Legal Development of Abortion

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Legal Development of Abortion

This essay traces the development of abortion law in English and American society up to the time of Roe v. Wade in 1973. Beginning with Biblical citations, the essay researches the Early Church Fathers on the issue; the American colonies; developments of the 1800's which caused change, and so on.

Up to the time of the Protestant Reformation, the English society inherited its traditional anti-abortion law from the Church practice of 1500 years standing; which belief began even before Christianity as part of the Old Testament Jewish belief. The Old Testament tells us: "Death was not God's doing, he takes no pleasure in the extinction of the living" (Wis. 1:13). What is willed is life, and in the visible universe everything has been made for man, who is the image of God and the world's crowning glory (Gen. 1:26-28). In the Christian tradition, the Early Church Fathers taught in The Didache, perhaps the first Christian catechism from 70-90AD, the following in chapter 2, verses 1-2: "The second commandment of the teaching: You shall not murder. You shall not commit adultery. You shall not seduce boys. You shall not commit fornication. You shall not steal. You shall not practice magic. You shall not use potions. You shall not procure [an] abortion, nor destroy a newborn child." (Jurgens vol.1,p.2)

The colonies inherited English Common Law and largely operated under it until well into the 19th century. English Common Law forbade abortion. Abortion prior to quickening was a misdemeanor. Abortion after quickening (feeling life) was a felony. This bifid punishment, inherited from earlier ecclesiastic law, stemmed from earlier "knowledge" regarding human reproduction.

In...

... middle of paper ...

...ial state (pre-polled at 60% pro-abortion), voted 63% against abortion. It seemed obvious that most people did not want abortion. But, on January 22, 1973, the U.S. Supreme Court ruled, and abortion was imposed from the top down. (Roe)

WORKS CITED:

Dellapenna,J. The History of Abortion: Technology, Morality, and Law, University of Pittsburgh Law Review, 1979 Quay, Justifiable Abortion-Medical and Legal Foundations, Georgetown Univ., Law Review, 1960-1961

Jurgens, William A. The Faith of the Early Fathers. N.p.: Liturgical Press, 1998.

Roe vs. Wade, U.S. Supreme Court410 U.S. 113, 1973 Doe vs. Bolton, U.S. Supreme Court 410 U.S. 179, 1973

Washington Post April 27, 1981

Women and Abortion, Prospects of Criminal Charges Monograph, American Center for Bioethics, 422 C St., NE, Washington, DC 20002, Spring 1983

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