Kingpoleon
Atlas Star
Posts: 22,144
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« on: September 29, 2020, 10:31:43 PM » |
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The law, such as it was, is clearly from English common law.
“ Life... begins in contemplation of law as soon as an infant is able to stir in the mother's womb. For if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child; this, though not murder, was by the ancient law homicide or manslaughter. But at present it is not looked upon in quite so atrocious a light, though it remains a very heinous misdemeanor.” - William Blackstone “If one strikes a pregnant woman or gives her poison in order to procure an abortion, if the fetus is already formed or quickened, especially if it is quickened, he commits homicide.” - Henry de Brecton “ If a woman be quick with childe, and by a potion or otherwise killeth it in her wombe, or if a man beat her, whereby the child dyeth in her body, and she is delivered of a dead childe, this is great misprision, and no murder; but if he childe be born alive and dyeth of the potion, battery, or other cause, this is murder; for in law it is accounted a reasonable creature, in rerum natura, when it is born alive.” - Edward Coke “Life and what is not life is determined by sensation and movement.” - Thomas Aquinas
The Leges Henrici Primi agrees on this point as well. The Supreme Court, in Roe v. Wade, overturned a thousand years of legal precedent - an unprecedented event. There’s not a super precedent for abortion - there’s a uniquely overwhelming legal precedent on the issue. Rejecting it would mean fundamentally rejecting common law, the very basis of our law.
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