### The Legal Framework of Abortion in the United States and Japan

**1. Introduction**

Abortion, a deeply contested issue, is governed by significantly different legal frameworks in various countries. This document explores the legal context surrounding abortion in two distinct nations: the United States and Japan. Each country has its own unique approach to the matter, influenced by societal values, religious perspectives, historical developments, and legal precedents.

**2. Abortion Laws in the United States**

**2.1 Early Legal Context**
Historically, abortion was governed by individual state laws in the United States until the landmark Supreme Court decision of Roe v. Wade in 1973. Prior to this, many states had restrictive laws that banned abortion except under specific circumstances deemed necessary to save the life of the mother.

**2.2 Roe v. Wade (1973)**
The Roe v. Wade decision was pivotal in U.S. history, establishing that the Constitution protects a woman's right to choose an abortion. The Court ruled that a state law that banned abortions except to save the life of the mother was unconstitutional under the Fourteenth Amendment, which guarantees the right to privacy in personal decision-making. The decision required states to permit abortions during the first trimester of pregnancy and allowed states to place restrictions in the second trimester to protect women's health.

**2.3 Planned Parenthood v. Casey (1992)**
This Supreme Court decision reaffirmed Roe but also adjusted the framework for assessing state regulation of abortions by introducing the "undue burden" standard. It held that states could enact abortion restrictions as long as those restrictions did not create an undue burden that placed a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.

**2.4 Dobbs v. Jackson Women's Health Organization (2022)**
The overturning of Roe v. Wade by the Dobbs decision marked a significant shift in American legal standards regarding abortion. The Dobbs decision declared that the right to an abortion was not constitutionally protected, thereby returning the authority to regulate abortion to individual states. As a result, several states have enacted laws significantly restricting or outright banning abortions.

**3. Abortion Laws in Japan**

**3.1 Early Legal Context**
In Japan, abortion has been regulated under a combination of health and criminal legislations. Traditionally influenced by both indigenous beliefs and the impact of Westernization during the Meiji era, Japan developed a complex relationship with abortion.

**3.2 Criminal Code and Maternal Protection Laws**
The Japanese Penal Code initially criminalized abortion upon its adoption in the late 19th century. However, the reality of unsafe abortions and the public health issues they caused led to the enactment of the Eugenic Protection Law (later renamed the Maternal and Child Health Law) in 1948, which allowed abortion under certain conditions. These conditions included economic hardship and physical health reasons, which needed approval from a physician and compliance with procedural requirements.

**3.3 Current Regulations**
As of January 1, 2021, Japan has continued to regulate abortion under the Maternal and Child Health Act. This legislation allows abortion for economic and health reasons up to 22 weeks of pregnancy. The law also mandates a system of protections and regulations around abortion, including spousal consent, which has been a topic of debate among women's rights groups. The criminal code remains in effect but is largely superseded by the provisions of the Maternal and Child Health Act where it pertains to consensual abortions conducted within the legal requirements.

**4. Conclusion**

The legal frameworks governing abortion in the United States and Japan showcase markedly different approaches. While the U.S. has moved from a federal constitutional protection of abortion rights to allowing states to set their own regulations (post-Dobbs), Japan maintains a more consistent national policy where abortions are permitted under specific circumstances regulated by health and criminal statutes. These differences underscore the complex interplay between law, society, and individual rights in the domain of reproductive health.