Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, May 23, 2007

Recent (Big) Book on "The Myths of Abortion History"

The new issue of First Things contains a review by Michael Uhlmann, online only for subscribers for now, of Villanova law prof Joseph Dellapenna's encyclopedic book challenging the very flawed account of abortion history adopted in Roe v. Wade.  I haven't read the 1,300-page book (!), but in articles Dellapenna and others have already presented copious evidence that, contra Roe, abortion was not viewed as a common-law liberty and that 19th-century abortion bans rested in significant part on a concern for fetal life and not simply on concerns about the dangerousness of then-existing procedures to women.  The review comments that despite his surname, "Dellapenna is neither a Catholic nor a pro-life activist.  He describes himself as 'a lapsed Unitarian' who supports 'unrestricted choice early in pregnancy' and 'carefully tailored' restrictions thereafter."  Seeting aside any jokes about "lapsed Unitarians" ... I too had assumed that Prof. Dellapenna was Catholic and pro-life and that one would just have to argue that often the effort involved in balancing a historical record requires someone with a substantive motivation (cf. the adversary system).  But although the book will ultimately stand on its merits (and any flaws), greater knowledge about the author's personal position should increase the book's credibility.

Tom

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