By Wolfgang P. Müller
ISBN-10: 0801450896
ISBN-13: 9780801450891
Somebody who desires to know the way abortion has been taken care of traditionally within the western criminal culture needs to first come to phrases with fairly varied yet interrelated ancient trajectories. On one hand, there's the traditional Judeo-Christian condemnation of prenatal murder as a improper warranting retribution; at the different, there's the juristic definition of "crime" within the smooth experience of the be aware, which exceptional the time period sharply from "sin" and "tort" and used to be tied to the increase of Western jurisprudence. to discover the act of abortion first pointed out as against the law within the West, one has to return to the 12th century, to the universities of ecclesiastical and Roman legislations in medieval Europe.
In this booklet, Wolfgang P. Müller tells the tale of the way abortion got here to be criminalized within the West. As he indicates, criminalization as a special phenomenon and abortion as a self-standing felony classification built in tandem with one another, first being formulated coherently within the 12th century at faculties of legislations and theology in Bologna and Paris. Over the consequent centuries, medieval prosecutors struggled to widen the variety of legal circumstances regarding ladies accused of finishing their undesirable pregnancies. within the method, punishment for abortion went from the world of conscientiously crafted rhetoric by way of ecclesiastical gurus to eventual implementation in perform via clerical and lay judges throughout Latin Christendom. educated by means of felony historical past, ethical theology, literature, and the historical past of drugs, Müller's publication is written with the worries of contemporary readers in brain, therefore bridging the space that will differently divide sleek and medieval sensibilities.
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Additional resources for The criminalization of abortion in the West: its origins
Example text
Exilium dandam (Olomouc, Státní okresní archiv, C. O. 273, fol. ” in both, Bamberg, SB, Jur. 19, fol. 163va; and Vatican, BAV, Pal. lat. 748, fol. 134va). 13. Accursius, Glossa ordinaria ad Dig. v. exilium, printed in Corpus iuris Iustiniani, 6 vols (Lyon: Societas Typographica, 1612), 3:1386. 30 C H A PT E R 1 We do not have to look far for the source inspiring the radical departure of “pre-Azonian” glosses from provisions to be found in Justinian’s normative guidelines. The Corpus iuris civilis does not contain excerpts alluding to the presence of human nature in the unborn, nor does the compilation ever suggest that abortion might be deserving of homicide charges.
SG 15 (1972): 53–85, reprinted in Kuttner, History of Ideas and Doctrines, no. 4. 24 C H A PT E R 1 second and equally fleeting passage (C. 2, q. c. 20), he again suggested that there existed a close correspondence between homicidium and abortion. The text reproduces a rhetorical question originally posed by Pope Stephen VI (886–889). Presuming that someone causing the death of a fetus was called homicida, the pope had speculated, would not he who had killed a one-day-old infant possess even less of an excuse from similar charges?
A third and final passage (c. 10) came from the pen of another patristic writer, Jerome (d. 4 Readers consulting the Decretum for guidance in academic lectures and courtroom activities seem to have met with little difficulty when trying to understand the doctrine of abortion that Gratian had drawn from older church norms. Over the next century, his immediate successors, the decretists, built a strong consensus to the effect that what the author of their textbook had intended by speaking about ensoulment as the necessary prerequisite for charges of homicide was that, before the incriminating act, the aborted fetus had to have acquired human shape.