New on SAPIENS: 'Throughout history and today, when it comes to abortion, issues of personhood are enmeshed with misogyny, prejudice, and the desire to control women to preserve power'
Greek and Roman law had little concern for the fetus. With only a few exceptions, abortions were legal and unprosecuted prior to the third century. In rare cases when abortions were brought to court, it was due to perceived damage to, since the woman’s body and her unborn children were considered the property of her husband.
It’s no coincidence that laws against abortion were established at a state level only in the third century, when the Roman Empire was worried about outside threats to their lands and collective identity. The laws were introduced by Emperor Septimius Severus and Emperor Caracalla, who attempted toMedieval Concepts of Abortion and Personhood
By the Middle Ages in Europe, the fetus was still envisioned as a plant-like entity, but conceptualizations of ensoulment, and thus the beginnings of personhood, differed somewhat from ancient times. Texts indicate medieval Europeans believed ensoulment occurred in the womb, usually around four to six months when the mother felt the fetus “quickening,” or moving. From then on, fetuses had a social presence and existed in a state of limbo until they could be baptized.
This attitude is visible in the archaeological record. Infants who died prior to baptism could not be buried in consecrated ground, although archaeologists such as
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