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Showing posts from August, 2022

Dobbs and Abortion in the European Middle Ages

A New Yorker article on abortion in the U.S. written prior to the Supreme Court’s Dobbs decision but anticipating its overthrow of Roe vs. Wade, quotes a gynecologist named Franz Theard as saying “I cannot believe that people who were born after ’73 are going back to the Middle Ages” (June 20, 2022, p. 21). Even before I read that, I had expected someone, somewhere, to make a medievalizing reference to describe a post-Roe America, given how often the European Middle Ages are used today to represent the “bad old days.”  What surprised me was the actual medieval reference in Justice Alito’s opinion in Dobbs. In claiming that English common law treated abortion after “quickening” as a crime, he quotes “Henry de Bracton’s 13th-century treatise” as stating that if someone has “struck a pregnant woman, or given her poison, whereby he has caused abortion, if the foetus be formed and animated, and particularly if it be animated, he commits homicide” (p. 17). This reference to the Middle Ages