The criminalization of abortion in the West

Více o knize

To understand the historical treatment of abortion in the western legal tradition, one must explore two interrelated trajectories: the ancient Judeo-Christian condemnation of prenatal homicide and the modern juristic definition of "crime." The latter distinguishes "crime" from "sin" and "tort," emerging alongside Western jurisprudence. The criminalization of abortion in the West can be traced back to the twelfth century, specifically to the ecclesiastical and Roman law schools of medieval Europe. Wolfgang P. Müller narrates the journey of how abortion became a criminal act, highlighting that its criminalization developed alongside its recognition as a distinct legal category. This process began in the twelfth century at law and theology schools in Bologna and Paris. Over the centuries, medieval prosecutors sought to expand the range of cases against women accused of terminating unwanted pregnancies. Consequently, the punishment for abortion evolved from ecclesiastical rhetoric to practical enforcement by clerical and lay judges throughout Latin Christendom. Drawing from legal history, moral theology, literature, and medical history, Müller’s work addresses modern readers' concerns, effectively bridging the gap between medieval and contemporary perspectives.