Abortion, Doctors and the Law. Some Aspects of the Legal Regulation of Abortion in England from 1803 to 1982

currently exists and offers an agenda for further discussion of this problem and its solution. In the United States, termination of pregnancy is an explosive subject. Many books and articles have analyzed the major changes in our abortion laws. There has, however, been much less written about the development of English law. This book by Dr. Keown studies abortion law in England during the extended period of 1803 to 1982. It also examines attempts by the medical profession to alter the law, and the effect of the modified regulation on those doctors and their practices. Lord Ellenborough's Act of 1803 was the first statute to expressly forbid abortion. The developing medical profession supported this limitation of their practice and continued to support further restrictions on abortion law from 1803 to 1861. The author presents evidence that doctors were motivated by an interest in maternal and fetal health, as well as by a wish to outmaneuver their "irregular" competitors. These commercial abortionists expanded their practice during the last half of the nineteenth century. Known as botanic doctors, they sold and administered drugs for "removing female irregularities and obstructions." Anti-abortion Acts passed during this period can be interpreted as an attempt to slow their growing trade in abortion. The apparent legal supremacy of fetal life, however, did not stop the expansion of therapeutic abortion as performed by regular medical practitioners. The accepted medical indications for therapeutic abortion gradually increased to include mental as well as physical health. The law did not reflect medical practice until 1938, when an obstetric surgeon actively sought prosecution. Dr. Bourne had performed an abortion on a girl of fourteen who had been raped. He then announced to the Chief Inspector, "I want you to arrest me." His trial clarified the law, although it also may have limited future interpretation. The Abortion Act of 1967 was a further relaxation of legal response to abortion. The medical profession significantly influenced the scope of its provisions and successfully defended against attempts to interfere with medical decision making. The author argues that this attitude has essentially led to abortion on request. Since 1967, attempts to restrict the Abortion Act have met with continued resistance by medical practitioners. The last chapters analyze the evolving attitudes of many doctors and present a theoretical overview of changes in abortion law. Abortion, Doctors and the Law is an excellent reference work for historians and scholars …