Feticide Laws On A State And National Level Essay

The Queen vs. Davis case concerns the murder trial of Arthur Paul Davis and Alice Davis that occurred in 1875. In it, they were tried and convicted of murder for conducting an abortion; the killing of a fetus and subsequently causing death of the victims, Catherine Laing and Jane Vaughn Gilmour. This essay will examine the historical context of the case, what the trial reveals about the nature of women’s lives in Toronto during the 1870s as subordinate women who are deemed as caretakers and how women managed to end unwanted pregnancies. During the late 19th century ending an unwanted pregnancy was an illegal offence because it was considered unethical to kill a fetus. Women were not able to access safer alternatives such as

Before the premises are argued for, the following assumptions must be made. I will follow the same assumptions that Judith Thompson made in her paper. These assumptions are that a fetus is considered a human and that this argument will exclude the extreme circumstances such as rape. Therefore, this paper will focus solely on consensual sex and the morals of abortion following such intercourse, even in the case of dangers to the mothers’ life.

¨Death Respited for Pregnancy¨ ,women who claimed they were pregnant at the time they were sentenced to death could "plead their belly". Such women (and there were many) were then examined by a jury

Mary Anne Warren (p.195-196) points out the exceptional circumstances of pregnancy; where one human is entirely biologically reliant on another and where it is impossible for complete personhood rights to not be in conflict between the foetus and the mother. Consider the following case. A mother and an expecting mother both express an intent to kill their child or unborn child respectively. Services are available to take the postnatal children from their mother without affecting her body. Yet to protect the foetus, one would have to imprison the mother until birth, or worse, force a caesarean on her. Warren (193) points out that forced caesareans are not merely a hypothetical

It was argued that anti-abortion laws were “the product of a Victorian social concern to discourage illicit sexual conduct” (543). Another reason abortion was previously prohibited was because “the procedure was a hazardous one for the woman” (544). The court pointed out that this was no longer valid or relevant in this day of age. They explained that abortion was now “relatively safe”, and that “mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates of normal childbirth” (544). When abortion is prohibited, women seeking abortions sometimes tend to undergo illegal abortions, which are extremely unsafe. Therefore, the court said, “the state has a legitimate interest in seeing that abortion, like any other medical procedure, is performed under circumstances that insure maximum safety for the patient” (544). When abortion was illegal, the mortality rate for women having abortions was significantly higher than when it was made

Proponents of punishing pregnant women, who put their fetuses at risk, have highlighted some pertinent legal and ethical issues. One is that a viable fetus (fetus after 27 weeks gestation) has certain rights and privileges. They are of the opinion that as soon as the fetus is viable and can survive independently from it mother, it becomes a

If a woman concedes to voluntary sexual intercourse, she has incurred a responsibility to care for the fetus, since she is responsible for its existence and subsequent dependence on her body for sustenance. Consequently, she has a moral obligation to sustain it until birth, an obligation that ought to be legally enforced by proscribing abortions. (Manninen 41)

Abortion has been a controversial subject for centuries across the globe. Although the fetus may not be scientifically a human being, there is budding humanity within it; and hence trying to terminate fetus must be considered as criminal offense of killing a human being. Not many of the world’s population have realized the effects caused by the abortion and its impacts on the society. Abortion is considered to be immoral crime affecting not only the mother but also the family, the community, and most significantly the fetus.

Abortion, the termination of pregnancy before the fetus is capable of independent life, has been practiced since ancient times. With records dating to 1550 BC, it’s no question that abortion techniques have been used throughout the ages as an effective form of birth control. Pregnancies were terminated through a number of methods, including the use of herbs, sharpened instruments, the application of abdominal pressure, and other techniques. In the 19th century, the English Parliament and the American state legislatures prohibited induced abortion to protect women from surgical procedures that were deemed unsafe. However, in 1973, abortion was legalized as a result of the U.S. Supreme Court rule in Roe v. Wade. This ruling made it possible

Abortion continues to make a profound impact on public policies and remains one of the most controversial debate of our time. Though abortion continues to be a debate, it was not always a problematic one. Abortion has been present throughout history dating back to the ancient Egyptians, Greek and Roman. Before abortion became a crime in the 19th century, abortion was a womans choice. “Before abortion became the object of law, it was a subject of everyday life” (Roe v Wade BOOK p. 11). From early civilizations to today, abortion was and may still serve as a form of birth control. It has been observed that through abortion those of upper class avoided “unwanted childbearing and the lower classes used it to limit family size when 1 or more child

Based on the view that the fetus is already a small baby, some extreme anti-abortionists would maintain that abortion is impermissible even to save the mothers life. The rationale behind this view would be that the child is innocent, and killing the child would be active, on the other hand, letting the mother die would be passive. This introduces two new concepts, the first being the mother’s rights in competition to those of the fetus and the second being the question of innocence and how we would define this (Langley).

Even though many people practice pro-life because of their religion, it may be surprising to learn that catholic women are 29% more likely to get an abortion than Protestant women, though they are as likely as all women to do so2. In Christianity abortion has been considered homicide since Pope Sixtus V declared it so, but the debate didn’t become heated until the 19th century1. So even these pro-life supporters sometimes find the circumstances where abortion is necessary. An example of a situation where you may see this is in a given situation where bearing a child and giving birth would kill the mother because of health issues or womb complications the fetus would have. It’s said that the risks of death associated with childbirth is 10 times higher than

Abortion is one of the most controversial topics of all times. The definition most people associate with abortion is the termination of unwanted pregnancy. In their essay, “The Wrong of Abortion”, Patrick Lee and Robert P. George argue that intentional abortion is unjust and therefore objectively immoral no matter the circumstances. Also, they argue that “the burden of carrying the baby is significantly less than the harm the baby would suffer by being killed; the mother and father have a special responsibility to the child; it follows that intentional abortion (even in few cases where the baby’s death is an unintended but foreseen side effect) is unjust ” (24).

One of the most frequently debated topics in bioethics is the morality of abortion, or the ending of a pregnancy without physically giving birth to an infant. Often times abortions are categorized into either spontaneous, a natural miscarriage; induced or intentional, which is premeditated and for any reason; or therapeutic, which albeit intentional, its sole purpose is to save the mother’s life. It seems however that moral conflicts on issue mainly arise when discussing induced abortions. In general, people universally agree it is morally wrong to kill an innocent person and in some people’s eyes induced abortions are the intentional killings of innocent persons, thus making them immoral. However not all individuals view fetuses as persons and consequentially argue it is not morally wrong to kill them.

Typically, the issue of abortion in the United States has been one that has courted controversy and created a public, political, and moral divide. While some feel that abortion should be illegal, others feel it should be restricted. Still others feel it should be legal and freely accessed. Although there are many ethical phases which originate from the application of reproduction control in women’s health, the main issues that raise ethical problems following the development of assisted reproduction techniques are: the right to procreate or reproduce. Induce abortion raises ethical issues related to the rights of women versus the rights