Tag Archives: Hale
Dobbs Sentences #110: Part II B 3
Paragraph 4 of 11 Sentence 4 of 4 The final sentence of this paragraph contains at least two claims: “Moreover, Hale and Blackstone (and many other authorities following them) asserted that even a pre-quickening abortion was ‘unlawful’ and that, as a result, an abortionist was guilty of murder if the woman died from the attempt.” […]
Dobbs Sentences #109: Part II B 3
Paragraph 4 of 11 Sentence 3 of 4 There are a few tightly-bound claims in this sentence: “But as we have seen, great common-law authorities like Bracton, Coke, Hale, and Blackstone all wrote that a post-quickening abortion was a crime—and a serious one at that.” Here’s where we get into issues that annoy people who […]
Dobbs Sentences #77: Part II B 2 b
Paragraph 1 of 2 Sentence 3 of 3 There’s a lot going on in the next sentence: Manuals for justices of the peace printed in the Colonies in the 18th century typically restated the common-law rule on abortion, and some manuals repeated Hale’s and Blackstone’s statements that anyone who prescribed medication “unlawfully to destroy the […]
Dobbs Sentences #73: Part II B 2 a
Paragraph 7 of 7 Sentence 1 of 2 Two claims in this sentence: “In sum, although common-law authorities differed on the severity of punishment for abortions committed at different points in pregnancy, none endorsed the practice.” The claims separated: The first of these quotes seems to be true, but I’m going to need to dig […]
Dobbs Sentences #72: Part II B 2 a
Paragraph 6 of 7 Sentence 4 of 4 The claim in the next sentence is a continuation of the last one: “But a physician performing an abortion would, precisely because his aim was an ‘unlawful’ one.” We’ve looked at this citation before, but here it is again: “But if a woman be with child, and […]
Dobbs Sentences #71: Part II B 2 a
Paragraph 6 of 7 Sentence 3 of 4 Simple claim in the next sentence: “These other physicians—even if ‘unlicensed’—would not be ‘guilty of murder or manslaughter.’ Hale 429.” Those words do indeed appear in the passage indicated. Here it is transcribed from Hale: “If a physician gives a person a potion without any intent of […]
Dobbs Sentences #70: Part II B 2 a
Paragraph 6 of 7 Sentence 2 of 4 Just one claim in the next sentence: “And it is revealing that Hale and Blackstone treated abortionists differently from other physicians or surgeons who caused the death of a patient ‘without any intent of doing [the patient] any bodily hurt.’ Hale 429; see 4 Blackstone 197.” To […]
Dobbs Sentences #69: Part II B 2 a
Paragraph 6 of 7 Sentence 1 of 4 The next paragraph opens with a sentence that contains two closely-related claims: “Notably, Blackstone, like Hale, did not state that this proto-felony-murder rule required that the woman be ‘with quick child’—only that she be ‘with child.’ Id., at 201.” That’s simple enough. Here are the claims separated: […]
Dobbs Sentences #66: Part II B 2 a
Paragraph 5 of 8 Sentence 3 of 5 The next sentence provides some support for the current train of thought: “Hale wrote that if a physician gave a woman ‘with child’ a ‘potion’ to cause an abortion, and the woman died, it was ‘murder’ because the potion was given ‘unlawfully to destroy her child within […]
Dobbs Sentences #65: Part II B 2 a
Paragraph 5 of 8 Sentence 2 of 5 The next sentence is a quick stop, since it’s a single claim that will need support that it doesn’t provide itself: “Hale and Blackstone explained a way in which a pre-quickening abortion could rise to the level of a homicide.” I’m excited to see that explanation. For […]
Cynical Jason 