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Criminalization of Abortion in the West Its Origins in Medieval Law

Müller, Wolfgang P.
Heftet / 2012 / Engelsk

Produktdetaljer

ISBN
9781501713651
Publisert
2012
Utgiver
Vendor
Cornell University Press
Vekt
454 gr
Høyde
235 mm
Bredde
155 mm
Dybde
16 mm
Aldersnivå
01, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet

Forfatter
Müller, Wolfgang P.

Biographical note

Wolfgang P. Müller is Professor of History at Fordham University. He is the author of Huguccio: The Life, Works, and Thought of a Twelfth-Century Jurist and coeditor of Medieval Church Law and the Origins of the Western Legal Tradition.

Criminalization of Abortion in the West Its Origins in Medieval Law

Müller, Wolfgang P.
Heftet / 2012 / Engelsk
Müller, Wolfgang P.
Heftet / 2012 / Engelsk
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<p>[T]he argumentation is intricate. To put it differently, this reader found that the importance of Criminalization rose to the surface upon a second reading. For, this is an important book, which will interest historians across the sub-disciplinary spectrum and not only late medievalists. It provides a stimulating account of the theoretical and practical development of medieval criminal justice and will become a sine qua non in the history of abortion.</p>

- Zubin Mistry, The Mediæval Journal

<p><i>The Criminalization of Abortion in the West</i> examines the processes which led to the voluntary killing of a human fetus becoming a crime, as opposed to a sin or a wrong compensable by a money payment....This book should be regarded as essential reading for those studying the interface between law and medicine in medieval Europe, to legal historians and social historians.</p>

- Gwen Seabourne, Social History of Medicine

<p>Muller traces the tortuous path of the treatment of abortion as a public crime (felony) between the late 12th and early 16th centuries.... He succeeds in demonstrating the shift in the settlement of disputes from the pre-12th-century local control of justice depending on local power and the strength of family status to a more public hearing under the control of centralizing authorities.... Added to these public tribunals to investigate abortion as a crime was the widespread public attitude that regarded it as no more than a sin, if that, subject to confession to a priest and the performance of penance.</p>

Choice

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.
Les mer
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.
Les mer
IntroductionChapter 1. The Earliest Proponents of Criminalization The Scholastic Origins of Criminal Abortion Forms of Sentencing in Medieval Jurisprudence Crimen in "An Age without Lawyers" (500–1050)Chapter 2. Early Venues of Criminalization Crimen in Sacramental Confession Judicial Crimen in the Ecclesiastical Courts Public Penitential Crimen Royal Jurisdiction in Thirteenth-Century EnglandChapter 3. Chief Agents of Criminalization Legislation versus Juristic Communis Opinio Communis Opinio and Peer Dissent Systematic Law before the Rise of the Modern StateChapter 4. Principal Arguments in Favor of Criminalization Successive Animation and Creatianism Legal and Theological Assessments of Therapeutic Abortion The Demise of Late Medieval EmbryologyChapter 5. Objections to Criminalization Customary Indifference North and East of the River Rhine Rejection in the Royal Courts of England (1327–1557)6. Abortion Experts and Expertise Evidence of Midwifery Medical Embryology and Abortion Discourse Abortifacient PrescriptionsChapter 7. Abortion in the Criminal Courts of the Ius Commune Criminal Accusationes and Inquisitiones The Rules and Safeguards of Ordinary Inquisitiones Extraordinary InquisitionesChapter 8. Forms of Punishment in the Criminal Courts of the Ius Commune Statutory and Customary Specifications Substitute Penalties Adjustment Out of CourtChapter 9. The Frequency of Criminal Prosecutions Viable Statistical Queries Geography and Patterns of Record Keeping A Triad of Typical CasesBibliography Index
Les mer
In The Criminalization of Abortion in the West, Wolfgang P. Müller addresses a question of broad modern interest and dispute. This is the definitive book on the subject of the history of the criminalization of abortion in the Western world and also a brilliant account of the history of the invention of criminalization itself—that is, early criminal law—in the Western legal tradition.
Les mer

