By Carl Schmitt

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Although there may have been differing ideas about whether and when abortion should be allowed, therefore, these ideas were for the most part subsumed under binding declarations made by various Popes. As Marina Calloni notes, in the Middle Ages, abortion started to be condemned as culpable homicide and punished according to canon law. The fetus was in fact considered as a person, meaning a body supplied with a soul … [T]he Church adopted over the centuries two different approaches to this question: the idea of immediate animation and that of late animation.

He argues with reference to the Nazi lagers, for example, that: Whoever entered the camp moved in a zone of indistinction between outside and inside, exception and rule, licit and illicit, in which the very concepts of subjective right and juridical protection no longer made any sense … [I]nsofar as its inhabitants were stripped of every political status and wholly reduced to bare life, the camp was also the most absolute biopolitical space ever to have been realized, in which power confronts nothing but pure life, without any mediation.

This is the first half of the story of modern European abortion legislation. 13 By the 1960s, feminist movements had also adopted this post-Second World War language of rights and liberties in their efforts to de-criminalize abortion. ” As one scholar of the French process argues, when the Socialist Party (PS) won the 1981 elections, a change was presaged for women’s policy. The PS had undergone a transformation of sorts, when its own Secretariat des Droits des Femmes sponsored a congress for party delegates on women’s rights in 1978; a rewritten platform on abortion was just one result.

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