It has recently been advocated that abortion should no longer be
regarded as a punishable offence. Others are satisfied with the
proposal that the mother should be left unpunished. These proposals
are supported by the following arguments. The existing law is
altogether inefficient, for it attacks not the act in itself, but
merely the poverty of the doer and the clumsiness of the act. The
punishment of abortion is especially unjust: (_a_) when the act of
intercourse has been effected against the will of the woman who has
been impregnated--for example, in case of rape; (_b_) when abortion
is indicated on special grounds of health--for example, when the
health or life of the mother is seriously threatened by pregnancy or
parturition, and there is no doubt that the life of the mother is
more valuable than that of the child; (_c_) when there is no doubt
that the child, if born at full term, would be weakly, diseased,
useless, or even injurious to society--for example, when a person
suffering from severe insanity or chronic alcoholism impregnates
a woman, or when an insane, epileptic, or imbecile woman becomes
pregnant. (As to certain other arguments which are put forward, such
as that everyone has a perfect right to the disposal of his own
body, and that for this reason the prospective mother can deal with
the fruit of her womb precisely as she pleases; or that, according
to the biogenetic law, the embryo is not a human being, but a lower
animal--no importance need be attached to them. They are altogether
superfluous.)
As yet there is no country in which these views have been
incorporated in legislation, but the time cannot be far distant in
which this will take place. Of course, when this happens, abortion,
if effected by a married woman, without sufficient cause, and without
the consent of her husband, would have to be regarded as an adequate
ground for divorce.
Public-domain text, read in full here on John Shaqi.
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