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Cargando... The Criminalization of Abortion in the West: Its Origins in Medieval Lawpor Wolfgang P. Müller
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Inscríbete en LibraryThing para averiguar si este libro te gustará. Actualmente no hay Conversaciones sobre este libro. This is a dense history of the shifts in understanding of abortion and how it came to be treated as a crime in western Europe between roughly the twelfth and early sixteenth centuries. Wolfgang Müller argues that the growth and centralisation of power in the hands of authorities, coupled with the development of law as a field of scholarly study (including the concept of “a crime”) at Bologna and other universities, were some of the major driving factors in this development. Over the course of the later Middle Ages, prosecution of pregnancy terminations shifted from being largely of those who assaulted pregnant women causing miscarriages to being of women who intentionally aborted a pregnancy or committed infanticide. Müller makes impressive use of the archives to build his case here, creating a monograph which is painstaking and encyclopaedic, but one where the density of the prose can verge on the opacity. He clearly assumes a reader who is already well versed in medieval legal history (particularly of canon law), and this is not a book I would recommend for the interested lay reader. ( ) sin reseñas | añadir una reseña
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. M?ller 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, M?ller's book is written with the concerns of modern readers in mind, thus bridging the gap that might otherwise divide modern and medieval sensibilities.? No se han encontrado descripciones de biblioteca. |
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Google Books — Cargando... GénerosSistema Decimal Melvil (DDC)345.02850940902Social sciences Law Criminal Law OffensesClasificación de la Biblioteca del CongresoValoraciónPromedio:
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