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This is not a consensus view by legal scholars. While a consensus view is that abortion of a quick fetus had clearly been seen as a “heinous crime” in common l
by xyzzyz 3y ago
This is not a consensus view by legal scholars. While a consensus view is that abortion of a quick fetus had clearly been seen as a “heinous crime” in common law, many argue that abortion in general has also been seen as unlawful, just not as serious of a crime as abortion of a quick child. Blackstone, for example, discusses an example where a doctor gives a women a potion the purpose of which is to induce abortion, but which results in killing the woman. Blackstone explains that this is common law murder, because it is done with malice aforethought, that is, abortion intent. In other circumstances, doctors giving people potions that kill them was not seen as murders.
See page numbers 18 here
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf