Current Abortion Laws: Proposals and Movements for Reform
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Current Abortion Laws: Proposals
and Movements for Reform
B. James George, Jr.
Criminal statutes and administrative sanctions regulating abortion
practices have continually provoked controversy because of the conflict-
ing social, religious, and medical interests which must be considered.
Professor George examines the effect of current state abortion statutes
and demonstrates their inadequacy in meeting present-day problems. He
considers present law unnecessarily strict in light of the tendency of cer-
tain women to have sexual relations regardless of legal controls or un-
pleasant, but remote, physical consequences. The author concludes by
proposing three methods of reform: (1) procedural changes to minimize
criminal prosecutions; (2) expansion of the scope of justifiable thera-
peutic abortions; and (3) liberalization of licensing statutes regulating
doctors and hospitals.
T~ AWS REGULATING sexual behavior have no peer at stirring
up intense emotional reaction; and when the element of life it-
self is involved, the reaction is compounded. Abortion is perhaps
the only problem in which attitudes toward sexual activity itself and
toward life and being are in
THE AUTHOR (B.A., J.D., University of seething turmoil. This tur-
Michigan) is a Professor of Law at
the University of Michigan. Professor moil is reflected in existing
George is currently serving as co-reporter legislation and constitutes the
for the Committee to Revise the Crim-
inal Code of ichigan. controlling element whenever
legislative or judicial changes
in existing law are proposed. Although the specifics of the conflict
are usually the details of statutory language, the real disagreement
arises over which interests are of primary importance and how these
interests are to be effectuated by law.
I. CONFLICTING INTERESTS AFFECTED BY ABORTION
LEGISLATION
There appear to be four foci for a discussion of the interests af-
fected by abortion. The first of these is the fetus itself. Concern
for the fetus is generally based upon one of two theories. One is
that there is life in being from the time of fertilization of the ovum,
and that this life, as any other life, is inviolate. The strongest ad-
herence to this view is of course within the Roman Catholic faith,
which condemns abortion under all circumstances;1 but there is also
I Canon 2350, § 1. See 8 AUGUSTINE, COMMENTARY ON CANON LAW 397-402
(1931); 3 BouscAREN, CANON LAw DIGEsr 669-70 (1954); 2 WOYwOD, PRAcTI-](ViewImageLocal?handle=hein.journals/cwrlrv17&div=27&collection=&method=preview&ext=.png&size=3)
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Current Abortion Laws: Proposals and Movements for Reform
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