Trinity Law School Law Review - Spring 2015

Page 35

right to life becomes highly controversial. Once morality re-enters the realm of objective truth, then the opposing sides must admit that there is a possibility that they are wrong. If it is objectively true that all humans have a right to life and that all human fetuses are humans, then citizens have an objective duty to erect a government that preserves that right. If the above is true, then one can no longer say that the pro-life stance is merely a subjective notion of the good that citizens should not push on their fellow citizens. From the natural law position, the prochoice advocate must show either that not all humans objectively have the right to life or that which is in the womb during pregnancy is not objectively a living human. If the pro-choice advocate can do this, then women may have the right to have abortions, which further objectively obligates citizens to tolerate the practice. However, if the fetuses are objectively humans, then it follows that citizens should erect governments that defend the unborns’ right to life. This conclusion is true even if the mother herself does not subjectively believe that the unborn is fully human or has such rights. This truth becomes more uncomfortable in cases of rape and incest. This is because the human right to life objectively extends to all humans, even those who were conceived through immoral acts. While the notion of being wrong over issues of our deepest moral convictions is unsavory, one can also rest assured that the good is something that objectively exists. Moreover, one is assured that rights and duties are not arbitrary inventions. Finally, Natural Law is also consistent with the Framers’ original language from the position of Natural Law. There is no equivocation when reading the founding documents. Conclusion One of the implications of the current legal culture is that there are two forms of liberal democracy competing for power in America. One form is understood to be founded upon principles consistent with Natural Law that is consistent with theistic reason. The other form is founded on a secular social contract from behind a veil of ignorance. Both of these communities use the same language of the American Constitution, but they possess two constitutions in meaning. The result of this is political power plays that leave one of the parties marginalized and increasingly voiceless.

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