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"We must obey God rather than men" (Acts 5:29): civil law and the moral law
68. One of the specific characteristics of present-day attacks on human life-as has already been said several times-consists in the trend to demand a legal justification for them, as if they were rights which the State, at least under certain conditions, must acknowledge as belonging to citizens. Consequently, there is a tendency to claim that it should be possible to exercise these rights with the safe and free assistance of doctors and medical personnel.
It is often claimed that the life of an unborn child or a seriously disabled person is only a relative good: according to a proportionalist approach, or one of sheer calculation, this good should be compared with and balanced against other goods. It is even maintained that only someone present and personally involved in a concrete situation can correctly judge the goods at stake: consequently, only that person would be able to decide on the morality of his choice. The State therefore, in the interest of civil coexistence and social harmony, should respect this choice, even to the point of permitting abortion and euthanasia.
At other times, it is claimed that civil law cannot demand that all citizens should live according to moral standards higher than what all citizens themselves acknowledge and share. Hence the law should always express the opinion and will of the majority of citizens and recognize that they have, at least in certain extreme cases, the right even to abortion and euthanasia. Moreover the prohibition and the punishment of abortion and euthanasia in these cases would inevitably lead-so it is said-to an increase of illegal practices: and these would not be subject to necessary control by society and would be carried out in a medically unsafe way. The question is also raised whether supporting a law which in practice cannot be enforced would not ultimately undermine the authority of all laws.
Finally, the more radical views go so far as to maintain that in a modern and pluralistic society people should be allowed complete freedom to dispose of their own lives as well as of the lives of the unborn: it is asserted that it is not the task of the law to choose between different moral opinions, and still less can the law claim to impose one particular opinion to the detriment of others.
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