Legal Development of Abortion

1311 Words3 Pages
bulb-icon

Recommended: How federalism relates to abortion

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

Show More
Related

  • A Case Against Warren and Abortion

    1103 Words  | 3 Pages

    Works Cited Warren, Mary Anne. On the Moral and Legal Status of Abortion. Trans. Array Exploring Ethics: An Introductory Anthology. . 2 nd.

    Read More

  • Wrongful Conception

    2025 Words  | 5 Pages

    Williams, J. (2010, Nov. 23). Wrongful life and abortion. Retrieved on January 23, 2012, from http://www.springerlink.com/content/q69145g545q13hg5/

    Read More

  • History of Abortion

    524 Words  | 2 Pages

    Ever since the Roe v. Wade Supreme Court decision in 1973, abortion has changed its course in society. With the new decision made by the United States, abortion is now legal. Many abortions were performed before the Supreme Court decision, but the settlement made it less risky for the doctors involved. Abortion has caused society to be divided between a pro-choice group and pro-life group. Two groups with struggles that will never end.

    Read More

  • Roe Vs. Wade

    907 Words  | 2 Pages

    The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)

    Read More

  • A Critique of On the Moral and Legal Status of Abortion, by Mary Anne Warren

    1015 Words  | 3 Pages

    Warren, Mary Anne , and Mappes and D. DeGrazia. "On the Moral and Legal Status of Abortion." Biomedical Ethics 4th (1996): 434-440. Print.

    Read More

  • Late-Term Abortion is Wrong

    675 Words  | 2 Pages

    Hinman, Lawrence. “Abortion: A Guide to the Ethical Issues.” May 13, 2010. University of San

    Read More

  • The Reproductive Right Debate

    2552 Words  | 6 Pages

    Until the mid 1800s, abortion was unrestricted and unregulated in the United States. The justifications for criminalizing it varied from state to state. One big reason was population control, which addressed fears that the population would be dominated by the children of newly ...

    Read More

  • Philosophy and the Morality of Abortion

    1931 Words  | 4 Pages

    Warren, M. A. (1973) 'On the Moral and Legal Status of Abortion', Monist, vol. 57, no. 1.

    Read More

  • Roe v Wade

    2188 Words  | 5 Pages

    Palmer, Gary. “Roe V. Wade Exposed. 22 Jan. 2003. Alabama Policy Institute. 31 July      2004. < http://www.alabamapolicyinstitute.org/gary-2003-1-22.html>.

    Read More

  • Pre 1914 Love Poetry from the Victorian and Elizabethan Era

    3576 Words  | 8 Pages

    she hurt the knight in the process of her fun and games. At the time

    Read More

  • Dating Violence Essay

    2838 Words  | 6 Pages

    Teen violence could be prevented, with proper parenting. Low self-esteem is the leading reasons for becoming a teen violence target. As we know each relationship is unique in his own way, there are a few normal situations that can be an issue to teen dating violence. Most cases the abuser may have once been a victim or witnessed domestic violence themselves, situations that could impact this type of behavior, the abuser could have been raised with strict views on masculinity roles or they could have develop a level of anger management due to witnessed her mother being abused by their father.

    Read More

  • Abortion, Public Policy, & Texas

    1028 Words  | 3 Pages

    Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.

    Read More

  • Dating Violence

    1479 Words  | 3 Pages

    IntroductionIn recent history, dating violence has become a paramount issue in American society. With the rates of domestic violence on the rise, much research has been conducted that provides evidence that violence during dating relationships in the teen years is a strong contributing factor to later domestic violence. Current research is revealing that a far larger percentage of teens are suffering from some amount of physical, sexual, or emotional abuse in their dating relationships. Studies have shown that both those who engage in the violent behaviors, as well as those who are the victims of these acts are more likely to be involved in violent relationships in the future. The significant number of individuals involved in these behaviors during these teen years makes a great deal of implications on the roles of counselors in multiple specialties. Dating ViolenceIn order for counselors and other individuals who are involved in the lives of adolescents to be able to identify those who are suffering from dating violence, it is first key that they have an understanding of what is defined as dating violence. Dating violence is the “perception or threat of an act of violence by at least one member of an unmarried couple within the context of a dating or courtship relationship (Glass, 2003).” This type of violence can occur in three different forms: physical (hitting, pinching, shoving, or kicking), emotional (threatening, name calling, teasing, bullying or keeping away from friends of family members), or sexual (forcing partner to engage in sexual act) (CDC, 2008). Seimer and colleagues describe the process of dating violence as “a cycle of violence (Seimer, 2004).” The goal of this cycle is the exertion of power and control over t...

    Read More

  • Dating Violence Essay

    2743 Words  | 6 Pages

    We experience countless of events, actions that can shape our behavior and personality. Those experiences affect our critical thinking and the outlook of our lives. Some events can lead to positive aspect in our lives and lead to great opportunities. However, traumatic events such as teen dating violence can mentally scarred the victim for life. This leads to the question about the meaning of teen dating violence. Dating violence is the abuse of one partner in the relationship by another partner. Dating violence can range from physical abuse, mental abuse, digital abuse and/or sexual abuse. Physical abuse can be pushing, punching, shoving, choking etc. Mental abuse can be insulting one’s self-worth, manipulations, harassing, threatening, limit restriction of one can or cannot do etc. Digital abuse is the use of technologies or/and social media to take control over your partner. Those abuse can range from demanding passwords, sexting without consent, checking cell-phones, cyberbullying etc. Sexual abuse is forcing a partner to engage in sexual act without

    Read More

  • The Victorian Period And Modernist Poetry In The Victorian Era

    1017 Words  | 3 Pages

    The Victorian Era began in 1837, when Victoria became Queen, and this era ended around her death on January 22, 1901. This was a great era, because it brought peace and prosperity to Britain. The Victorian Era brought a rapid change and developments in nearly all aspects. This era brought many new writers and many different styles of writing. This era brought great writers like William Blake, Lord Byron, and John Keats. Victorian Era poetry was a mix between the Romantic period and Modernist poetry. This era brought us some of the greatest pieces of literature ever, with its mix of different styles of writing and great writers. The Victorian Era is definitely one of the greatest literary era’s of all time.

    Read More

More about Legal Development of Abortion

Open Document