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Please, sample sections of the treatise. Feel free to email your questions, or order today. Introduction The Right Man For This Treatise By Dave Racer " We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights; that among these are Life, Liberty, and the Pursuit of Happiness..." The American Declaration of Independence, 1776 America's founding fathers were, for the most part, men of Christian faith. They were serious men of medicine, history, science, philosophy, and the law. Among the signers of the Declaration were: Benjamin Rush, a medical doctor; Benjamin Franklin, who became known as much for his scientific experiments and inventions as his wide range of political and governmental achievements; James Wilson, a classical scholar and teacher before becoming a lawyer who became one of the original members of the United States Supreme Court; John Witherspoon, who served as the President of Princeton University, but by training was a pastor. These four founding fathers, then, represented medicine, science, law and theology. Read the entire Introduction. Preface This treatise is designed to be a definitive work on the legal status of abortion in America based on the common law it adopted from England and the necessary relationship it bears to the unalienable right to life of a human being. To achieve this ambitious goal a comprehensive research effort was undertaken including a diligent study of the development of the common law governing abortion from the legal, historical, ecclesiastical, Biblical, religious, biological (and medical), political, and cultural standpoints and the bearing each had in the formulation of the precedents established. Utilizing the information gathered from each of those sources, the actual common law precedents as they were originally established and then perpetuated are documented, supplemented by comments to explain significant relationships, clarify points, or to emphasize some aspect of the law. Only prime sources of enactments, decrees, or declarations were held to be acceptable. This requirement eliminated bias based on private interpretation. Read the entire Preface. Section I A Human Life = A Human Being = A Person The basic unit of all life is the cell. Human cells are different from plant or animal cells. At conception, unique cells — a human sperm and a human ovum — unite to become a human cell and, therefore, being the unit of life, a priori, a human life. Even primitive and ancient societies, before the discovery of the cell, recognized the distinction between vegetative life, animal life, and human life. A sperm, a unicell, has life, but does not possess the genetic code of Homo sapiens, and, although, it may potentially lead to human life, it is not existent human life. The ovum, a unicell, has life but does not have the genetic code of Homo sapiens, and, although, may potentially lead to human life, it is not existent human life. When the sperm and ovum unite in conception a zygote — a unicell — is formed. This unicell has life, but it also carries the Homo sapiens genetic code. Thus, it is human life. The individual human being begins with the formation of the zygote. In the case of identical twins, each individual begins at the time each zygote fails to divide into further zygotes; each zygote results in distinct human beings for each new zygote formed, marked from the time that further zygotes cease to be created by further division. Read a longer sample of Section I. Section II Introduction The foregoing discussion in Section I was devoted to the task of demonstrating what constitutes human life, a human being, and personhood. Thus, the human being within the uterus of the woman from the moment of fertilization until birth is a human life and person entitled to protection from being killed or injured. It is now worthwhile to identify the controlling principles under ancient and common law that confirm these truths, and the illicit nature of abortion, which constitutes the destruction of a human being. It is the common law that binds American jurisprudence in ruling on abortion issues. Ancient law is cited to demonstrate conclusively how longstanding and sweeping has been the recognition that abortion is a contemptible act, and to show how deviant and bizarre the recent rulings have been which, in only the past few years, have permitted this savage slaughter of human beings without penalty — even going so far as to call it a right!! Ancient Laws And Customs In the historical and apocryphal works, dating back thousands of years B.C., we find that human life was considered to be sacred from the moment of conception, and that prevention of that life or its destruction in utero was continuously condemned in an unbroken chain of laws and precedents comprising the common law inherited by America. Even in pagan, uncivilized, and barbaric societies this sacredness of human life was recognized. Read a longer sample of Section II. Section III An Analysis Of Roe v. Wade General There were many defects in the crafting of the majority decision of the U. S. Supreme Court (hereinafter, The Court) in the Roe v. Wade case. By dissecting their reasoning and scholarship, those various flaws can be advantageously brought to light. One of the most glaring defects in The Court's review and evaluation of the law of abortion was its omission of reference to the earliest common laws established in the 7th and 8th Centuries by Archbishops Theodore and Ecgbert, the early Catholic Church councils, and Anglo-Saxon kings. The precedents established at that time are indispensable, essential, and perpetually binding, so it is obligatory to include them in determining the scope and control of the common law regarding abortion. It was a culpable obligation on the part of the court to include those precedents in its decision-making process. Its failure to do so was a fatal error on its part, erasing any validity for the conclusions it arrived at. This defect on the part of the court is of vital importance because any interpretations of later laws cited by such authors as Bracton, Fleta, Hawkins, Coke, or Blackstone must be interpreted so as to be in harmony with those earlier common law precedents! Read a longer sample of Section III. |
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