The legitimacy or otherwise of induced abortion has been influenced by social, political, and medical perceptions. From the 13th century to the early 19th century induced abortion was legal under English common law, before the onset of quickening at 15 to 18 weeks gestation. However, to cause the death of an animate child in utero was considered homicide. The law changed fundamentally in 1803, making any attempt to induce an abortion at any gestation using a noxious or destructive substance a capital offence, largely because abortion was considered a major danger to women's health. Conversely, in the United States, where English common law still applied in many states, the first legislation to prohibit abortion at any gestation appeared in 1828 in New York state. At that time reports of 30% mortality among mothers after surgical abortion in hospital and 66% at the hands of non-medical practitioners were judged too high to allow the practice to continue. This legal position was atypical, as only five of 26 states had banned abortion by 1840.
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Colin Francome
Ashgate, £35/$59.95, pp 188 ISBN 0 7546 3015 3 www.ashgate.com
Rating: ★★
Although abortion was an offence, the medical profession's use of abortion to safeguard maternal health was overlooked. As abortion became safer in the 20th century, demands grew for abortion laws to be liberalised. The British Abortion Act 1967 permitted abortions under proscribed conditions relating to maternal and fetal health and had a profound effect on subsequent extensions of abortion laws in over 40 countries between 1967 and 1982. A fundamental difference between the United States and United Kingdom is that US women have the right to abortion on request until fetal viability. Despite this difference there is little pressure to amend current legislation in Britain because women do not have difficulty obtaining abortion.
Ninety four per cent of abortions in the United Kingdom are done under clause C of the Abortion Act 1967, which permits termination under 24 weeks gestation on the grounds that termination is a relatively safe procedure and pregnancy is more dangerous than not being pregnant. One per cent are done because of fetal abnormality, and 1% because of medical complications in the mother. In 2000 the number of abortions per 1000 women of reproductive age was significantly higher in the United States (24.5) than in the United Kingdom (16.9). However, this difference may reflect the relative availability of contraception rather than the prevailing legislation.
Francome's appraisal of the circumstances that led to the current laws is enlightening. The views of pro-abortion factions and their opponents are explained, but evaluation of the ethical and moral dimensions is kept outside the scope of the book.