The Essence of the Epoche

Topics: Court, In vitro fertilisation, Supreme Court of the United States Pages: 3 (997 words) Published: November 27, 2005
"The Essence of the Epoche"
In the Supreme Court ruling of Davis v. Davis, Justice Daughtrey created an epoche of the law when she, unlike previous judges, based her decision on the recognition of a new category more relevant to the case rather than relying on one previously established. She casts aside conventional thoughts and residual knowledge by declaring the case to present a "question of first impression" which will require the court to act through common law. Although Justice Daughtrey relates other statutes, cases, and constitutions to the case, she refuses to follow any precedent established by similar situations.

Establishing Davis v. Davis to be a case of "first impression" because it lacks a controlling contract or statute, Justice Daughtrey begins to introduce facts regarding the case: Mr. and Mrs. Davis have been married for nine years. Mr. Davis is thirty years of age, and Mrs. Davis is twenty-eight years of age. Together, the couple earns roughly $35,500 annually, with Mr. Davis earning $17,500 and Mrs. Davis earning $18,000. Mrs. Davis is currently a resident of the state of Florida. The couple desired a family, but were deterred by Mrs. Davis's five tubal pregnancies and a surgical treatment that rendered it impossible for her to conceive naturally. Having suffered considerable trauma and pain from attempts to conceive, it was concluded Mrs. Davis's only option to conceive was through in vitro fertilization. In 1985, the couple became familiar with and participated in an in vitro fertilization program. After six failed attempts to conceive through in vitro fertilization, the Davis' suspended their involvement in the program and opted to obtain a child through adoption. When adoption attempts failed, the couple returned to the in vitro fertilization program. In 1988, Mrs. Davis learned of a new cryopreservation program, and, after discussing the information with Mr. Davis, again reentered the program with the intent of producing a child. The...
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