The crime of abortion in canon law : an historical synopsis and commentary / by Roger John Huser ...
1942
KBU22 .C36 v.162
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Title
The crime of abortion in canon law : an historical synopsis and commentary / by Roger John Huser ...
Imprint
Washington, D.C. : The Catholic University of America Press, 1942.
Description
xii, 187 pages.
Series
Canon law studies ; no. 162.
Formatted Contents Note
Part One: Historical synopsis
I. Ancient laws
1. Oriental laws
2. Greek laws
3. Jewish laws
4. Roman laws
II. Patristic writings and early conciliar legislation
1. Patristic writings
2. Early conciliar legislation
Introduction
Council of Elvira
Council of Ancyra
Canons of St. Basil
Council of Lerida
Canons of St. Martin of Braga
Trullan Synod
III. Canonical collections up to the twelfth century
1. Collections in the Eastern Church
Greek collections
Armenian and Syrian collections
2. Collections in the Western church through the ninth century
Italian collections
African collections
Spanish collections
Frankish collections
3. Collections in the Western church from the tenth to the twelfth century
Regino of Prum
Burchard of Worms
Ivo of Chartres
IV. Legislation from Gratian to Pope Gregory IX
1. Gratian and the Decretists
A. The Decretum of Gratian
Gratian's teaching regarding abortion
Gratian's teaching regarding homicide
B. The Decretists
C. The Glossa Ordinaria
2. The Decretals before Gregory IX
A. Compilatio I
B. Compilatio IV
V. From the Decretals of Gregory IX up to the Council of Trent
1. The Decretals of Pope Gregory IX
2. Teaching of the Decretalists
Regarding abortion
Regarding homicide
3. The time of animation
Summary of Decretal law
4. Conciliar laws
Particular councils
The Council of Trent
VI. From Sixtus V (1588) to the Code of Canon Law
1. From Sixtus V to Pius IX
A. Object of the crime
B. Subject of the crime
To procure abortion
To co-operate in abortion
C. Penalties for the crime
irregularity
Excommunication
2. From Pius IX to the Code of Canon Law
A. "Procurantes"
Notion of "Procurare"
What persons are called "Procurantes"?
Mandantes
Cooperatores et Mandatarii
B. "Abortum"
C. "Effectu Secuto."
Part Two: Canonical commentary
VII. Explanation of "to procure" abortion
1. The technical meaning of "to procure"
2. Intention and efficacious means
3. Further observations regarding the "procuring of abortion"
VIII. Definition and explanation of abortion
1. Abortion defined
2. Meaning of "ejection"
Refers to entire physical process of abortion
Final ejection need not be spontaneous
3. Meaning of "fetus"
True fetus
Living fetus
Human fetus
4. Meaning of "immature" fetus
Differentiation between abortion and premature birth
immaturity, absolute or relative?
Practical norm for determining viability
IX. Explanation of "Effectu Secuto"
Abortion must actually occur
Abortion must result from the means employed
Certitude
X. Embryotomy and removal of ectopic fetus
1. Embryotomy (Craniotomy)
2. Removal of an ectopic fetus
XI. Persons involved in the crime of abortion
1. Pre-code controversy regarding the mother
A. From Pope Sixtus V to Pope Pius IX
B. From Pope Pius IX to the Code of Canon Law
2. Complicity and co-operation in abortion
A. Regarding the censure
Co-agents incur the censure
Necessary co-operators incur the censure
Untenable opinions regarding co-operation
B. Regarding irregularity
XII. The results which Ipso Facto follow upon the crime of abortion.
I. Ancient laws
1. Oriental laws
2. Greek laws
3. Jewish laws
4. Roman laws
II. Patristic writings and early conciliar legislation
1. Patristic writings
2. Early conciliar legislation
Introduction
Council of Elvira
Council of Ancyra
Canons of St. Basil
Council of Lerida
Canons of St. Martin of Braga
Trullan Synod
III. Canonical collections up to the twelfth century
1. Collections in the Eastern Church
Greek collections
Armenian and Syrian collections
2. Collections in the Western church through the ninth century
Italian collections
African collections
Spanish collections
Frankish collections
3. Collections in the Western church from the tenth to the twelfth century
Regino of Prum
Burchard of Worms
Ivo of Chartres
IV. Legislation from Gratian to Pope Gregory IX
1. Gratian and the Decretists
A. The Decretum of Gratian
Gratian's teaching regarding abortion
Gratian's teaching regarding homicide
B. The Decretists
C. The Glossa Ordinaria
2. The Decretals before Gregory IX
A. Compilatio I
B. Compilatio IV
V. From the Decretals of Gregory IX up to the Council of Trent
1. The Decretals of Pope Gregory IX
2. Teaching of the Decretalists
Regarding abortion
Regarding homicide
3. The time of animation
Summary of Decretal law
4. Conciliar laws
Particular councils
The Council of Trent
VI. From Sixtus V (1588) to the Code of Canon Law
1. From Sixtus V to Pius IX
A. Object of the crime
B. Subject of the crime
To procure abortion
To co-operate in abortion
C. Penalties for the crime
irregularity
Excommunication
2. From Pius IX to the Code of Canon Law
A. "Procurantes"
Notion of "Procurare"
What persons are called "Procurantes"?
Mandantes
Cooperatores et Mandatarii
B. "Abortum"
C. "Effectu Secuto."
Part Two: Canonical commentary
VII. Explanation of "to procure" abortion
1. The technical meaning of "to procure"
2. Intention and efficacious means
3. Further observations regarding the "procuring of abortion"
VIII. Definition and explanation of abortion
1. Abortion defined
2. Meaning of "ejection"
Refers to entire physical process of abortion
Final ejection need not be spontaneous
3. Meaning of "fetus"
True fetus
Living fetus
Human fetus
4. Meaning of "immature" fetus
Differentiation between abortion and premature birth
immaturity, absolute or relative?
Practical norm for determining viability
IX. Explanation of "Effectu Secuto"
Abortion must actually occur
Abortion must result from the means employed
Certitude
X. Embryotomy and removal of ectopic fetus
1. Embryotomy (Craniotomy)
2. Removal of an ectopic fetus
XI. Persons involved in the crime of abortion
1. Pre-code controversy regarding the mother
A. From Pope Sixtus V to Pope Pius IX
B. From Pope Pius IX to the Code of Canon Law
2. Complicity and co-operation in abortion
A. Regarding the censure
Co-agents incur the censure
Necessary co-operators incur the censure
Untenable opinions regarding co-operation
B. Regarding irregularity
XII. The results which Ipso Facto follow upon the crime of abortion.
Note
"Biographical note": p. 177.
Dissertation Note
J.C.D. Catholic University of America 1942.
Bibliography, etc. Note
Includes bibliographical references (pages 157-169).
Location
rbsta
Call Number
KBU22 .C36 v.162
Language
English
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