Preview

Arguments Against Abortion Law

Good Essays
Open Document
Open Document
1842 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arguments Against Abortion Law
Introduction
While some countries have legalized abortion, some have upheld the prohibition of such medical services. Modern society is divided between two major stances on abortion: pro-choice and pro-life. Some claim that forbidding abortion infringes upon a woman’s right to her own body while others argue that abortion is murder and should be illegal. As governments establish laws dictating the legal status of abortion, the issue is not simply whether or not abortion is right but rather whether or not law can govern such a matter as abortion.
St. Thomas Aquinas writes in Question 96 Articles 2 and 3 of his Treatise on Law that human law is limited by its end, its authority, and its subjects. Law, in general, must be ordered to the common
…show more content…
The third characteristic mandates that the author of the law be a public authority. Aquinas argues that the people should make laws since “ordering things to ends belongs to those to whom the ends belong” (Regan, 14). However, it is impractical to extend the power of making laws to the whole community. Making laws would become a longer process because one would need to take every individual’s opinion into account. Thus, public authorities, who have the power to act for the common good of the community which they rule, should be the makers of law. Law commands a certain way of life that public authorities have the power to induce. Lastly, all laws must be promulgated, for without promulgation, law would not fulfill its purpose. In order for any law to be able to fulfill its innate power of commanding and forbidding, it must be applied to its subjects. Through promulgation, laws are made known and thus applied to its subjects. The promulgation of law consequently allows for law to fulfill its …show more content…
Natural law, although it does not demand perfect justice, is a reflection of the eternal and divine law as appropriate to the nature of its subjects. It is demonstrated through rational creatures who operate on their own reason and will in accordance with nature under the governance of eternal law. All rational creatures hold knowledge of the natural law because it is bestowed in their minds by God. Natural law, because it rules rational creatures, is based on the self-evident principles of practical reason to order ist subjects to their ends. As the first principle of practical reason is the nature of seeking good, “the first precept of natural law is that we should do and seek good, and shun evil” (Regan, 43). The precepts of natural law also reflect the rational creature’s natural inclinations. As all living things naturally seek to remain alive, the preservation of life and the production and upbringing of offspring are precepts of the natural law. Furthermore, man, by nature of being a rational creature, seeks to pursue truths about God and to live in society with others. This list of natural law’s precepts is not exhaustive, but, like the ones listed, all precepts of natural law relate to the natural inclinations of rational creatures (Regan,

You May Also Find These Documents Helpful

  • Good Essays

    The law is an intricate system of principles that regulate the activity of citizens and enforce sanctions through imposition. This order was developed through a legal evolution that many individuals fail to recognize due to disinterest in history. In order to comprehend the current state of law, one must refer to the past as it enables individuals to appropriately analyze the future. The Magna Carta and The Quebec Act are key developments that played a vital role in the just formation of law in modern society.…

    • 435 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Economics Quiz

    • 899 Words
    • 4 Pages

    Which of the following is not an example of St. Thomas Aquinas’ requirements for a law to be just?…

    • 899 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Law is good. Man, in his needs, has different motivations for law in his society. His secular needs require striving for justice, social stability and punishment. However, in the area of religious influence, law should promote morality so that believers can get close to god or be separated and condemned by god. As man and society evolves, the purpose of law has remained the same – to punish and deter.…

    • 878 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Natural Law is a deontological theory of ethics. According to Thomas Aquinas it is absolutist and depends on the idea that God created everything with a purpose and supreme good is found when that purpose is fulfilled. For Aristotle, who heavily influenced Aquinas’ ideas, he believed that supreme good for humans is happiness. Thomas Aquinas agreed with Aristotle, but saw a human’s supreme purpose to be perfection.…

    • 343 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Thomas Aquinas proposes a number of laws that exist in the world. He believes that God is responsible for eternal law. Aquinas points out that eternal law the way the universe is structured. He understands that a rational being must exist, who is responsible for the structure of the universe, and that rational being must be God. This category of law applies to all things in the universe ranging from rocks to human beings. All of these things have natural tendencies that…

    • 1257 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The original concept of Natural law was thought of by Aristotle and was then adapted by Thomas Aquinas to fit the teachings and views of the Roman Catholic Church. Who was concerned with moral law of how human beings should behave .It is understood by reflecting on human nature and by rationally working what will lead to fulfilling your purpose. According to natural law “good” can only be achieved when the subject has fulfilled its end purpose, the end purpose of human beings is to be rational and achieve Eudemonia. Eudemonia is human flourishing, when they achieve happiness. Aquinas also believed natural law was in everyone, so everyone is good. Human’s unconsciously aim for perfection, to avoid evil and aim for god. Because we are made in god’s image, we are unable to knowingly go for evil. As Animals and humans share desires and wishes it’s only the ability to be rational that separates the human beings from the beasts. Aquinas also believed that the only way to discover divine design in nature, would be through human reason. The divine design was created to the essence/the idea before its actual existence. So the only way reason discovers what is right, is by interpreting nature.…

