Naujausi A B C D E F G H I J K L M N O P R S T V W Y Z
Autoriai: JOHN KEOWN
Metai:
ISBN: 0-521-34574-X
Brūkšninis kodas: 4202185
Ieškoti VUB kataloge
Anotacija:
Ranging from the beginning of the last century to the past decade, this book focusses on the evolution of the law and medical practice of abortion in England. Little academic attention has hitherto been given to the development and scope of abortion law in England, the formative influence of the medical profession, and the impact of the law on medical practice. Consequently, Dr Keown considers the performance of abortion by doctors, and the influence the medical profession had on the restriction of the law in the nineteenth century and on its relaxation in the twentieth.
The book does not deal directly with the legal status of the unborn child, the rights and duties of its parents and of the doctors involved in the provision of abortion or the question of the desirability of reform. Rather, adopting a socio-legal
perspective, it considers what the scope of the prohibition of abortion has been and focusses on aspects of professional influence on the evolution of that prohibition, and of professional practice thereunder.
This book is unique in its expert handling of the legal material and breadth of historical coverage, and is likely to be greeted as an impartial and useful reference work for all those concerned with abortion in its legal, medical and social contexts.
Table of cases page ix
Table of statutes xi
Acknowledgements xii
Introduction 1
1 The first statutory prohibition of abortion: Lord Ellenborough`s Act 1803 3
1.1 Abortion and the common law 3
Abortion and the ecclesiastical courts 1200-1600 3
The exercise of jurisdiction over abortion by the common-law
Courts 1600-1803 5
The “freedom to abort”: de jure and the facto 11
1.2 The statutory restriction of the abortion law: Lord Ellenborouhg`s Act 1803 12
The clarification of the law 12
The perception of abortion as a growing problem 21
The influence of the regular medical practitioner on the Act 22
Conclusion 24
2 Anti-abortion legislation 1803-1861 and medical influence thereon 26
2.1 Anti-abortion legislation 1803-1861 26
2.2 The influence of medical opinion on the law 1803-1861 27
Lord Lansdowne`s Act 1828 28
The offences against the Person Act 1837 29
The offences against the Person Act 1861 33
Conclusion 47
3 Abortion in legal theory and medical practice before 1938 49
3.1 Medical abortion and the law 1803-1938 49
3.2 Abortion in medical practice before 1938 59
Conclusion 78
4 The medical profession and the enactment of the Abortion Act 1967 84
4.1 The royal medico-psychological association 87
4.2 The British medical association 89
4.3 The Royal College of obstetricians and gynaecologists 91
4.4 The Medical Women’s Federation 95
4.5 The Royal College of obstetricians and gynaecologists and the British
Medical Association 96
Conclusion 108
5 The Abortion Act 1967 and the performance of abortion by the medical
profession 1968-1982 110
5.1 Medical abortion 1968-1982 110
The exercise of medical discretion 110
Changing medical attitudes 119
5.2 The safeguards against excessively permissive interpretation of s.1 and
their effectiveness 128
Section 5(2) of the Abortion Act and the “statistical argument” 128
Certification, notification, and the approval of premises 130
The General Medical Council 136
Conclusion 137
6 The reaction of the medical profession to proposed restriction
of the law 1969-1979 138
6.1 The St. John-Stevas Bill (1969) 138
6.2 The Irvine Bill (1970) 139
6.3 The Grylls Bills (1973-1974) 139
6.4 The White Bill (1975) 141
6.5 The Benyon Bill (1977) 146
6.6 The Braine Bill (1978) 151
6.7 The Corrie Bill (1979) 152
Conclusion 158
7 A theoretical overview 159
Appendices 167
Offences against the Person Act 1861 167
Abortion Act 1967 168
Notes 171
Subject index 206
Names index 210
