See also:

• ABORTION (from Lat. aboriri, to fail to be born, or perish)

ABORTION (from See also:

• LAT

Lat. aboriri, to fail to be See also:

• BORN, IGNAZ, EDLER VON (1742–1791)

born, or perish)  , in See also:

• OBSTETRICS

obstetrics, the premature separation and See also:

• EXPULSION (Lat. expulsio, from expellere)

expulsion of the contents of the pregnant uterus . It is a See also:

• COMMON

common terminology to See also:

• CALL (from Anglo-Saxon ceallian, a common Teutonic word, cf. Dutch kallen, to talk or chatter)

call premature labour of an accidental type a "See also:

• MISCARRIAGE

miscarriage," in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to distinguish `.` See also:

• ABORTION (from Lat. aboriri, to fail to be born, or perish)

abortion" as a deliberately induced See also:

• ACT (Lat. actus, actum)

act, whether as a medical See also:

• NECESSITY (Lat. necessitas)

necessity by the accoucheur, or as a criminal proceeding (see MEDICAL See also:

• JURISPRUDENCE (Lat. jurisprudenlia, knowledge of law, from jus, right, and prudentia, from providere, to foresee)
• JURISPRUDENCE, COMPARATIVE

JURISPRUDENCE) ; otherwise the See also:

• TERM

term "abortion" would ordinarily be used when occurring before the eighth See also:

• MONTH
• MONTH (a common Teutonic word, cf. Ger. Mond, Du. maand, Dan. maaned, &c., and cognate with Lat. mensis, Gr. µi7v, &c., in other branches of the Indo-Germanic family; all ultimately from the root seen in the word for the moon in nearly all those languages

month of gestation, and "premature labour" subsequently . As- an See also:

• ACCIDENT
• ACCIDENT (from Lat. accidere, to happen)

accident of pregnancy, it is far from uncommon, although its relative frequency,, as compared with that of completed gestation, has been very differently estimated by accoucheurs . It is more liable to occur in the earlier than in the later months of pregnancy, and it would also appear to occur more readily at the periods corresponding to those of the menstrual See also:

• DISCHARGE (adapted from the O. Fr. discharge, modern decharge, from a med. Lat. discargare, to unload, dis- and earn care, to load, cf. " charge ")

discharge . It may be induced by numerous causes, both of a See also:

• LOCAL

local and See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general nature . Malformations of the See also:

• PELVIS (Lat. for " basin," cf. Gr. 7rEX?a )

pelvis, accidental injuries and the diseases and displacements to which the uterus is liable, on the one See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand; and, on the other, various morbid conditions of the ovum or See also:

• PLACENTA (Lat. for a cake)

placenta leading to the See also:

• DEATH

death of the foetus, are among the See also:

• DIRECT

direct local causes . The general causes embrace certain states of the See also:

• SYSTEM

system which are See also:

• APT

apt to exercise a more or less direct See also:

• INFLUENCE (Late Lat. influentia, from influere, to flow in)

influence upon the progress of utero-gestation . The tendency to recurrence in persons who have previously miscarried is well known, and should ever be See also:

• BORNE, KARL LUDWIG (1786–1837)

borne in mind with the view of avoiding any cause likely to See also:

• LEAD
• LEAD (pronounced iced)

lead to a repetition of the accident . Abortion resembles See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary labour in its general phenomena, excepting that in the former hemorrhage often to a large extent forms one of the leading symptoms . The treatment embraces the means to be used by See also:

• REST (O. Eng. rest, reste, bed, cognate with other Teutonic forms, e.g. Ger. Rast, Riiste, rest, and probably Gothic Rasta, league, i.e. resting or stopping place)

rest, astringents and sedatives, to prevent the occurrence when it merely threatens; or when, on the contrary, it is inevitable, to accomplish as speedily as possible the See also:

• COMPLETE

complete removal of the entire contents of the uterus . Among See also:

• PRIMITIVE

primitive See also:

• SAVAGE
• SAVAGE, MINOT JUDSON (1841– )
• SAVAGE, RICHARD (d. 1743)

savage races abortion is practised to a far less extent than See also:

• INFANTICIDE

infanticide (q.v.), which offers a simpler way of getting rid of inconvenient progeny . But it is common among the See also:

• AMERICAN

American See also:

• INDIANS, NORTH AMERICAN

Indians, as well as in See also:

• CHINA

China, See also:

• CAMBODIA

Cambodia and See also:

• INDIA
• INDIA, FRENCH

India, although throughout See also:

• ASIA

Asia it is generally contrary both to See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law and See also:

• RELIGION
• RELIGION, FOLKLORE, CUSTOM

religion .

