Incursiune în istoria sancţionării faptei de provocare a avortului până la începutul secolului XX. Aspecte de drept comparat
The legal regime of abortion until the beginning of the XXth century: comparative law.

Summary/Abstract: The problem of abortion is as old as human society. Along the time, what was different was the society’s opinion about abortion practices. However, despite the moral conception of a certain moment, people wanting to do an abortion have always sought a way to perform it. In ancient times, society was more permissive with abortion practices than recent eras. The oldest written law about abortion is a provision in Hammurabi Code, which stipulates that a person who caused an abortion had to pay a financial compensation. In ancient Greece, as Platon says in The Republic, abortion was actually a standard procedure if the mother was over 40 years old, and also if a couple had already too many children. Later, abortion was allowed only if it occurred before the moment when the fetus acquired a soul. This moment was considered to be the so called moment of “quickening”, which was the moment could feel the movements of the fetus. The beginning of Christianity brings a major turn, as society is no longer as tollerant with abortion as it was before. This conception would develop and would know extreme forms, with the absolute interdiction of abortion.

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