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<p>[T]he argumentation is intricate. To put it differently, this reader found that the importance of Criminalization rose to the surface upon a second reading. For, this is an important book, which will interest historians across the sub-disciplinary spectrum and not only late medievalists. It provides a stimulating account of the theoretical and practical development of medieval criminal justice and will become a sine qua non in the history of abortion.</p>

- Zubin Mistry, The Mediæval Journal

<p><i>The Criminalization of Abortion in the West</i> examines the processes which led to the voluntary killing of a human fetus becoming a crime, as opposed to a sin or a wrong compensable by a money payment....This book should be regarded as essential reading for those studying the interface between law and medicine in medieval Europe, to legal historians and social historians.</p>

- Gwen Seabourne, Social History of Medicine

<p>Muller traces the tortuous path of the treatment of abortion as a public crime (felony) between the late 12th and early 16th centuries.... He succeeds in demonstrating the shift in the settlement of disputes from the pre-12th-century local control of justice depending on local power and the strength of family status to a more public hearing under the control of centralizing authorities.... Added to these public tribunals to investigate abortion as a crime was the widespread public attitude that regarded it as no more than a sin, if that, subject to confession to a priest and the performance of penance.</p>

Choice

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.
Les mer
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.
Les mer
IntroductionChapter 1. The Earliest Proponents of Criminalization The Scholastic Origins of Criminal Abortion Forms of Sentencing in Medieval Jurisprudence Crimen in "An Age without Lawyers" (500–1050)Chapter 2. Early Venues of Criminalization Crimen in Sacramental Confession Judicial Crimen in the Ecclesiastical Courts Public Penitential Crimen Royal Jurisdiction in Thirteenth-Century EnglandChapter 3. Chief Agents of Criminalization Legislation versus Juristic Communis Opinio Communis Opinio and Peer Dissent Systematic Law before the Rise of the Modern StateChapter 4. Principal Arguments in Favor of Criminalization Successive Animation and Creatianism Legal and Theological Assessments of Therapeutic Abortion The Demise of Late Medieval EmbryologyChapter 5. Objections to Criminalization Customary Indifference North and East of the River Rhine Rejection in the Royal Courts of England (1327–1557)6. Abortion Experts and Expertise Evidence of Midwifery Medical Embryology and Abortion Discourse Abortifacient PrescriptionsChapter 7. Abortion in the Criminal Courts of the Ius Commune Criminal Accusationes and Inquisitiones The Rules and Safeguards of Ordinary Inquisitiones Extraordinary InquisitionesChapter 8. Forms of Punishment in the Criminal Courts of the Ius Commune Statutory and Customary Specifications Substitute Penalties Adjustment Out of CourtChapter 9. The Frequency of Criminal Prosecutions Viable Statistical Queries Geography and Patterns of Record Keeping A Triad of Typical CasesBibliography Index
Les mer
In The Criminalization of Abortion in the West, Wolfgang P. Müller addresses a question of broad modern interest and dispute. This is the definitive book on the subject of the history of the criminalization of abortion in the Western world and also a brilliant account of the history of the invention of criminalization itself—that is, early criminal law—in the Western legal tradition.
Les mer

Produktdetaljer

ISBN
9781501713651
Publisert
2012
Utgiver
Vendor
Cornell University Press
Vekt
454 gr
Høyde
235 mm
Bredde
155 mm
Dybde
16 mm
Aldersnivå
01, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet

Forfatter
Müller, Wolfgang P.

Biographical note

Wolfgang P. Müller is Professor of History at Fordham University. He is the author of Huguccio: The Life, Works, and Thought of a Twelfth-Century Jurist and coeditor of Medieval Church Law and the Origins of the Western Legal Tradition.

Relaterte produkter