"A good deal of the confusion on this point seems to have arisen from
considering forty weeks and nine calendar months as one and the same
quantity of time, whereas, in fact, they differ by from five to eight
days. Nine calendar months make 275 days, or if February be included, only
272 or 273 days, that is thirty-nine weeks only instead of forty. Yet we
constantly find in books on law, and on medical jurisprudence, the
expression "nine months or forty weeks." Another source of confusion has
evidently had its origin in the indiscriminate use of lunar and solar
months, as the basis of computation in certain writings of authority."[59]
It is owing to this uncertainty that a considerable latitude has been
allowed by the codes of law in different countries for the duration of
pregnancy, in order to prevent the risk of deciding where the data are so
uncertain.
Experience has shown that the ordinary term of human pregnancy, wherever
it has been capable of being determined with any degree of accuracy, is
280 days or forty weeks; and this period seems to have been generally
allowed even from the remotest ages. As, however, it is so difficult to
fix the precise moment of conception, it has been customary in different
countries to allow a certain number of days beyond the usual time; thus
the Code Napoléon ordains 300 days as the extreme duration of pregnancy,
allowing twenty days over to make up for inaccuracy of reckoning. In
Prussia it is 301 days, or three weeks beyond the usual time. In this
country the limit of gestation is not so accurately determined by law, and
therefore gives rise occasionally to much discrepancy of opinion.
The grand question which this subject involves, is, whether a woman can
really go beyond the common period of gestation. A great number of authors
have considered that the _partus serotinus_, or over-term pregnancy, is
perfectly possible; but by far the majority use such an uncertain mode of
reckoning that little confidence can be placed in them.
Two questions here arise, the determining of which will greatly assist us
in forming a correct view of this intricate subject, viz. _first_, what
has been the duration of those cases of pregnancy where the moment of
conception has been satisfactorily ascertained? _secondly_, what are the
causes which determine the period at which labour usually comes on?
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