The pre- Roe legal framework: a dissecting study of the evolution of abortion laws and their socio-legal implications

Abstract

Introduction: The historical evolution of abortion laws in the United States reflects significant shifts in societal attitudes and legal frameworks, particularly concerning reproductive rights and maternal consent. Prior to Roe v. Wade, abortion was largely criminalised, but gradual changes in public opinion and legislation paved the way for liberalised abortion laws.

Objective: This study aims to examine the legal and societal developments shaping abortion laws in the United States from the early 19th century to the pre-Roe era, focusing on the interplay between public opinion and legislative milestones.

Methods: A historical-legal methodology was employed, analysing primary sources such as court rulings and statutes, alongside secondary literature. The research explores the evolving legal definitions of foetal personhood and maternal autonomy, contextualised within broader societal changes.

Results: The findings reveal a transformation in perceptions of abortion, from being viewed as a criminal act to a recognised right influenced by medical, social, and political factors. Legal frameworks increasingly reflected public support for women's autonomy, culminating in the Roe v. Wade decision.

Conclusions: This study provides historical context for contemporary abortion debates, highlighting how pre-Roe legal and societal changes continue to inform discussions on women's health, autonomy, and reproductive rights.

Keywords: Abortion laws; Pre-Roe era; legal history; legal reform; societal attitudes.