Post by ck4829 on Aug 9, 2022 4:11:20 GMT
Modern views on women absent in draft that would overturn Roe
To decide if the Supreme Court should overturn Roe v. Wade, Justice Samuel Alito asks for the conservative supermajority whether America has a historic tradition of providing abortion rights.
He concludes it doesn’t, citing Sir Matthew Hale.
“Hale and Blackstone explained a way in which a pre-quickening abortion could rise to the level of a homicide,” Alito wrote in his draft opinion, which leaked last week. “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 her.’”
Hale was a famous and well-respected judge from the 17th century who authored major legal treatises that are still regarded by historians as important sources of English common law. Like most other men from the 17th century, however, Hale also held views on women that would now be described as misogynistic. Not only did Hale lay the foundation for the common law marital rape exemption, which gives legal immunity to men who sexually assault their wives, but he was also known for inspiring the Salem witch trials.
“None of the judges in the Salem trials were trained lawyers themselves so what they did was they educated themselves about witchcraft trials by reading certain legal treatises and accounts of trials from England … so we know that one of the things they read was this work by Sir Matthew Hale called A Tryal of Witches,” said Mary Beth Norton, a historian at Cornell University who specializes in the Salem witch trials.
"A Tryal of Witches" is an account by Hale of proceedings he presided over in 1662 where two young girls were convicted of witchcraft and hanged. Hale was such a respected jurist at the time that his writing established two precedents that would later be used during the Salem witch trials.
www.courthousenews.com/modern-views-on-women-absent-in-draft-that-would-overturn-roe/
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Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
To decide if the Supreme Court should overturn Roe v. Wade, Justice Samuel Alito asks for the conservative supermajority whether America has a historic tradition of providing abortion rights.
He concludes it doesn’t, citing Sir Matthew Hale.
“Hale and Blackstone explained a way in which a pre-quickening abortion could rise to the level of a homicide,” Alito wrote in his draft opinion, which leaked last week. “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 her.’”
Hale was a famous and well-respected judge from the 17th century who authored major legal treatises that are still regarded by historians as important sources of English common law. Like most other men from the 17th century, however, Hale also held views on women that would now be described as misogynistic. Not only did Hale lay the foundation for the common law marital rape exemption, which gives legal immunity to men who sexually assault their wives, but he was also known for inspiring the Salem witch trials.
“None of the judges in the Salem trials were trained lawyers themselves so what they did was they educated themselves about witchcraft trials by reading certain legal treatises and accounts of trials from England … so we know that one of the things they read was this work by Sir Matthew Hale called A Tryal of Witches,” said Mary Beth Norton, a historian at Cornell University who specializes in the Salem witch trials.
"A Tryal of Witches" is an account by Hale of proceedings he presided over in 1662 where two young girls were convicted of witchcraft and hanged. Hale was such a respected jurist at the time that his writing established two precedents that would later be used during the Salem witch trials.
www.courthousenews.com/modern-views-on-women-absent-in-draft-that-would-overturn-roe/
---
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence
Samuel Alito mocks foreign leaders but cites a foreign jurist who believed in witchcraft and thought dreams were evidence