Intellectual Foundations and Legal Means
Edited By Alexander Stepkowski
Judicial Interference in the Protection of Human Life – A Perspective from the United States
William L. Saunders*
Any system of “rights” built upon the denial of the very cornerstone of the entire concept of “human rights” – that is, the right to life of each human being simply because that being is in existence – is built upon a basic falsehood about the human person and about the nature of society. Such a system, in its very roots, denies the possibility of achieving the common good, which is the primary, legitimate aim of political/legal authority. Hence, when political authority fails in its obligation to protect life and, thereby, to create an essential condition for achieving the common good, all of society is imperiled. The unraveling of the rule of law and the undermining of mutual respect among citizens unfolds in myriad ways, some obvious and some subtle.
In this paper, I shall examine these general propositions in the situation in the United States by focusing on rulings of the Supreme Court of the United States in their social and bioethical context.
Political/legal system of the United States
I have three essential points to make and three conclusions to draw from those points. The first is this: to understand the experience in the United States, one must recognize that abortion was imposed upon the country by our Supreme Court. I used the word “imposed” intentionally to indicate that it was all but ultra vires manner in which it did so. I will demonstrate this...
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