The History Of American Abortion Legislation

Abortion problem has always been the issue of great disputation in human history,which has a lot importance and influence whatever in temporal dimension and spatial dimension.The problem of abortion can draw more attention from people espacially in American which mainly advocates individual liberalism and faith liberalism.Although the problem of abortion is mainly a political problem in nature,it shows to us its legal character formally in the way of American judicial intervention.So this essay analyses abortion from legal angle,constructing a three dimension view of American abortion legislation history,further deeply demonstrating the important role of U.S supreme federal court in the abortion legislation,and systemically describing American abortion legislation condition before and after Roe.Moreover,this essay particularly discuss several factors influcing American abortion legislation,of which political factors play the leading role.Of course this is detemined by the inside political character of abortion problem.These political factors include the power from White House,Congress and states which greatly influence American abortion legidslation road.In this essay,religion and society ethos such as liberal feminism are also discussed. There are four chapters. In the first chapter,it mainly introduced abortion issues in Ancient Law,Cannon Law and English Law,which show us the early condition of abortion legislations.In this chapter"Quickening Principle"is particularly discussed which constructs the fundation of early American legislation.In the second chapter, it introduced the detailed condition of American abortion legislation:before early 19th century,the American abortion law mainly based on the principle of"Quickening",which gives a comparative looser restriction on women's abortion choice;from the middle of 19th century to the middle of 20th century,due to the pushing conjunction of three powers,the American abortion law abandoned"Quickening principle"and began to tie strict restriction on women's abortion choice.Finally this strict abortion restriction indirectly led to the supreme court decision of Roe.In the decision the U.S Federal Supreme Court put forward the concept of privacy right and claim the right of abortion is included in the privacy right concept.Judge Blackum further bring us the theory of"Three Trimesters",which highly protect women's right of abortion.The case of Roe touch off the great debate of weather choice or life in every corner of American society and the American abortion law developped hardly and wobblly after Roe.In the third chapter,it mainly discussed the political factors,including the intervention from the White House,Congress and states,which demonstrate the important role played by these several political factors in the evolution of American abortion legislation.However,in the last chapter it examines other factors that probably influnce American abortion legislation.Finally in the conclusion it happily indicate the cooperation road to the future American Abortion problem.