Tuesday, October 19, 2010

The myth of the legality of abortion in Common Law countries before the 19th century

Yes, this is another re-run.

But it's an important issue that you should understand.

Abortion was NOT legal before laws were passed in the 19th century.

The problem was that abortions before quickening were difficult to prosecute because one had to prove that the child was alive before you could convict.

Given the impossibility to know whether a fetus was alive or not, it was virtually impossible to prosecute for abortion.

So, DE FACTO, pre-quickening abortions were "legal" for lack of prosecution.