    • 1069 Words
    • 5 Pages
    Good Essays
  • Good Essays

    As defined by the Philosophical Dictionary, the Natural Law Theory is "In moral philosophy, a norm, custom, or set of beliefs shared by people living in different cultures or eras. Such a “law” is supposedly derived from Nature (via reason or some other natural human faculty) and is considered binding on all humans everywhere. Ancient Stoicism, for example, held that there are eternal laws that govern all human actions and that happiness depends on recognizing and living in harmony with these fundamental “laws of nature.” Similarly, Aquinas argued that God established a set of universal laws – ascertainable through reason alone (hence available to everyone, regardless of their religion) – that operate for the welfare and benefit of all creatures.”…

    • 197 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    In the Treatise on Law, Aquinas concerns himself with the origins of law. He wants to know the source of the obligation that law imposes. The questions are these: “By what warrant does the human legislator bind the consciences of people? Doesn’t this power belong to God alone? If people possess it, what are the limits within which they may exercise it?”…

    • 2039 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Abortion is a term used for the termination of the pregnancy by removing of the embryo or the fetus from the uterus of a woman. The abortion takes place in two ways. It can be induced abortion or it can be spontaneous abortion. In the induced abortion, the pregnancy is aborted intentionally, but the spontaneous abortion take place of its own due to some natural or accidental reasons. But whatever be the reason, the word abortion is always a burning issue in the society and politics. In the United States, abortions were legalized after the case Roe v. Wade, 1973 ruled that laws banning abortion were unconstitutional. Since then, groups supporting the right to abortion (“pro choice”) and groups against abortion (“pro life”) have continued to have ideological battles over which argument should be the law of the land. However, a woman is best capable of deciding whether or not she is able and willing to care for a child. Thus, she should similarly be able to decide whether or not she wishes to terminate an unwanted pregnancy.…

    • 1181 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The law is the objective leader which dictates one’s behavior. Not decisive is his personal relation to the…

    • 617 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It is hard to find a single definition for the word “abortion.” Dictionary.com states that an abortion is also called voluntary abortion and it is the removal of an embryo or fetus from the uterus in order to end a pregnancy. However, google states that an abortion is defined as the deliberate termination of a human pregnancy, most often performed during the first twenty-eight weeks of pregnancy. On the contrary, Merriam Webster defines an abortion as a medical procedure used to end a pregnancy and cause the death of the fetus. Just reading these definitions begin the argument of whether or not abortion should be legal and if it is “morally” right. Abortion has become a popular topic of discussion across politics and within churches. Although both sides have valid arguments, it is up to the woman carrying the child to decide whether she will keep the child or not. No government, nor religion should force someone into making a decision they weren’t fully supportive of.…

    • 1240 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Over the past decades, women in America have been fighting for their rights. For example, on the 18th of August in 1920, women were granted the right to vote. Although women have gained many rights, they still today are fighting to keep their right to aborting a fetus within them. Many individuals see underlying issues with suppressing abortion. Abortion may cause more of an advantage than harm.…

    • 355 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Abortion Vs Government

    • 1126 Words
    • 5 Pages

    The issue of whether or not abortion should be illegal has been a challenge in America for many years. It’s caused a divide between Americans-those who are prolife, and those who are prochoice. Those who are prolife feel abortion should be illegal in order to save the lives of babies. Those who are prochoice believe that the government shouldn’t have the right to make any decisions regarding a woman’s body or health. Many facts prove that abortion should be a personal decision made between the woman and her doctor based on her health and the impact this would have on her life.…

    • 1126 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Pufendorf's Duties

    • 140 Words
    • 1 Page

    The first component of law that must be explained is duty, namely, what it is and how it is derived? According to Pufendorf, duty is that which rational agents “must do, as [as to be] morally good, and what must not do, as [to not be] morally bad” (158). For Pufendorf, all duties come from into at least one of three sources: divine authority, civil contracts, or natural reason. First, divine duties are duties that come from God. Such duties are derived from the will of God as revealed to man in Holy Scripture. Second, civil duties are derived from contracts or agreements between rational agents. Such agents agree to duties to being placed upon them in exchange for the benefit of living in civil society. Yet, perhaps the most important duties…

    • 140 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Legal Aid

    • 11352 Words
    • 46 Pages

    Law is a gift of god and a decision of sages.[1] It has two great objects to preserve order and to do justice: and the two do not always coincide. Plato expressed that equity is a necessary element supplementary to the imperfect generalization of legal rules.[2]…

    • 11352 Words
    • 46 Pages
    Powerful Essays