An analysis of the common law and abortion

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An analysis of the common law and abortion

But if any harm follow — then thou shall give life for life" Ex. According to the Septuagint the term "harm" applied to the fetus and not to the woman, and a distinction is drawn between the abortion of a fetus which has not yet assumed complete shape — for which there is the monetary penalty — and the abortion of a fetus which has assumed complete shape — for which the penalty is "life for life.

Geiger deduces from this the existence of an ancient law according to which contrary to talmudic halakhah the penalty for aborting a fetus of completed shape was death Ha-Mikra ve-Targumav, —1, —4. The talmudic scholars, however, maintained that the word "harm" refers to the woman and not to the fetus, since the scriptural injunction, "He that smiteth a man so that he dieth, shall surely be put to death" Ex.

Epstein-Melamed, ; also Mekh. According to the laws of the ancient East Sumer, Assyria, the Hittitespunishment for inflicting an aborting blow was monetary and sometimes even flagellation, but not death except for one provision in Assyrian law concerning willful abortion, self-inflicted.

An analysis of the common law and abortion

In the Code of Hammurapi no. If the woman should die, he who struck the blow shall be put to death.

An analysis of the common law and abortion

Mishpatim 4 and see Sanh. In the view of R. Ishmael, only a Gentileto whom some of the basic transgressions applied with greater stringency, incurred the death penalty for causing the loss of the fetus Sanh.

Thus abortion, although prohibited, does not constitute murder Tos. By virtue of this Israel went out of bondage" Zohar, Ex.

Thus, "if a woman travails to give birth [and it is feared she may die], one may sever the fetus from her womb and extract it, member by member, for her life takes precedence over his" Oho.

Natural law and abortion essay conclusion

This is the case only as long as the fetus has not emerged into the world, when it is not a life at all and "it may be killed and the mother saved" Rashi and Meiri, Sanh. Even though one is enjoined to save a person who is being pursued, if necessary by killing the pursuer see Penal Lawthe law distinguishes between a fetus which has emerged into the world and a "pursuer," since "she [the mother] is pursued from heaven" Sanh.

In the Codes Some authorities permit abortion only when there is danger to the life of the mother deriving from the fetus "because it is pursuing to kill her" Maim. In the Kovno ghetto, at the time of the Holocaust, the Germans decreed that every Jewish woman falling pregnant shall be killed together with her fetus.

The permissibility of abortion has also been discussed in relation to a pregnancy resulting from a prohibited i. In recent years the question of the permissibility of an abortion has also been raised in cases where there is the fear that birth may be given to a child suffering from a mental or physical defect because of an illness, such as rubeola or measles, contracted by the mother or due to the aftereffects of drugs, such as thalidomide, taken by her.

Unterman, Zweig, in bibliography. An important factor in deciding whether or not an abortion should be permitted is the stage of the pregnancy: Contemporary Authorities Contemporary halakhic authorities adopted a strict approach towards the problem of abortion.

Isser Yehuda Unterman defined the abortion of a fetus as "tantamount to murder," subject to a biblical prohibition. Moses Feinstein adopted a particularly strict approach.Get the latest health news, diet & fitness information, medical research, health care trends and health issues that affect you and your family on The Guttmacher Institute is a primary source for research and policy analysis on abortion in the United States.

In many cases, Guttmacher’s data are more comprehensive than . The goal of Sudoku is to fill in a 9×9 grid with digits so that each column, row, and 3×3 section contain the numbers between 1 to 9. At the beginning of the game, .

Common Law and Constitutionalism in the Abortion Case James R.

History of abortion - Wikipedia

Stoner, Jr. The Supreme Court's abortion decision, Planned Parenthood v. Casey, and the Due Process liberty cases of which it is among the most recent, can be fully understood only by attention to the often-neglected common law dimension of American constitutionalism.

Medical abortions are those induced by abortifacient pharmaceuticals. Medical abortion became an alternative method of abortion with the availability of prostaglandin analogs in the s and the antiprogestogen mifepristone (also known as RU) in the s..

The most common early first-trimester medical abortion regimens use mifepristone in combination with a prostaglandin analog. If you wish to support the TRADITIO Network's Apostolate, click on the box to the left to made a donation easily, securely, and confidentially by bank account or credit card through PayPal.

United States Abortion | Guttmacher Institute