Wednesday, November 20, 2024

John T. Noonan on Ancient Beliefs Concerning Conception and Gestation

  

THE CHRISTIAN MEANING OF “HOMICIDE”

 

If this desire to protect life is understood, the significance of the terms in which the Christian writers criticize contraception is illuminated. It will be found that the words applied to contraception are “parricide,” “rose than murder,” “killing a man-to-be.” One might think that these terms either reflect an erroneous biology which identifies man with the seed, or show that he writers are not speaking of contraception at all. Neither alternative is correct. The Christian writers are using this language rhetorically and morally, just as rhetorically and morally, they attacked abortion as homicide or parricide. A review of (a) the relevant theories of classical biology, (b) the leading theories on ensoulment of the fetus, and (c) Roman legal terminology confirms this conclusion.

 

Classical biology. Three theories of procreation existed, all of them assigning the major role in procreation to the male seed. According to Aristotle, the male seed was the active form; the female menses provided the passive matter on which the form worked (Generation of Animals 1.20, 9729a, 2.3, 737a). The view was general in the Roman world that the male seed combined with the female menses to make a fetus. It is asserted by Jerome (On Ephesians 5.30) and by the Book of Wisdom (Wis 7:2), and of Lactantius (The Worker of God 12.5). The theory is assumed by Clement of Alexandria (Pedagogus 1.6.39; GCS 12:113). The theory in its strict Aristotelian form gives the male seed the shaping role. In the looser way in which it became popular in the classical world, the theory drops the philosophical contrast between form and matter, and the female contribution seems more important. But the male seed has a kind of primacy.

 

A second theory, held by many Stoics, was that the male sperm contains moisture and “pneuma.” In the uterus this pneuma combines with the pneuma of the woman, so that the soul of the embryo springs from both parents, but the body only from the father’s seed. A third theory omits any reference to the pneumatic contribution of the woman. The uterus is merely a depositary for the male seed. This appears to be the view of Soranos, who defines “conception” as “the prolonged hold on the seed or an embryo or embryos in the uterus from a natural cause (Gynecology 1.12.43). This theory accords with Soranos’ frequent comparisons of the act of procreation to the sowing a field (e.g., ibid. 1.35.6, 1.36.1): a seed is deposited, which gets nourishment from the soil or mother, but which is only being fed, not taking substance form its depository. The Stoic agricultural metaphor on intercourse, adopted by Philo and later Christian writers, reflects this theory.

 

If a Christian writer adopted Soranos’ view, as Tertullian does in The Soul, he would have reason to invest the male seed with special significance. Under the other theories he would have had a general notion that male seed as important. But under no theory was the male seed itself equal to a “man,” for under no theory was it maintained that the seed already had a soul.

 

Theory on ensoulment. That no classical writer literally identified semen with man is clear from a consideration of the leading theories on ensoulment.

 

In Aristotle, a fetus becomes human forty days after conception if the fetus is male, ninety days after conception is the fetus is female (History of Animals 7.3). A similar view may underlie the prescription in Leviticus 12:1-5 that a woman must spend forty days in becoming purified if she has given birth to a boy, eighty days if she has given birth to a girl.

 

Divergent theories apparently underlie two versions of an Old Testament verse. In Exodus 21:22, according to the Hebrew text, is a man accidentally causes an abortion, “life is given for life” only I the mother dies; the death of a fetus is not treated like the killing of an adult human being. It seems to be supposed that the fetus is at no point a man. In the Septuagint version of Exodus 21:22, the text prescribes the penalty of “life for life” if the embryo is “formed.” By “formed” may be meant what Aristotle means. This view is adopted by Philo. A third theory appears in Tertullian. He argues that the embryo after conception has a soul, and that it is a man (homo) when it attains its final form (Tertullian, The Soul 25.2, 37.2).

 

Jerome’s translation of the Old Testament followed the Hebrew in Exodus 21:22 and opened the possibility of treating the fetus as at no point of development human. The prevailing Christian understanding, however, seems to have followed the Septuagint in distinguishing between an unformed and formed stage. This view was evidently held by Jerome himself. Writing on another question to Algasia, one of his many female questioners, he notes, “ . . . seeds are gradually formed in the uterus, and it is not reputed homicide until the scattered elements receive their appearance and members” (Epistles 121.4; CSEL 56:16).

 

Augustine reflects the continuing controversy among Christians; commenting on Exodus 21 in a version based on the Septuagint, he says,

 

Here the question of the soul is usually raised: whether what is not formed can be understood to have no soul, and whether for that reason it is not homicide, because one cannot be said to be deprived of a soul if one has not yet received a soul. The argument goes on to say, “But if it has been formed, he shall give soul for soul” . . . If the embryo is still unformed, but yet in some way ensouled while unformed . . . the law does not provide that the act pertains to homicide, because still there cannot be said to be a live soul and in a body that lacks sensation, if it is in flesh not yet formed and thus not yet endowed with senses.

(On Exodus 21.80, CSEL 282:147)

 

It is abundantly clear from these discussions that the most anyone contends is that ensoulment occurs at conception: the dominant view is that the fetus becomes a man only when “formed.” The moment of formation appears to be the forty-day period set by Aristotle for males, and the eighty-day period suggested by Leviticus for females. In the light of such views on the fetus, no one could have confused the seed with a man or meant to say that the destruction of the seed was literal homicide.

 

The Roman terms for murder. In the second and third centuries, purricidium was the aptest word to use if intentional unlawful killing of a relative was being alleged. Paricidium was the specific term for the unlawful killing of a close relation such as a parent or brother. IT did not apply to the killing of a fetus or newborn infant by its parent.

 

When the second- and third-century Christians apply the term “parricide,” then they do so in a conscious effort to enlarge the legal meaning to condemn what they believe is morally wrong. Thus Tertullian, who is particularly sensitive to legal nuances, does not hesitate to call parricides parents who kill their own infants (Apology 9, CSEL 69:23-27). Similarly Lactantius treats parents abandoning their infants  as parricides (Divine Institutes 6.23.10, CESL 192:556). It is entirely in keeping with this approach to treat the users of contraceptives and abortifacients as parricides or homicides. The description is neither biological nor legal, but moral. The essential Christian position is put by Tertullian in an attack on pagan abortion: “To prohibit birth is to accelerate homicide, nor does it matter whether one snatches away a soul after birth or disturbs one as it is being born. He is a man who is future man, just as all fruit is now in the seed.” (Apology 9.8, CESL 69:24) The protection of life leads to the prohibition of interference with life at the fetal stage. It is only one stop to extend this protection to the life-giving process.

 

The need to protect life, the need to defend procreation—these are the needs which guide the development of Christian thought on contraception. The impetus which leads to the adoption of the Stoic-Jewish rule on procreative purpose and the impetus which leads to the treatment of destruction of the fetus as homicide or parricide produce the condemnation of contraception. (John T. Noonan, Jr., Contraception: A History of Its Treatment by Catholic Theologians and Canonists [New York: Mentor-Omega, 1965], 116-19)

 

 

 

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