The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
[96] "Dummodo et foetus et matris vitae serio et opportune
provideatur."
March 5, 1902, this question was asked the Holy Office: "Is it ever
licit to remove an ectopic fetus from the mother while the fetus is
under six months of age from the time of conception?"
The answer was: "_Negatively_, in accord with the decree of May 4,
1898, by which the lives of the fetus and mother, as far as possible,
are carefully and opportunely preserved. As to the time, the
questioner is reminded by the same decree that no premature delivery
is licit unless effected at the time and by the methods which, under
ordinary circumstances, will preserve the lives of mother and fetus."
The English civil law concerning abortion[97] is:
"Whoever shall unlawfully supply or procure any poison or other
noxious thing, or any instrument or thing whatsoever, knowing that
the same is intended to be unlawfully used or employed with intent to
procure the miscarriage of any woman, whether she be or be not with
child, shall be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the court, to be kept in penal
servitude for the term of three years, or to be imprisoned for any
term not exceeding two years, with or without hard labor."
[97] Statutes 24 and 25, Victoria, cap. 100, sec. 59.
Alfred Susaine Taylor,[98] commenting on this law, said: "Strictly
speaking, there is no such thing as justifiable abortion; the law
recognizes no such possibility. A medical man must always remember
this when he contemplates emptying a pregnant uterus.
[98] _Principles and Practice of Medical Jurisprudence._ London,
1905.
"It is obvious that the only reasons that can be thought of by an
honorable man as justifying the induction of labor are (1) to save
the life of the mother; (2) to save the life of the child. (Some
religions will not contemplate the first reason, but that we are not
now concerned with.) It cannot be done for the sake of family honor
nor for any similar ethical reason....
"The golden rule is never to empty a uterus without first having a
second professional opinion as to its necessity; if this opinion be
adverse, do not do it; if it be favorable, it is well to get it in
writing, and it is well also to get the written or attested consent
of the woman and her husband, and then proceed to do it with all the
skill and care possible. The death of the fetus is at any time the
most certain means of causing the womb to empty itself, but after
the sixth month the operation is performed necessarily with a view
to preserving this life, and steps must be taken accordingly." Coke,
about 1615, judged that to kill a child in the womb is not murder,
but if it is expelled by violence and dies after it leaves the womb,
that is murder.
Public-domain text, read in full here on John Shaqi.
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