Feminae: Medieval Women and Gender Index

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1. Record Number: 10268
Author(s): Muller, Wolfgang P.
Title : Canon Law versus Common Law: The Case of Abortion in Late Medieval England [Medieval Canon law treated abortion as the killing of a person, equating it with homicide. On the Continent, lay courts and the Roman lawyers accepted this doctrine. English Common Law courts did the same until the later thirteenth century. Then abortion became treated as an ordinary suit for damages, not even fining a suspect when a trial was inconclusive. In this case, as in many others, the Common Law, driven by local juries defending their neighbors, parted company with the learned law. Title note supplied by Feminae.].
Source: Proceedings of the Tenth International Congress of Medieval Canon Law, Syracuse, New York, 13-18 August 1996.   Edited by Kenneth Pennington, Stanley Chodorow, and Keith H. Kendall .   Biblioteca Apostolica Vaticana, 2001.  Pages 929 - 941.
Year of Publication: 2001.