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Encyclopedia > History of abortion law

The history of abortion law dates back to ancient times and has impacted men and women in a variety of ways in different times and places. Historically, it is unclear how often the ethics of abortion (induced abortion) was discussed, but under Christian influence the West generally frowned on abortion. By the late 19th century many nations had passed laws that banned abortion. In the later half of the 20th century some nations began to legalize abortion. This controversial subject has sparked heated debate and in some cases even violence. As a noun, Christian is an appellation and moniker deriving from the appellation Christ, which many people associate exclusively with Jesus of Nazareth. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999 in the...

Contents


Ancient (Prior to 476AD)

There is anthropological evidence that abortion has been practiced beginning in ancient times. Some previous civilizations are thought to have tolerated even late-term abortions. For other uses of the word ancient, see Ancient (disambiguation). ... The word civilization (or civilisation) has a variety of meanings related to human society. ...


There were also opposing voices, most notably Hippocrates of Cos and the Roman Emperor Augustus. In contrast to their pagan evironment, Christians generally shunned abortion, drawing upon the Bible and early Christian writings such as the Didache (circa 100 A.D.), which says: "... thou shalt not murder a child by abortion nor kill the infant already born." [1] Saint Augustine refers to Exodus when he says that abortion is murder: Hippocrates: a conventionalized image in a Roman portrait bust (19th century engraving) Hippocrates of Cos (c. ... For other uses, see Roman Empire (disambiguation). ... Bronze statue of Augustus, Archaeological Museum, Athens Caesar Augustus (Latin:Imperator Caesari Divi Filius Augustus) ¹ (23 September 63 BC – 19 August AD 14), known to modern historians as Octavian for the period of his life prior to 27 BC, is considered the first and one of the most important Roman...

  • "And if men strive together, and hurt a pregnant woman, so that her fruit [children] come out, and yet no harm follows; the one who hit her shall surely be fined, according as the woman’s husband shall impose upon him; and he shall pay a fine as the judges determine. But if any harm follows, then you shall pay life for life, eye for eye, tooth for tooth." (Bible, Exodus 21:22-23)
  • "The fetus in the womb is . . . an object of God's care," and, "We say that women who induce abortions are murderers, and will have to give account of it to God." (Athenagoras, late 2nd century)
  • "In our case, murder being once for all forbidden, we may not destroy even the fetus in the womb." (Tertullian, late 2nd century)
  • "There are women who . . . [are] committing infanticide before they give birth to the infant." (Minucious Felix, early 3rd century)
  • "Those . . . who give drugs causing abortion are [deliberate murderers] themselves, as well as those receiving the poison which kills the fetus." (Basil, 4th century)
  • "They drink potions to ensure sterility and are guilty of murdering a human being not yet conceived. Some, when they learn that they are with child through sin, practice abortion by the use of drugs. Frequently they die themselves and are brought before the rulers of the lower world guilty of three crimes: suicide, adultery against Christ, and murder of an unborn child." (Jerome, 4th century)
  • "But who is not rather disposed to think that unformed fetuses perish like seeds which have not fructified ... And therefore the following question may be very carefully inquired into and discussed by learned men, though I do not know whether it is in man's power to resolve it: At what time the infant begins to live in the womb: whether life exists in a latent form before it manifests itself in the motions of the living being. To deny that the young who are cut out limb by limb from the womb, lest if they were left there dead the mother should die too, have never been alive, seems too audacious. Now, from the time that a man begins to live, from that time it is possible for him to die. And if he die, wheresoever death may overtake him, I cannot discover on what principle he can be denied an interest in the resurrection of the dead." (Saint Augustine in Enchiridion early 5th century)

St. ...

Pre-industrial

  • 1140 - The monk John Gratian completed the Concordia discordantium canonum (Harmony of Contradictory Laws) which became the first authoritative collection of canon law accepted by the church. In accordance with ancient scholars, it concluded the moral crime of early abortion was not equivalent to that of homicide.
  • c. 1200 - Pope Innocent III wrote that when "quickening" occurred, abortion was homicide. Before that, abortion was considered a less serious sin.
  • 13071803 - According to English common law, abortion prior to fetal movement or "quickening" was not punished.
  • c. 1395 - The Lollards, an English proto-Protestant group, denounce the practice of abortion in The Twelve Conclusions of the Lollards.
  • 1588 - Pope Sixtus V aligned church policy with St. Thomas Aquinas' belief that contraception and abortion were crimes against nature and sins against marriage.
  • 1591 - Pope Gregory XIV decreed that prior to 116 days (~17 weeks), church penalties would not be any stricter than local penalties, which varied from country to country.
  • 18201900 - In the largely protestant U.S., through the efforts primarily of physicians in the American Medical Association and legislators, most abortions in the U.S. were outlawed.
  • 1861 - The British Parliament passes the Offences Against The Person Act, which outlaws abortion.
  • 1869 - Pope Pius IX declared that abortion under any circumstance was gravely immoral, and that anyone who participated in an abortion in any material way had by virtue of that act separated themselves from the church (excommunicated themselves).

