Infanticide Legal Perspective

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Infanticide in a Legal Perspective:
Until the fourth century, infanticide was neither illegal nor immoral. [23] Complete parental control of the father over the life of his child was dictated by both early Greek and Roman laws. Patria potestas refers to the power of the Roman father to decide the fate of his child.
Legal sanctions formed against infanticide were introduced in the fourth century as Christianity created secular laws. The Roman emperor Constantine, a Christian convert, declared the slaying of a child by the child's father to be a horrendous crime. Infanticide was punishable via death penalty by the end of the fourth century. Because of this, by the Middle Ages, infanticide was not accepted by the church nor state in Europe. [24] However, as a result of hard times and a high illegitimacy rate, infanticide was, by far, the most common crime in Europe from the Middle Ages to the end of the eighteenth century.
During the Renaissance period, the criminal justice system took a strong position against infanticide. Widespread poverty and political unrest throughout Europe resulted in high infant mortality rates. Legislation in France demanded the death penalty for mothers convicted of this crime. [25]
Twenty first century America has determined that infanticide is homicide. Depending on the state laws,
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The first foundling home was opened in 787 C.E. in Italy. [26] Foundling homes were opened across Europe, quickly filling to capacity. Putting a child in a foundling home was basically equivalent to infanticide. In Dublin, the foundling hospital had a basket placed at the front door to provide parents a sense of anonymity as they deposited their unwanted children. Around 85 percent of infants placed in these homes died as a result of improper care. The orphanages in twenty-first-century China have striking similarities to these early foundling

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