How far it was considered a See also:

• CRIME (Lat. crimen, accusation)

crime among the civilized nations of antiquity has See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long been debated . Those who maintain the impunity of the practice rely for their authority upon certain passages in the classical authors, which, while bitterly lamenting the frequency of this enormity, yet never allude to any See also:

• LAWS

laws by which it might be suppressed . For ex-ample, in one of See also:

• PLATO

Plato's dialogues (Theaet.), See also:

• SOCRATES

Socrates is made to speak of artificial abortion as a practice, not only common but allowable; and Plato himself authorizes it in his See also:

• REPUBLIC (Lat. respublica, a commonweal or common-wealth)

Republic (See also:

• LIB

lib. v.) . See also:

• ARISTOTLE
• ARISTOTLE (384-322 B.C.)

Aristotle (Polit. lib. vii. c . 17) gives it as his See also:

• OPINION (Lat. opinio, from opinari, to think)

opinion that no See also:

• CHILD
• CHILD, FRANCIS JAMES (1825-1896)
• CHILD, L
• CHILD, LYDIA MARIA (1802-1880)
• CHILD, SIR FRANCIS (1642-1713)
• CHILD, SIR JOHN (d. 1690)
• CHILD, SIR JOSIAH (163o - 1699)

child ought to be suffered to come into the See also:

• WORLD

world, the See also:

• MOTHER

mother being above See also:

• FORTY

forty or the See also:

• FATHER

father above fifty-five years of See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age . See also:

• LYSIAS

Lysias maintained, in one of his pleadings quoted by See also:

• HARPOCRATION, VALERIUS

Harpocration, that forced abortion could not be considered See also:

• HOMICIDE (Lat. homicidium)

homicide, because a child in utero was not an See also:

• ANIMAL
• ANIMAL (Lat. animalis, from anima, breath, soul)

animal, and had no See also:

• SEPARATE

separate existence . Among the See also:

• ROMANS
• ROMANS, EPISTLE TO THE

Romans, See also:

• OVID [PUBLIUS OvID1us NASO] (43 B.C.–A.D. 17)

Ovid (Amor. lib. ii.), See also:

• JUVENAL (DECIMUS JUNIUS JUVENALIS) (c. 60-140)

Juvenal (Sat. vi . 594) and See also:

• SENECA

Seneca (Consol. ad See also:

• HEL, or HELA

Hel. r6) mention the frequency of the offence, but maintain silence as to any laws for punishing it . On the other hand, it is argued that the authority of See also:

• GALEN (or GALENUS), CLAUDIUS
• GALEN, CHRISTOPH BERNHARD, FREIHERR VON (16o6-1678)

Galen and See also:

• CICERO

Cicero (See also:

• PRO

pro Cluentio) See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place it beyond a doubt that, so far from being allowed to pass with impunity, the offence in question was sometimes punished by death; that the authority of Lysias is of doubtful authenticity; and that the speculative reasonings of Plato and Aristotle, in matters of legislation, ought not to be confounded with the actual See also:

• STATE
• STATE, GREAT OFFICERS OF

state of the laws . Moreover, See also:

• STOBAEUS, JOANNES

Stobaeus (Serm . 73) has preserved a passage from Musonius, in which that philosopher expressly states that the See also:

• ANCIENT
• ANCIENT (also spelt ANTIENT; derived, through the Fr. ancien, old, from the late Lat. antianum, from ante, before)

ancient law-givers inflicted punishments on See also:

• FEMALES

females who caused themselves to abort . After the spread of See also:

• CHRISTIANITY

Christianity among the Romans, however, foeticide became equally criminal with the See also:

• MURDER

murder of an adult, and the See also:

• BARBARIAN (Gr. fap/3apos)

barbarian hordes which afterwards overran the See also:

• EMPIRE

empire also treated the offence as a crime punishable with death .