Events Henry Jasomirgott was made count palatine of the Rhine. ... A Roman Catholic monk A monk is a person who practices monasticism, adopting a strict religious and ascetic lifestyle, usually in community with others following the same path. ... Franciscus Gratianus, or Johannes Gratianus, known most often simply as Gratian, was a 12th century canon lawyer from Bologna. ... The Decretum Gratiani is a collection of canon law written around 1140 by Gratian. ... In Western culture, canon law is the law of the Roman Catholic and Anglican churches. ... The Roman Catholic Church (commonly known as the Catholic Church) is the Christian Church which is led by the Pope, the Bishop of Rome, currently Pope Benedict XVI. The Roman Catholic Church teaches that it is the one holy catholic and apostolic Church founded by Jesus Christ. ... Events University of Paris receives charter from Philip II of France The Kanem-Bornu Empire was established in northern Africa around the year 1200 Mongol victory over Northern China — 30,000,000 killed Births Al-Abhari, Persian philosopher and mathematician (died 1265) Ulrich von Liechtenstein, German nobleman and poet (died... Innocent III, born Lotario de Conti di Segni (Gavignano, near Anagni, ca. ... Homicide is the killing of another human being by one or more others. ... Events July - The Knights Hospitaller begin their conquest of Rhodes. ... 1803 was a common year starting on Saturday (see link for calendar). ... Events End of reign of Hungary by Capet-Anjou family. ... Lollardy or Lollardry was the political and religious movement of the Lollards in late 14th century and early 15th century England. ... The Twelve Conclusions of the Lollards are preserved in their original English form (other Latin summaries survive) in Roger Dymoks Against the Twelve Heresies of the Lollards, an elaborate refutation of each of the heresies, written in 1396-97 for Richard II. The original conclusions were presented to parliament... 1588 was a leap year starting on Friday of the Gregorian calendar or a leap year starting on Monday of the Julian calendar. ... Sixtus V, born Felice Peretti (December 13, 1521 -– August 27, 1590) was pope from 1585 to 1590. ... The Roman Catholic Church (commonly known as the Catholic Church) is the Christian Church which is led by the Pope, the Bishop of Rome, currently Pope Benedict XVI. The Roman Catholic Church teaches that it is the one holy catholic and apostolic Church founded by Jesus Christ. ... Saint Thomas Aquinas (1225 - March 7, 1274) was a Catholic philosopher and theologian in the scholastic tradition, who gave birth to the Thomistic school of philosophy, which was long the primary philosophical approach of the Roman Catholic Church. ... The deepest visible-light image of the universe, the Hubble Ultra Deep Field. ... The examples and perspective in this article may not represent a worldwide view. ... Events June - Capture of Zutphen by the Dutch under Maurice of Nassau. ... Gregory XIV, né Niccolò Sfondrati (February 11, 1535 – October 16, 1591) was Pope from December 5, 1590 – October 16, 1591. ... 1820 was a leap year starting on Saturday (see link for calendar). ... 1900 (MCM) was an exceptional common year starting on Monday. ... The American Medical Association (AMA) is the largest association of medical doctors in the United States. ... 1861 is a common year starting on Tuesday. ... The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... 1869 (MDCCCLXIX) is a common year starting on Friday (link will take you to calendar) of the Gregorian calendar or a common year starting on Sunday of the 12-day-slower Julian calendar. ... Blessed Pope Pius IX, born Giovanni Maria Mastai Ferretti (May 13, 1792 – February 7, 1878), was pope for a record pontificate (not counting the Apostle St. ...

