What I'm arguing is two-fold. First, if you want to find a rationale and justification for a right to bodily autonomy and privacy (among persons, broadly) in the common law, even with its patriarchal bias, you can certainly do so. Second, and more importantly, however, I don't think we should be looking to the common law, where such legal scholarship is based in the historical context of institutional misogyny, sexual priggishnes, racism, and homophobia. You need look no further than India's recent decision on marital rape to see that the common law is a barrier to fair and equal treatment of women today, not just with respect to abortion.