The History and Controversy of Abortion

Abortion is the deliberate ending of a pregnancy after conception. There are different types of abortion, including miscarriage (also known as spontaneous abortion), which occurs when a pregnancy ends naturally. Miscarriages that happen between 8 and 22 weeks gestation are often caused by chromosomal abnormalities, although environmental factors can also play a role. Stillbirth and premature birth, occurring after 22 weeks but before 37 weeks of gestation, do not fall into the category of miscarriages. Therapeutic abortion is another type performed to protect the health of the pregnant woman or prevent complications for the fetus during or after gestation.

There are two categories of abortions: medical and surgical. When an abortion is performed for non-therapeutic purposes, it is referred to as elective. Abortion provides women with the option to terminate their pregnancies, but this involves ending the growth of the under-developed embryo or fetus. Consequently, this matter continues to be contentious both in America and globally. Individuals have divided into pro-life and pro-choice groups. In America, one political party advocates for pro-life while the other champions pro-choice.

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Abortion has a long history dating back to ancient times.

Abortifacients and criminal abortions were punished in the Persian Empire, but they were also prevalent in the Greek and Roman Empires. It is worth mentioning that the Ephesians opposed Rome's policy of allowing unrestricted abortions because it contradicted the Hippocratic oath. This oath explicitly prohibits administering lethal drugs or abortive remedies upon request or suggestion. Even now, this oath still upholds the utmost ethical standards in medicine.

Dr. Edelstein provided insight into the perplexity surrounding the absence of condemnation of abortion in both ancient Rome and contemporary times within the Hippocratic Oath. He clarified that only the Pythagorean school considered the embryo as alive from its conception, perceiving abortion as an act of terminating a living entity. However, most Greek philosophers held opposing views and actually supported and engaged in abortions. Dr. Edelstein concluded that the Oath did not represent society at large nor gain acceptance from all ancient medical practitioners. The evidence found in medical writings prior to Galen (A.D130-200) clearly demonstrates the violation of nearly every principle outlined in the Oath, thus presenting a compelling argument.

Development of Abortion Law

Before 1803, abortion before quickening was not illegal under common law. However, in that year, a criminal abortion act was enacted, making it a capital offense. The severity of punishment was lessened if the abortion occurred before quickening. This law remained unchanged during the general revision of 1828. Nevertheless, both the criminal abortion act and the death penalty were eliminated in 1837 and were not reintroduced in the offences against person act of 1861.

The Infant Life Preservation Act of 1929 prohibited intentional acts aimed at preserving life, but with a requirement for evidence that the act causing the child's death was not solely to save the mother's life. In 1967, the parliament introduced the Abortion Act of 1967 which permitted abortions under specific circumstances. These included obtaining agreement from two physicians that continuing the pregnancy would pose a greater risk to the life or health (both physical and mental) of the pregnant woman or her existing children compared to terminating it. Alternatively, if there was a significant possibility of physical or mental abnormalities in the child being born.

The evolution of abortion legislation in the United States.

Until the mid 19th century, American law was based on English law. In 1821, Connecticut passed the first abortion legislation in accordance with English law. However, it wasn't until 1860 that abortion before quickening became a crime. In 1829, New York enacted legislation that prohibited both unquickened and quickened fetuses.

Unquickened abortions were considered a misdemeanor, while quickened abortions were regarded as second-degree manslaughter. The legislation also introduced the concept of therapeutic abortion, which permits abortion if it is necessary to save the mother's life.

After the Civil War, state laws began replacing common law. These laws maintained the distinction between quickened and unquickened fetuses and imposed appropriate punishments for each category. However, during the middle of the 19th century, most states gradually abandoned this distinction and implemented stricter penalties.

In the late 1950s, laws in most states prohibited abortion unless it was necessary to save the mother's life. However, the introduction of ALI model penal code s230.3 as Appendix B to the opinion in Doe V Botton, post, p.205 resulted in a relaxation of these laws by states. The constitutionality and legality of these laws varied among different courts across the country.

Then in 1973, there was a groundbreaking ruling by the Supreme Court in Roe v Wade that provided a clear interpretation of abortion laws based on different provisions of the Constitution. This decision continues to serve as a guiding principle for understanding both individual and state responsibilities and rights concerning abortion.

The foundation of Law is built upon ethical principles.

The ethical principles of autonomy, beneficence, non-maleficence, justice, and fairness have a captivating effect on the subject of abortion in contemporary society as they form the foundation for societal laws.

The topic being discussed is autonomy and its relationship to abortion.