This severe See also:

• PENALTY (Lat. poena, punishment)

penalty remained in force in all the countries of See also:

• EUROPE

Europe until the See also:

• MIDDLE

Middle Ages . With the See also:

• GRADUAL (Med. Lat. gradualis, of or belonging to steps or degrees; gradus, step)

gradual disuse of the old barbarous punishments so universal in See also:

• MEDIEVAL

medieval times came also a reversal of opinion as to the magnitude of the crime involved in killing a child not yet See also:

• BORN, IGNAZ, EDLER VON (1742–1791)

born . But the exact See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period of transition is not clearly marked . In See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England the Anglo-See also:

• SAXONS

Saxons seem to have regarded abortion only as an ecclesiastical offence . See also:

• SIR

Sir See also:

• MATTHEW, GOSPEL OF ST
• MATTHEW, ST (MaOOaior or MarOaIos, probably a shortened form of the Hebrew equivalent to Theodorus)
• MATTHEW, TOBIAS

Matthew See also:

• HALE, EDWARD EVERETT (1822-1909)
• HALE, HORATIO (1817–1896)
• HALE, JOHN PARKER (1806–1873)
• HALE, NATHAN (1756-1776)
• HALE, SIR MATTHEW (1609-1676)
• HALE, WILLIAM GARDNER (1849- )

Hale (16o9–1676) tells us that if anything is done to "a woman See also:

• QUICK

quick or See also:

• GREAT

great with child, to make an abortion, or whereby the child within her is killed, it is not murder or See also:

• MANSLAUGHTER (0. Eng., mannslaeht, from mann, man, and slaeht, act of slaying, sledn, to slay, properly to smite; cf. Ger. schlagen, Schlacht, battle)

manslaughter by the law of England, because it is not yet in rerum natura." But the common law appears, nevertheless, to have treated as a mis-demeanour any See also:

• ATTEMPT (Lat. adtemptare, attentare, to try)

attempt to effect the destruction of such an See also:

• INFANT (in early forms enfaunt, enfant, through the Fr. enfant, from Lat. infans, in, not, and fans, the present participle of fari, to speak)

infant, though unsuccessful . See also:

• BLACKSTONE, SIR WILLIAM (1723-1780)

Blackstone (1723–1780), to be sure, a See also:

• HUNDRED

hundred years later, says that, " if a woman is quick with child, and by See also:

• POISON

poison or otherwise killeth it in her womb, or if any one See also:

• BEAT (a word common in various forms to the Teutonic languages; it is connected with the similar Romanic words derived from the Late Lat. battere)

beat her, whereby the child dieth in her See also:

• BODY

body, and she is delivered of a dead child, this, though not murder, was, by the ancient law, homicide or manslaughter." Whatever may have been the exact view taken by the common law, the offence was made statutory by an act of 1803, making the attempt to cause the miscarriage of a woman, not being, or not being proved, to be quick with child, a See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony, punishable with See also:

• FINE

fine, imprisonment, See also:

• WHIPPING, or FLOGGING

whipping or transportation for any term not exceeding fourteen years . Should the woman have proved to have quickened, the attempt was punishable with death . The provisions of this See also:

• STATUTE

statute were re-enacted in 1828 . The See also:

• ENGLISH

English law on the subject is now governed by the Offences against the See also:

• PERSON, OFFENCES AGAINST THE

Person Act 1861, which makes the attempting to cause miscarriage by administering poison or other noxious thing, or unlawfully using any See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument equally a felony, whether the woman be, or be not, with child . No distinction is now made as to whether the foetus is or is not alive, legislation appearing to make the offence statutory with the See also:

• OBJECT

object of prohibiting any See also:

• RISK

risk to the See also:

• LIFE

life of the mother . If a woman ad-ministers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means to procure her own miscarriage, she is guilty of felony . The See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment for the offence is penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude for life or not less than three years, or imprisonment for not more than two years .

If a child is born alive, but in consequence of its premature See also:

• BIRTH (a word common in various forms to Teutonic languages from the root of the verb " to bear ")

birth, or of the means employed, afterwards See also:

• DIES, CHRISTOPH ALBERT (1755-1822)

dies, the offence is murder; the general law as to accessories applies to the offence . In all the countries of Europe the causing of abortion is now punishable with more or less lengthy terms of imprisonment . Indeed, the tendency in See also:

• CONTINENTAL

continental Europe is to regard the abortion as a crime against the unborn child, and several codes (notably that of the See also:

• GERMAN
• GERMAN, DUTCH AND SCANDINAVIAN

German Empire) expressly recognize the life of the foetus, while others make the penalty more severe if abortion has been caused in the later stages of pregnancy, or if the woman is married . According to the See also:

• WEIGHT

weight of authority in the See also:

• UNITED

United States abortion was not regarded as a punishable offence at common law, if the abortion was produced with the consent of the mother See also:

• PRIOR (from Lat. prior—former, and hence superior, through O. Fr. priour)
• PRIOR, MATTHEW (1664-1721)

prior to the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time when she became quick with child; but the Supreme Courts of See also:

• PENNSYLVANIA
• PENNSYLVANIA, UNIVERSITY OF

Pennsylvania and See also:

• NORTH
• NORTH, BARONS
• NORTH, MARIANNE (1830—1890)
• NORTH, ROGER (1653-1734)
• NORTH, SIR THOMAS (1535?-16o1?)

