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UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of ten of America's presidencies and who has edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. We get over 5 million article visits a year. See prorev.com for full contents of our site

December 4, 2009

TIMELINE

Compiled from Conscience journal and Religious Tolerance. Note that all these decisions were made by men.


100 AD: One of the earliest church documents, the Didache, condemns abortion but asks two critical questions: 1) Is abortion being used to conceal the sins of fornication and adultery? and 2) Does the fetus have a rational soul from the moment of conception, or does it become an "ensouled human" at a later point? The matter of "hominization" - the point at which a developing embryo or fetus becomes a human being - would become one of the cornerstones of debate about abortion, and it remains a subject of debate even today.

Prior to 380 CE: Many Christian leaders issued unqualified condemnations of abortion. So did two church synods in the early 4th century.

Circa 380 CE: The Apostolic Constitutions allowed abortion if it was done early enough in pregnancy. But it condemned abortion if the fetus was of human shape and contained a soul.

St. Augustine (354-430) condemned abortion because it breaks the connection between sex and procreation. However, in the Enchiridion, he says, "But who is not rather disposed to think that unformed fetuses perish like seeds which have not fructified" - clearly seeing hominization as beginning or occurring at some point after the fetus has begun to grow. He held that abortion was not an act of homicide. Most theologians of his era agreed with him. In a disciplinary sense, the general agreement at this time was that abortion was a sin requiring penance if it was intended to conceal fornication and adultery.

Circa 675: The Irish Canons place the penance for "destruction of the embryo of a child in the mother's womb [at] three and one half years," while the "penance of one who has intercourse with a woman, seven years on bread and water."

Circa 8th Century: In the Penitential Ascribed by Albers to Bede, the idea of delayed hominization is again supported, and women's circumstances acknowledged: "A mother who kills her child before the fortieth day shall do penance for one year. If it is after the child has become alive, [she shall do penance] as a murderess. But it makes a great difference whether a poor woman does it on account of the difficulty of supporting [the child] or a harlot for the sake of concealing her wickedness."

In 1140, Gratian compiled the first collection of canon law that was accepted as authoritative within the church. Gratian's code included the canon Aliquando, which concluded that "abortion was homicide only when the fetus was formed." If the fetus was not yet a formed human being, abortion was not homicide.

Pope Innocent III (1161-1216):He determined that a monk who had arranged for his lover to have an abortion was not guilty of murder if the fetus was not "animated" at the time.

Early in the 13th century,he stated that the soul enters the body of the fetus at the time of "quickening" - when the woman first feels movement of the fetus. Before that time, abortion was a less serious sin, because it terminated only potential human person, not an actual human person.

1312: The Council of Vienne, still very influential in Catholic hierarchical teaching, confirmed the conception of man put forth by St. Thomas Aquinas. While Aquinas had opposed abortion - as a form of contraception and a sin against marriage - he had maintained that the sin in abortion was not homicide unless the fetus was ensouled, and thus, a human being. Aquinas had said the fetus is first endowed with a vegetative soul, then an animal soul, and then - when its body is developed - a rational soul. This theory of "delayed hominization" is the most consistent thread throughout church history on abortion.

1588: Concerned about prostitution in Rome, Pope Sixtus V issued the bull Effraenatam (Without Restraint) and applied to both contraception and abortion, at any stage of pregnancy, the penalty designated for homicide: excommunication. There was no exception for therapeutic abortion.6

1591: Only three years after Pope Sixtus V issued Effraenatam, he died. His successor, Gregory XIV, felt Sixtus's stand was too harsh and was in conflict with penitential practices and theological views on ensoulment. He issued Sedes Apostolica, which advised church officials, "where no homicide or no animated fetus is involved, not to punish more strictly than the sacred canons or civil legislation does." This papal pronouncement lasted until 1869. . . Pope Gregory XIV (1591) reinstated the "quickening" test, which he determined happened 116 days into pregnancy.

1679: Consistently, abortion had been considered wrong if used to conceal sexual sins. Taking this idea to its extreme, Pope Innocent XI declared abortion impermissible even when a girl's parents were likely to murder her for having become pregnant. The church was still teaching delayed hominization, sure only that hominization occurred some time before birth.

Pope Pius IX (1869) dropped the distinction between the "fetus animatus" and "fetus inanimatus." The soul was believed to have entered the pre-embryo at conception . . . Completely ignoring the question of hominization, Pope Pius IX wrote in Apostolicae Sedis in 1869 that excommunication is the required penalty for abortion at any stage of pregnancy. He said all abortion was homicide. His statement was an implicit endorsement -- the church's first -- of immediate hominization.

Leo XIII (1878-1903):He Issued a decree in 1884 that prohibited craniotomies. This is an unusual form of abortion used under crisis situations late in pregnancy. It is occasionally needed to save the life of the pregnant woman.


He issued a second decree in 1886 that prohitied all procedures that directly killed the fetus, even if done to save the woman's life.


The 1917 Code of Canon Law, the first new edition since Gratian's code in 1140, required excommunication both for a woman who aborts and for any others, such as doctors and nurses, who take part in an abortion.


1930: In his encyclical Casti Connubii (Of Chaste Spouses), Pope Pius XI condemned abortion in general, and specifically in three instances: in the case of therapeutic abortion, which he called the killing of an innocent; in marriage to prevent offspring; and on social and eugenic grounds, as practiced by some governments.

1965: The Second Vatican Council, in Gaudium et Spes (section 51), declared: "Life must be protected with the utmost care from the moment of conception; abortion and infanticide are abominable crimes." Here, abortion is now condemned on the basis of protecting life, not as a concealment of sexual sin.

In 1974, the Sacred Congregation for the Doctrine of Faith issued the "Declaration on Procured Abortion," which opposes abortion on the grounds that "one can never claim freedom of opinion as a pretext for attacking the rights of others, most especially the right to life." The key to this position is that the fetus is human life from the moment of conception, if not necessarily a full human being. With this position, the church has fully changed the terms of its argument.

Canon law was revised in 1983 to refer simply to "the fetus." The church penalty for abortions at any stage of pregnancy was, and remains, excommunication.

Today: The Catholic church hierarchy today does not permit abortion in any instance, not even in case of rape or as a direct way of saving the life of a pregnant woma

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1 Comments:

Anonymous Anonymous said...

Until such time that we understand what thought and self-awareness constitute, abortion will remain a contentious issue. But the very fact that it is contentious is hopeful: Until more facts are known it should be contentious. We should not allow ourselves to be definitive in the presence of legitimate doubt especially for the sake of being definitive. We then run the risk of being crucified by the gross oversimplification of "the Law." A fine example of this is the "Three Strikes and you're Out" legislation which is chilling and uncivilized.

December 6, 2009 9:55 AM  

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