Legal and social aspects of the murders of newborn babies and abortions in Silesia between 1742-1914 Cover Image

Prowno-społeczne aspekty zabójstw dzieci narodzonych i aborcji na Śląsku w latach 1742-1914
Legal and social aspects of the murders of newborn babies and abortions in Silesia between 1742-1914

Author(s): Jerzy Myszor
Subject(s): Law, Constitution, Jurisprudence
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: penalization of abortion; infanticide; midwifes and doctors; history of criminal law in Prussian

Summary/Abstract: The article is a review study. In the first part the author presents a review of the opinions on the termination of pregnancy from the ancient times until modernity, focusing particularly on the development of terminology and meanings implied in it. The article proves that detailed penalization of the termination of pregnancy – until modern times equated with a murder – depended on the chronology of pregnancy. The author distinguishes an abortion (termination of pregnancy) from the murder of a newborn child. In the Prussian law, severe punishments (including the capital punishment) were administered for both deeds. In the second part of the article, the author discusses practical aspects of the protection of unborn children, the problem of pregnancy termination and murders of newborns committed by mothers, midwifes and folk healers.

  • Issue Year: 25/2014
  • Issue No: 4
  • Page Range: 109-124
  • Page Count: 16
  • Language: Polish