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Cross And Crime Ch 54 59 Raw 11
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as a real, independent being. In this state of the law, the legislature can have no rational motive for regarding an abortive woman as guilty of a crime. It is because the law has failed to recognize the life of the unborn as an independent and separate being in the eyes of the law, that it is everywhere treated as if it had never lived. The law, in its almost universal disregard of the rights of the unborn, is guilty of this great wrong; and the moral obligation of the State towards the unborn is commensurate with the wrong thus done.
Whether abortion of a quick fetus was a felony at common law, or even a lesser crime, is still disputed. Bracton, writing early in the 13th century, thought it homicide. [Footnote 23] But the later and predominant view, following the great common law scholars, has been that it was, at most, a lesser offense. In a frequently cited
We believe that it would be unwise to import into our law a doctrine that first appeared in English law, and that was never made a crime under our common law, which would have the effect of depriving a woman of a right guaranteed by the Constitution.
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