grounded in abstract legal principles. (D) Signup and view all the answers

What is Stang Dahl's central criticism of traditional legal methods, as applied to women's issues?

They focus too heavily on abstract legal principles, neglecting the practical realities of women's lives. (A) Signup and view all the answers

How does Stang Dahl believe women's law in Oslo should differ from traditional legal approaches?

It should be more practical and focused on the everyday concerns of women. (D) Signup and view all the answers

What is the author's perspective on Stang Dahl's view of the importance of formal law in feminist work?

The author agrees with Stang Dahl and believes formal law is less relevant to women's lives. (B) Signup and view all the answers

According to the excerpt, what is the primary way law is depicted as influencing social change?

Law acts as a catalyst for social progress, leading to the dismantling of existing societal structures. (A) Signup and view all the answers

What is the significance of Stang Dahl's view on the 'law' that affects women's lives?

It challenges the traditional focus on formal law and suggests a broader approach to women's legal issues. (B) Signup and view all the answers

What is the author's main goal in discussing Stang Dahl's work?

To provide a summary of Stang Dahl's key arguments. (A) Signup and view all the answers

What is the central critique of Lord Denning's statement regarding the legal equality of women?

Denning mistakenly attributes the achievement of women's legal equality solely to legislative action, neglecting the role of social movements. (C) Signup and view all the answers

According to the passage, how does law's perceived ability to create progress reinforce its power?

By legitimizing law's role in shaping society, it reinforces the acceptance of legal decisions as inherently just and beneficial. (B) Signup and view all the answers

What does the author mean by stating that Stang Dahl's work 'says more than she realizes'?

Stang Dahl's arguments are more profound than they seem at first glance. (D) Signup and view all the answers

The passage draws a parallel between law and medicine, highlighting specific similarities. Which of the following is NOT one of these similarities?

Both medicine and law strive for objective truth and rely on scientific principles to guide their practice. (C) Signup and view all the answers

The passage uses the term 'iatrogenic' to describe a particular characteristic of law. What does 'iatrogenic' mean in this context?

The tendency of law to inadvertently create harm or negative consequences (B) Signup and view all the answers

According to the passage, how does law's ability to disqualify alternative accounts solidify its power?

By eliminating challenges to its authority, law strengthens its position as the definitive interpreter of social reality. (D) Signup and view all the answers

The passage highlights a specific perception of law that is deemed problematic. What is this perception?

Law is perceived as a force of linear progress, capable of righting wrongs and extending rights. (A) Signup and view all the answers

The excerpt refers to Foucault's notion of the 'old' power of law. Which of the following concepts most closely aligns with this notion?

The perception of law as a sovereign entity with the power to give or withhold rights. (A) Signup and view all the answers

What is the primary argument made by the author to support the claim that legal method can exclude subjective areas like moral evaluations?

The author claims legal method, by focusing on interpreting the law, avoids making judgments based on morals. (C) Signup and view all the answers

According to the author, what is the core idea behind defining relevance in legal practice?

The author argues that the process of determining relevance is based on establishing a clear connection between evidence and the legal issue. (B) Signup and view all the answers

How does the example of sexual history in rape cases illustrate the critique of legal methods?

The author highlights this is an example of how legal methods can be used to perpetuate gender inequalities by focusing irrelevant information. (C) Signup and view all the answers

What does the author suggest is the problem with the third element of legal method, which is case analysis?

The author questions whether case analysis is a truly objective process, suggesting that judges might select cases to support predetermined decisions. (A) Signup and view all the answers

Why does the author state that women lawyers face a difficult choice between feminism and legal practice?

The author believes women lawyers face a dilemma, where adhering to legal methods often means compromising their feminist values. (A) Signup and view all the answers

What is the author's main argument regarding the use of the term 'good' law?

The author questions the objective nature of labeling some cases as 'good' law, suggesting that the classification is based on subjective interpretations. (C) Signup and view all the answers

According to the author, how does the law evade feminist challenges?

The author argues that law often dismisses feminist concerns as irrelevant and outside the scope of its purview. (C) Signup and view all the answers

What does Mossman argue about the feminist challenge to the law?

Mossman argues that the feminist challenge is based on subjective interpretations of the law, rendering it invalid. (D) Signup and view all the answers

Study Notes

Introduction

This book explores how law exercises power and its limitations.
Initial understanding of law is problematic—Law is a complex body of conflicting principles and effects.
The term "law" itself is understood as a powerful claim that creates a unified field, but this is a simplification.
The concept of law wields power by claiming a superior and unified knowledge.
The book will explore how law defines events and everyday life.

Power, Truth, Knowledge

The concept of power is a central theme, drawing on Foucault's work.
Modern power, in contrast to traditional understood, is more relational and interactive.
Foucault's view of power emphasizes its 'subtle', 'creative' and 'productive' aspects.
Law, similar to science, claims the ability to speak truth in a way that prioritizes itself.

Feminism and the Power of Law

The book challenges the traditional concepts of power and law.
Law's claims to truth are not always applied consistently in practical application.
Law's methodology also warrants critique in relation to feminist theory.
The interaction between legal concepts and scientific discourse
Law is influenced by existing social processes.
Legal concepts are influenced by pre-existing rules and norms.
The book challenges traditional ideas of law's role and power.

The New and Old Contrivances of Power

The author challenges traditional views of law as the sole source of power.
Modern mechanisms of power are contrasted with historical examples.

The Problem of Legal Method

Legal methods and their consequences are a subject of scrutiny.
Questions emerge about the neutral objectivity of law.
Critique of legal education and legal method in specific relation to feminism
Law's claims to impartiality are part of its power dynamic.
The assumption of neutrality by legal doctrine is challenged.

Example Cases

Case examples related to adoption and surrogacy illustrate the interaction between law and social discourse.
The interplay of law, medicine and social issues are discussed.
Examples illustrating the interplay of law and social discourse are detailed.
Examples showcase how law interacts with other systems of knowledge.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore the intricate legal aspects surrounding surrogacy in this quiz. Delve into the court's decisions, the non-commercial status of arrangements, and the implications of legal precedents. Engage with the author's arguments on the effectiveness of the legal approach and the importance of 'the best interests of the child.'