Judicial decision making and biological fact: Roe v. Wade and the unresolved question of fetal viability.

摘要: rT HE GROWING complexity of social issues inextricably bound up with moral and technical dimensions is producing a situation where traditional policy-making bodies appear impotent in resolving them. This failure largely one being unable to achieve political consensus. These emerging are not amenable conventional decision-making modes bargaining compromise often reflect an "either-or" decision little discretion for the policymaker. As consequence, these pressing require policy mechanism making hard choices that politically "no-win" situations. Despite reluctance courts enter this realm, increasingly they called upon make final decisions on otherwise unresolvable public issues. Although there systematic analysis problems derived from entrance into areas necessitate substantial techni-