<TitleType>01</TitleType> <TitleText>The Criminalization of Abortion in the West</TitleText> <TitlePrefix>The</TitlePrefix> <TitleWithoutPrefix>Criminalization of Abortion in the West</TitleWithoutPrefix> <Subtitle>Its Origins in Medieval Law</Subtitle>

Cornell University Press transfers@onixsuite.com 20130620 eng

COM.ONIXSUITE.9780801450891 03 01 Cornell University Press 01 GCOI 80140100120760 02 0801450896 03 9780801450891 15 9780801450891 59 BB <TitleType>01</TitleType> <TitleText>The Criminalization of Abortion in the West</TitleText> <TitlePrefix>The</TitlePrefix> <TitleWithoutPrefix>Criminalization of Abortion in the West</TitleWithoutPrefix> <Subtitle>Its Origins in Medieval Law</Subtitle> 1 A01 Müller, Wolfgang P. Wolfgang P. Müller 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 Church Law and the Origins of the Western Legal Tradition. 1 01 eng 280 00 280 03 1 18 1 HIS037010 HBLC1 10 LAW060000 10 SOC046000 24 Internet Medieval and Renaissance Studies 24 Internet History / Medieval and Renaissance 24 Internet History of Medicine 24 Internet Legal History 01 01 01 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. 02 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. 04 Introduction Chapter 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 England Chapter 3. Chief Agents of Criminalization Legislation versus Juristic Communis Opinio Communis Opinio and Peer Dissent Systematic Law before the Rise of the Modern State Chapter 4. Principal Arguments in Favor of Criminalization Successive Animation and Creatianism Legal and Theological Assessments of Therapeutic Abortion The Demise of Late Medieval Embryology Chapter 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 Prescriptions Chapter 7. Abortion in the Criminal Courts of the Ius Commune Criminal Accusationes and Inquisitiones The Rules and Safeguards of Ordinary Inquisitiones Extraordinary Inquisitiones Chapter 8. Forms of Punishment in the Criminal Courts of the Ius Commune Statutory and Customary Specifications Substitute Penalties Adjustment Out of Court Chapter 9. The Frequency of Criminal Prosecutions Viable Statistical Queries Geography and Patterns of Record Keeping A Triad of Typical Cases Bibliography Index 08 "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."—Choice (February 2013) 08 "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."—Edward Peters, Henry Charles Lea Professor of History, University of Pennsylvania, author ofInquisition 08 "Wolfgang P. Müller presents a well-informed, comprehensive account of the process that led to the classification of abortion of a human fetus as a species of homicide punishable by severe penalties up to and including execution of convicted perpetrators. The Criminalization of Abortion in the West is a substantial contribution to our knowledge about a critical facet of the history of abortion."—James A. Brundage, Ahmanson-Murphy Distinguished Professor Emeritus of History and Law, University of Kansas, author of The Medieval Origins of the Legal Profession: Canonists, Civilians, and Courts 04 03 72 01 http://www.cornellpress.cornell.edu/resources/titles/80140100120760/images/80140100120760L.jpg 07 03 72 01 http://www.cornellpress.cornell.edu/resources/titles/80140100120760/images/80140100120760S.jpg http://www.cornellpress.cornell.edu/book/?GCOI=80140100120760 Cornell University Press 01 02 2021862 Cornell University Press Ithaca US 04 20120619 01 WORLD 01 9.25 in 02 6.13 in 08 19 oz 07 2021862 CUP Services http://www.cornellpress.cornell.edu 02 CA MX US BV AL AD AM AU AT AZ BY BA BG HR CY CZ DK EE FO FI GE DE GI GR HM HU IS IE MK IT PS KZ LV LI LT LU UM MT MC ME NL NZ NO PG PL PT RO RU SM AX SK SI ES SJ SE CH TR UA GB VA 02 Y 11 18 01 02 s 55.00 USD 06 5013546051314 NBN International http://www.nbninternational.com 02 BV AL AD AM AT AZ BY BE BA BG HR CY CZ DK EE FO FI FR GE DE GI GR HM HU IS IE MK IT PS KZ LV LI LT UM MT MD MC ME NL NO PL PT RO RU SM AX SK SI ES SJ SE CH TR UA GB VA AU CA JP MX US NZ PG 02 Y 20 20120619 18 01 02 s 02 33.95 GBP