31 S. Cal. L. Rev. 181 (1957-1958)
A Medicolegal Analysis of Abortion Statutes

handle is hein.journals/scal31 and id is 191 raw text is: 19581

Southern California
Law Review
Published in December, February, April and July by the students of the
School of Law, University of Southern California
STAFF
Editor-in-Chief
ROBERT V. CAMPBELL
Associate Editors
ROBERT L FOX                          DAVID L HAYUTIN
STANLEY E. HABERMAN                   RONALD ROSS
EDMOND B. SIEGEL
COMMENT
A MEDICOLEGAL ANALYSIS OF ABORTION STATUTES
I. INTRODUCTION
The scope of this topic is as broad as life itself, encompassing medicine,
religion, social customs, public policy and precedent. Complete and ex-
haustive examination of all possible facets is impractical within the con-
fines of a law review article, yet there is sufficient latitude to discuss the
more prominent factors, especially those wherein remedy is feasible at this
time. Following a general discourse stressing the need for legislative action,
there is a critical dissection of the major components of the various sta-
tutes accompanied by recommended changes, if any, and a proposed sta-
tute which this writer feels embodies the best possible solution.'
II. THE NEED FOR ACTION
Apathy is disastrous. This is underscored by history at the turn of every
page, and is no less applicable in this situation. The incidence of criminally
induced abortions' is sufficiently high to warrant concern on the part of
'Recognition should be given at the outset to Frederick J. Taussig, M.D., for his mono-
graph on ABORTION- SPONTANEOUS AND INDUCED--MEDICAL AND SOCIAL ASPECTS
(1936) which, to the present day, is the classic treatise on the subject. For those charged
with the enactment of our laws this should be required reading. Hereinafter, this article
will be cited as TAUSSIG.
2The definition of abortion will be discussed later in the text, Part III, Section A. For
the present, the reader's own concept will suffice. Note, however, that this topic is concerned
solely with induced abortions as distinguished from those which are spontaneous. In the
former the result is a consequence of an intentional act done for the purpose of terminating
the pregnancy.

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