Post-industrial

1920 (MCMXX) was a leap year starting on Thursday (link will take you to calendar) // Events January January 7 - Forces of Russian White admiral Kolchak surrender in Krasnoyarsk. ... (help· info) IPA: (Влади́мир Ильи́ч Ле́нин), born Ulyanov (Улья́нов) (April 22 [O.S. April 10] 1870 – January 21, 1924), was a Communist revolutionary of Russia, the leader of the Bolshevik party, the first Premier of the Soviet Union, and the main theorist of Leninism, which he described as an adaptation of Marxism to the... 1935 (MCMXXXV) was a common year starting on Tuesday (link will take you to calendar). ... 1936 (MCMXXXVI) was a leap year starting on Wednesday (link will take you to calendar). ... (help· info), in full: Iosif Vissarionovich Stalin (Иосиф Виссарионович Сталин), born Dzhugashvili (Джугашвили), Georgian: Ioseb Jughashvili (იოსებ ჯუღაშვილი); (December 18 [O.S. December 6] 1878 – March 5, 1953) was the leader of the Soviet Union from the mid-1920s to his death in 1953. ... 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... The Commonwealth of Nations, usually known as The Commonwealth, is an association of independent sovereign states, almost all of which are former territories of the British Empire. ... 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... 1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar. ... 1969 (MCMLXIX) was a common year starting on Wednesday For other uses, see Number 1969. ... Official language(s) English Capital Sacramento Largest city Los Angeles Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 3rd 410,000 km² 402. ... Official language(s) English Capital Denver Largest city Denver Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 8th 269 837 km² 451 km 612 km 0. ... 1969 (MCMLXIX) was a common year starting on Wednesday For other uses, see Number 1969. ... 1973 (MCMLXXIII) was a common year starting on Monday (the link is to a full 1973 calendar). ... Chicago (officially named the City of Chicago) is the third largest city in the United States (after New York City and Los Angeles), with an official population of 2,896,016, as of the 2000 census. ... 1970 (MCMLXX) was a common year starting on Thursday (the link is to a full 1970 calendar). ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... An African American (also Afro-American, Black American, American-African) is a member of an ethnic group in the United States whose ancestors, usually in predominant part, were indigenous to Africa. ... 1971 (MCMLXXI) was a common year starting on Friday (the link is to a full 1971 calendar). ... 1973 (MCMLXXIII) was a common year starting on Monday (the link is to a full 1973 calendar). ... The Supreme Court of the United States is the supreme court in the U.S.. As the highest court, it provides the leadership of the judicial branch of the U.S. federal government. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... 1975 (MCMLXXV) was a common year starting on Wednesday (the link is to a full 1975 calendar). ... 1976 (MCMLXXVI) is a leap year starting on Thursday (link will take you to calendar). ... For the album by Ash, see 1977 (album). ... 1978 (MCMLXXVIII in Roman) was a common year starting on Sunday (the link is to a full 1978 calendar). ... 1980 (MCMLXXX in Roman) was a leap year starting on Tuesday. ... This page refers to the year 1979. ... This article or section does not cite its references or sources. ... 1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ... 1988 (MCMLXXXVIII) was a leap year starting on Friday of the Gregorian calendar. ... Mifepristone is a synthetic steroid with anti-progestagenic and anti-glucocorticoid effects. ... 1999 (MCMXCIX) was a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ... Congress in Joint Session. ... Partial-birth abortion (PBA) is a controversial term sometimes used to refer to Intact dilation and extraction (IDX or Intact D&X). The term is not a medical one but is primarily used in public, political, and legal discourse — chiefly regarding the legality of abortion in the United States. ... William Jefferson Bill Clinton (born William Jefferson Blythe III on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... George Walker Bush (born July 6, 1946) is the 43rd and current President of the United States. ... The Supreme Court of the United States is the supreme court in the U.S.. As the highest court, it provides the leadership of the judicial branch of the U.S. federal government. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ...

See also

International status of abortion law Abortion has been a controversial subject throughout history due to the moral and ethical issues that surround it. ... The history of abortion dates back to ancient times and has impacted men and women in a variety of ways in different times and places. ...

References

Secondary sources

  • Critchlow, Donald T. The Politics of Abortion and Birth Control in Historical Perspective (1996)
  • Critchlow, Donald T. Intended Consequences: Birth Control, Abortion, and the Federal Government in Modern America (2001).
  • Garrow, David J. Liberty and Sexuality: The Right to Privacy and the Making of Roe V. Wade (1998)
  • Hull, N.E.H. Roe V. Wade: The Abortion Rights Controversy in American History (2001). Legal history.
  • Mohr, James C. Abortion in America: The Origins and Evolution of National Policy, 1800-1900 (1979)
  • Staggenborg. Suzanne. The Pro-Choice Movement: Organization and Activism in the Abortion Conflict. (1994)

Primary sources

  • Rubin, Eva R. ed. The Abortion Controversy: A Documentary History (1994)
  • Hull, N.E.H. The Abortion Rights Controversy in America: A Legal Reader (2004)
  • Text of the Roe v Wade decision from Findlaw
  • Roe v. Wade, 410 U.S. 113 (1973) (full text with links to cited material)

External links

  • A Brief History of Abortion
  • Histories of Abortion
  • Abortion in Law, History & Religion


 

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