Abortion, Doctors and the Law: Some Aspects of the Legal Regulation of Abortion in England from 1803 to 1982

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Cambridge University Press, 20. juuni 2002 - 228 pages
Ranging from the beginning of the nineteenth century to the 1980s, this book focuses 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 focuses on aspects of professional influence on the evolution of that prohibition, and of professional practice thereunder.
 

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Contents

The first statutory prohibition of abortion Lord Ellenboroughs Act 1803
3
The exercise of jurisdiction over abortion by the commonlaw courts 16001803
5
de jure and de facto
11
Lord Ellenboroughs Act 1803
12
The perception of abortion as a growing problem
21
The influence of the regular medical practioner on the Act
22
Conclusion
24
Antiabortion legislation 18031861 and medical influence thereon
26
45 The Royal College of Obstetricians and Gynaecologists and the British Medical Association
96
Conclusion
108
The Abortion Act 1967 and the performance of abortion by the medical profession 19681982
110
Changing medical attitudes
119
52 The safeguards against excessively permissive interpretation of s 1 and their effectiveness
128
Certification notification and the approval of premises
130
The General Medical Council
136
Conclusion
137

22 The influence of medical opinion on the law 18031861
27
Lord Lansdownes Act 1828
28
The Offences Against the Person Act 1837
29
The Offences Against the Person Act 1861
33
Conclusion
47
Abortion in legal theory and medical practice before 1938
49
32 Abortion in medical practice before 1938
59
Conclusion
78
The medical profession and the enactment of the Abortion Act 1967
84
41 The Royal MedicoPsychological Association
87
42 The British Medical Association
89
43 The Royal College of Obstetricians and Gynaecologists
91
44 The Medical Womens Federation
95
The reaction of the medical profession to proposed restriction of the law 19691979
138
62 The Irvine Bill 1970
139
64 The White Bill 1975
141
65 The Benyon Bill 1977
146
66 The Braine Bill 1978
151
67 The Corrie Bill 1979
152
Conclusion
158
A theoretical overview
159
Abortion Act 1967
168
Notes
171
Subject index
206
Names index
210
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