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Literature & Language
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Topic:

Texas Criminal Abortion Legislation

Essay Instructions:
Your essay should include the following: 1. A description of the archival item you have chosen—e.g. a speech given on a specific day with a specific purpose by a specific person 2. The point of view of the person who created the item—is the creator critical or celebratory? Is the creator an advocate for a proposition or a detractor of a position? And what aspects of the archival item have convinced you of the creator¡¯s point of view? 3. The social position of the creator—class, race, ethnicity, gender, rural/urban, region. Discuss how the social position influenced the point of view. 4. A discussion of what this archival item provides evidence for in the period in which it was produced. Try to enter the social and cultural period—what have you learned from reading course assignments and listening to lectures about that period that will help you write about this text? We have provided the acronym SPECIFIC to guide you through your analysis. S = social context P = political context E = economic conditions C = cultural values of the particular moment I = ideas that were circulating F = Feminine (or Masculine)—in other words, think about gender I = identity—race, ethnicity, religion, region C = critical perspective of the creator of the text you are studying Each letter stands for a factor that can be taken into account, and the word itself reminds us that historians are most persuasive when they point to specific information as they analyze material.
Essay Sample Content Preview:
Texas Criminal Abortion Legislation
In March 1970, a federal action was instituted against the District Attorney of Dallas County in Texas, US. This action instituted by Jane Roe, a single woman, attacked the Texas statutes concerned with the state’s criminal abortion legislation. The woman was unhappy with and was seeking a court injunction to halt enforcement of the Texas criminal abortion statutes, which she alleged were illegal. According to the Texas statutes, it is criminal to procure an abortion or to try one, except where this is by medical advice intended to save the life of the mother.
Jane Roe’s intention to go for abortion was because she was not married and perhaps being single, she might have anticipated an overwhelming burden if she sustained the pregnancy and gave birth. Roe intended to undertake an abortion, “performed by a competent, licensed physician, under safe, clinical conditions” (Harry Blackmun, Roe et al. v. Wade,, 1973). Since her life was not threatened by the pregnancy, the Texas statutes could not allow her to terminate her pregnancy. Roe could not afford to travel out of Texas to terminate pregnancy legally and safely. Because of this, she maintained that her right to personal privacy was being violated by the Texas statutes which she terms as unconstitutionally vague. The appellant blamed the Texas statutes for failing to observe the right of the pregnant woman, inherent in the personal liberty concept, which is contained in the bill of rights section of the constitution as protected by the fourteenth amendment.
To be able to critically evaluate this case, we consider what the reasons and interest of the state are in criminal abortion legislation. These laws have come into existence only recently and are aimed at safeguarding the pregnant woman’s life. The state is intereste...
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