Reproductive autonomy involves making decisions regarding family planning and is related to aspects such as informed consent, confidentiality, truthfulness, and honoring commitments. It specifically focuses on a woman's right to make these decisions instead of relying on others like men, religious authorities, or the government. The concept of reproductive autonomy has been important for over fifty years, especially as society has evolved and family dynamics have changed.

Autonomy is the capacity to make decisions independently and without external influence or interference. It carries an ethical duty, which does not restrict freedom of choice but rather complements it. Freedom devoid of responsibility can lead to selfishness, whereas responsibility without freedom becomes a form of coercion. The 14th Amendment guarantees autonomy by establishing due process under the law, serving as the foundation for court rulings that recognize a woman's right to privacy/autonomy regarding abortion.

Exploring the concept of beneficence in relation to abortion

By beneficence, it means happiness to many. Abortion can be seen from various ethical perspectives including utilitarianism. Utilitarianism aims to maximize happiness for a large number of people. Utilitarianism supports widespread happiness based on empirical evidence. Considering abortion within this framework, one can observe its medical, social, and economic benefits for a large number of people in society. Some statistics regarding abortion include the fact that half of all pregnancies in the U.S are unintentional, with half of these being terminated through medically safe and legal abortions.

From 1973 to 2000, more than 39 million legal abortions occurred, resulting in a significant decline in birth rates among specific groups of women. The legalization of abortion notably impacted women aged 35 and above, teenagers, and unmarried women (Levine, et. el,1999). At present, around 30% of abortions are performed on women over the age of 35. If access to legal abortions were restricted or unavailable, numerous women would be forced to endure unwanted pregnancies with detrimental effects on their families as well as their emotional and psychological well-being. Legal abortion grants couples the opportunity to conceive without the fear of genetic disorders since they can opt for a safe and lawful abortion if necessary. While most women feel relieved after having an abortion, some may experience depression.

When discussing abortion, it is crucial to consider the concepts of justice and fairness.

Justice is the establishment of fairness principles, including equality in economic rights, education and employment opportunities, divorce and child custody laws, standards of sexual behavior, and suffrage. Advocating for justice stems from acknowledging that both men and women have equal capabilities and responsibility for their existence. When considering justice in relation to abortion, the following facts are pertinent.

The woman's right to terminate a pregnancy has improved compared to most states prior to the 1970s, although restrictions may apply later in the pregnancy. The American Medical Association played a role in creating an anti-abortion sentiment in the late 19th century. In 1967, the committee on human reproduction advised against induced abortion unless it posed a threat to the mother or child, lacking ethical or reasonable justification. In 1970, the APHA proposed five standards for abortion, including a straightforward procedure and accessible counseling services.

3. Avoiding psychiatric consultation is possible. 4. Trained professionals can assist in the decision-making process. 5. Awareness of contraceptives and sterilization is crucial. There have been conflicting rulings on abortion laws from various courts within the country. Experts in medicine, philosophy, and theology cannot agree on when life begins. According to the constitution, the unborn are not considered individuals. The law has been hesitant to recognize that life starts before birth or grant legal rights to the unborn, except in cases of criminal abortions. However, a woman's right to privacy includes her choice to terminate her pregnancy and is broad enough to encompass it.

However, the state has three areas of concern: the health of its citizens, a valid medical standard, and a legitimate interest in potential life. These areas are distinct but become relevant as the woman approaches the end of her pregnancy. According to current medical knowledge, this significant moment begins at the end of the first trimester. The state's essential and justified interest in potential life identifies viability as this crucial point. Viability refers to the fetus's ability to have a meaningful existence outside of the mother's womb. Prior to reaching this critical period, the attending doctor can terminate the pregnancy with their patient's consent and based on their medical expertise without interference from state regulations.

Conclusion

It is crucial to grant every woman the autonomy to choose whether or not to end a pregnancy, ensuring that this choice is made promptly and without unnecessary obstacles. While honoring the right to bodily autonomy, it should also align with societal moral principles and contribute to overall well-being. When making this decision, a woman should take into account the physical, emotional, and ethical repercussions or challenges of abortion while receiving assistance from friends, support groups, counseling services, or family members.

References

Christensen, T. E., & Wallace, O. (September 2012). The Effects of Abortion. Retrieved from http://www.wisegeek.com/what-are-the-effects-of-abortion.htm

Legal Information Institue, .. (January 1972). Roe v Wade (No 70-18). Retrieved from http://www.law.cornell.edu/supct/html/historics/USSC_CR_0410_0113_ZO.html