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Ancuța-Elena FRANȚ: The legal regime of abortion until the beginning of the XXth century: comparative law.

Abstract: The problem of abortion is as old as human society. Along the time, what was different was the society’s opinion about abortion practices. However, despite the moral conception of a certain moment, people wanting to do an abortion have always sought a way to perform it. In ancient times, society was more permissive with abortion practices than recent eras. The oldest written law about abortion is a provision in Hammurabi Code, which stipulates that a person who caused an abortion had to pay a financial compensation. In ancient Greece, as Platon says in The Republic, abortion was actually a standard procedure if the mother was over 40 years old, and also if a couple had already too many children. Later, abortion was allowed only if it occurred before the moment when the fetus acquired a soul. This moment was considered to be the so called moment of “quickening”, which was the moment could feel the movements of the fetus. The beginning of Christianity brings a major turn, as society is no longer as tollerant with abortion as it was before. This conception would develop and would know extreme forms, with the absolute interdiction of abortion.

 Key words: illegal abortion induction, history, contraception, feminism

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