The Criminalization Of Abortion In The West

Author: Wolfgang P. Müller
Publisher: Cornell University Press
ISBN: 0801464625
Size: 24.40 MB
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Anyone who wants to understand how abortion has been treated historically in the western legal tradition must first come to terms with two quite different but interrelated historical trajectories. On one hand, there is the ancient Judeo-Christian condemnation of prenatal homicide as a wrong warranting retribution; on the other, there is the juristic definition of "crime" in the modern sense of the word, which distinguished the term sharply from "sin" and “tort” and was tied to the rise of Western jurisprudence. To find the act of abortion first identified as a crime in the West, one has to go back to the twelfth century, to the schools of ecclesiastical and Roman law in medieval Europe. In this book, Wolfgang P. Müller tells the story of how abortion came to be criminalized in the West. As he shows, criminalization as a distinct phenomenon and abortion as a self-standing criminal category developed in tandem with each other, first being formulated coherently in the twelfth century at schools of law and theology in Bologna and Paris. Over the ensuing centuries, medieval prosecutors struggled to widen the range of criminal cases involving women accused of ending their unwanted pregnancies. In the process, punishment for abortion went from the realm of carefully crafted rhetoric by ecclesiastical authorities to eventual implementation in practice by clerical and lay judges across Latin Christendom. Informed by legal history, moral theology, literature, and the history of medicine, Müller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.

Peasant And Empire In Christian North Africa

Author: Leslie Dossey
Publisher: Univ of California Press
ISBN: 0520254392
Size: 20.77 MB
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This remarkable history foregrounds the most marginal sector of the Roman population, the provincial peasantry, to paint a fascinating new picture of peasant society. Making use of detailed archaeological and textual evidence, Leslie Dossey examines the peasantry in relation to the upper classes in Christian North Africa, tracing that region's social and cultural history from the Punic times to the eve of the Islamic conquest. She demonstrates that during the period when Christianity was spreading to both city and countryside in North Africa, a convergence of economic interests narrowed the gap between the rustici and the urbani, creating a consumer revolution of sorts among the peasants. Previous scholars have viewed the apparent radicalization of the late antique peasant as a barometer of economic collapse and social unrest. By contrast, this book adopts a postcolonial perspective that points to the empowerment of the North African peasants and gives voice to lower social classes across the Roman world.

Infanticide And Abortion In Early Modern Germany

Author: Margaret Brannan Lewis
Publisher: Routledge
ISBN: 1317221508
Size: 43.30 MB
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This book is the first work to look at the full range of three centuries of the early modern period in regards to infanticide and abortion, a period in which both practices were regarded equally as criminal acts. Faced with dire consequences if they were found pregnant or if they bore illegitimate children, many unmarried women were left with little choice. Some of these unfortunate women turned to infanticide and abortion as the way out of their difficult situation. This book explores the legal, social, cultural, and religious causes of infanticide and abortion in the early modern period, as well as the societal reactions to them. It examines how perceptions of these actions taken by desperate women changed over three hundred years and as early modern society became obsessed with a supposed plague of murderous mothers, resulting in heated debates, elaborate public executions, and a media frenzy. Finally, this book explores how the prosecution of infanticide and abortion eventually helped lead to major social and legal reformations during the age of the Enlightenment.

Catholicism And Historical Narrative

Author: Kevin Schmiesing
Publisher: Scarecrow Press
ISBN: 0810888580
Size: 44.49 MB
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In this volume, Catholicism and Historical Narrative: A Catholic Engagement with Historical Scholarship, Editor Kevin Schmiesing has gathered a distinguished group of scholars who, in various ways, call into question conventional story lines by highlighting previously neglected Catholic ideas and individuals. Built on ample evidence and employing keen insight, each essay is the result of cutting-edge research in fields ranging from historical research on Puritan New England and the antebellum South to the history of abortion to the twentieth-century papacy.

Sex And The Constitution Sex Religion And Law From America S Origins To The Twenty First Century

Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Size: 28.93 MB
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There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Quintilian And The Law

Author: Olga Eveline Tellegen-Couperus
Publisher: Leuven University Press
ISBN: 9789058673015
Size: 78.27 MB
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The art of persuasion, as practised today in political debate as well as in the courts of law, has been developed in the rhetorical tradition, but its authors have disappeared from view. One of them was Quintilian, who wrote his Institutio oratoria at the end of the first century AD. This book is special because it contains one of the fullest surveys of rhetorical insights ever written and because it has come down to us in its entirety. Quintilian's rhetorical system has been used in teaching rhetoric at universities since the Middle Ages. The purpose of 'Quintilian and the Law' is to reintroduce Quintilian's Institutio oratoria to modern readers, and to show that the topics discussed in it are still very much alive today. To that end, modern experts of law and rhetoric present their views on the Institutio oratoria, each dealing with one of the twelve books of which it consists. The authors were free to choose their own way of working, so that some books are described in their entirety, others are discussed from one particular point of view, and others still are treated only with regard to a particular section. In Roman times, the shortest way to a political career was by working in the law courts. There, one could acquire a reputation for having a thorough knowledge of the law and for being able to speak well in public. In his Institutio oratoria, Quintilian not only formulated important insights in juridical argumentation, in the art of speech-writing, and in the performative aspects of advocacy, he also discussed the ethical problems involved. Because Quintilian larded his instructions with numerous examples from practice, his book takes us back into the Roman law courts and helps us experience their exciting atmosphere. The essays in this book reflect the wide range of subjects discussed by Quintilian. They deal with (one of) six themes: (1) the ideal orator in a historical perspective, (2) his education, (3) rhetoric and communication, (4) argumentation, (5) Roman law in the Institutio oratoria, and (6) emotions in the courtroom. However, in honour of its author, they are arranged in the order of the Institutio oratoria.

The Medieval Origins Of The Legal Profession

Author: James A. Brundage
Publisher: ReadHowYouWant.com
ISBN: 1459605802
Size: 76.42 MB
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In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe seven hundred years later during the 1230s when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. James Brundage's The Medieval Origins of the Legal Profession traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, Brundage argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. Brundage demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. A sweeping examination of the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict, The Medieval Origins of the Legal Profession will be a resource for the professional and the student alike.

The Oxford Handbook Of Comparative Constitutional Law

Author: Michel Rosenfeld
Publisher: OUP Oxford
ISBN: 0191640174
Size: 77.63 MB
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Without Apology

Author: Shannon Stettner
Publisher: Athabasca University Press
ISBN: 1771991593
Size: 61.40 MB
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Until the late 1960s, the authorities on abortion were for the most part men—politicians, clergy, lawyers, physicians, all of whom had an interest in regulating women’s bodies. Even today, when we hear women speak publicly about abortion, the voices are usually those of the leaders of women’s and abortion rights organizations, women who hold political office, and, on occasion, female physicians. We also hear quite frequently from spokeswomen for anti-abortion groups. Rarely, however, do we hear the voices of ordinary women—women whose lives have been in some way touched by abortion. Their thoughts typically owe more to human circumstance than to ideology, and without them, we run the risk of thinking and talking about the issue of abortion only in the abstract. Without Apology seeks to address this issue by gathering the voices of activists, feminists, and scholars as well as abortion providers and clinic support staff alongside the stories of women whose experience with abortion is more personal. With the particular aim of moving beyond the polarizing rhetoric that has characterized the issue of abortion and reproductive justice for so long, Without Apology is an engrossing and arresting account that will promote both reflection and discussion.