North Carolina held it a crime at common law, which might be committed as soon as gestation had begun (See also:

• MILLS, JOHN (d. 1736)
• MILLS, ROGER QUARLES (1832– )

Mills v . Com . 13 Pa . St . 63o; State v . Slagle, 83 N.C . 63o) . The attempt is a punishable offence in several states, but not in See also:

• OHIO

Ohio . Nor was it ever murder at common law to take the life of the child at any period of gestation, even in the very act of delivery (See also:

• MITCHELL
• MITCHELL, DONALD GRANT (1822—1908)
• MITCHELL, MARIA (1818—1889)
• MITCHELL, SILAS WEIR (1830-)
• MITCHELL, SIR THOMAS LIVINGSTONE (1792-1855)

Mitchell v .

See also:

• CORN (a common Teutonic word; cf. Lat. granum, seed, grain)
• CORN (fromm Lat. corms, horn)

Corn . 78 Ky . 204) . If the death of the woman results it is murder at common law (Corm v . See also:

• PARKER, JOHN HENRY (1806-1884)
• PARKER, JOSEPH (183o-1902)
• PARKER, MARTIN (c. 1600-c. 1656)
• PARKER, MATTHEW (1504-1575)
• PARKER, SAMUEL (164o-1688)
• PARKER, SIR GILBERT (1862— )
• PARKER, SIR HYDE, BART
• PARKER, THEODORE (1810-186o)

Parker, 9 Met . [See also:

• MASS (O.E. maesse; Fr. messe; Ger. Messe; Ital. messa; from eccl. Lat. missa)
• MASS, IN

Mass.] 263) . It is now a statutory offence in all states of the See also:

• UNION
• UNION (known locally as Union Hill and officially as Town of Union)

Union, but the woman must be actually pregnant . In most states not only is the person who causes the abortion punishable, but also any one who sup-plies any See also:

• DRUG
• DRUG (from Fr. drogue, a word common in Romance languages, cf. Span. and Ital. droga; the origin of the word is obscure, but may possibly be connected with Dutch droog, dry)

drug or instrument for the purpose . The woman, however, is not an See also:

• ACCOMPLICE (from Fr. complice, conspirator, Lat. complex, a sharer, associate, complicare, to fold together; the ac- is possibly due to confusion with " accomplish," to complete, Lat. complere, to fill up)

accomplice (except by statute as in Ohio, State v . M'Coy, 39 N.E . 316), nor is she guilty of any crime unless by statute as in New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York (Penal See also:

• CODE (Lat. codex)

Code, § 295) and See also:

• CALIFORNIA
• CALIFORNIA, LOWER (Baja California)
• CALIFORNIA, UNIVERSITY OF

California (Penal Code, § 275) and See also:

• CONNECTICUT

Connecticut (Gen . Stats .

1902, § 1156) . She may be a See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness, and her testimony does not need corroboration . The attempt is also a crime in New York (1905, See also:

• PEOPLE

People v . See also:

• CONRAD (d. 955)
• CONRAD, JOSEPH (1856– )
• CONRAD, or KONRAD (M. H. Ger. Kuonrdl, i.e. " keen in counsel," Lat. Conradus, It. Corrado, cf. the A.S. Ccenred)

Conrad, 102 App . D . 566) . in Criminal Cases (1900) ; See also:

• ROSCOE, WILLIAM (1753—1831)

Roscoe's See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

Evidence in Criminal Cases (1898) ; Treub, See also:

• VAN

van Oppenraag and Vlaming, The Right to Life of the Unborn Child (New York, 1903) ; L . Hochheimer, Crimes and Criminal See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

Procedure (New York, 1897) ; A . A . Tardieu, Etude medico-legal sur t'avortement (See also:

• PARIS
• PARIS (also called ALEXANDROS)
• PARIS, ALEXIS PAULIN (1800-x881)
• PARIS, BRUNO PAULIN GASTON (1839-1903)
• PARIS, FRANCOIS DE (169o-1727)
• PARIS, LOUIS PHILIPPE ALBERT
• PARIS, TREATIES OF (1814-1815)

Paris, 1904) ; F . Berolzheimer, System der Rechts- and Wissenschaftsphilosophie (See also:

• MUNICH (Ger. Munchen)

Munich, 1904) .