Changing Unjust Laws Justly : Pro-Life Solidarity with 'The Last and Least'

What can pro-life lawmakers rightly do when it is not possible to overturn laws permitting abortion? For many, the obvious answer is to restrict abortion as much as possible. Having previously accepted this answer, Colin Harte now challenges it. He describes the practical realities of campaigning to restrict abortion and explores various jurisprudential, legislative, and ethical aspects of the question. His over-riding concern is that attempts to restrict abortion typically exclude those unborn children who can be regarded as "the last and least"―notably those who are disabled or conceived after rape―and he argues that such exclusions violate the principle of solidarity. When John Paul II addressed the problem caused by the existence of a pro-abortion law, he taught that pro-life legislators "could licitly support proposals aimed at limiting the harm done by such a law" ( Evangelium vitae, n. 73). Harte argues that the pope is necessarily referring to just proposals aimed at limiting the harm and that unjust or "imperfect" legislation has not been approved. He argues that many interpretations of the pope's teaching are flawed because they do not not distinguish between just and unjust proposals that could limit the harm. The book describes the sorts of just proposals that the author thinks could be rightly supported, and argues that, in spite of good intentions, pro-lifers act unjustly if they support unjust restrictive proposals. Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally. Contents Preface Acknowledgments Introduction PART I. PRACTICAL REALITIES OF RESTRICTING ABORTION 1. A Denial of Solidarity General Features of Abortion Laws Legislative Campaigns to Prohibit Late Abortions Campaigning to Stop “Abortion on Demand” The Exclusion of Disabled Unborn Children as a Paradigm of the Denial of Solidarity Exclusions or Solidarity? PART II. A QUESTION OF LAW 2. Jurisprudential Options Revisited The Three Basic Jurisprudential Options The Seven Jurisprudential Options Legal “Permission” and Legal “Toleration” 3. The Problem of Intrinsically Unjust Laws Law: Justness and Unjustness Responding to Intrinsically Unjust Laws PART III. ETHICAL CONSIDERATIONS 4. Good Acts by Bad Acts? Material Cooperation and Side Effects Intentions and Consequences Veritatis splendor, n. 78, on the Moral Object An Analysis of Voting 5. A “Special Case” Consideration The Concept of “Anti-Abortion Politics” “Corrupted” Systems and Oath Swearing The Context of the Restrictive Law A Different Kind of “Special Case” A Return to the “Object” Form and Matter 6. Avoiding Ethical Inconsistencies The Lesser Evil The Principle of Totality The Law of Gradualness PART IV. LEGISLATIVE MATTERS 7. Identifying Just and Unjust Proposals Primary and Secondary Aspects of Abortion Laws A Typical Abortion Act A Range of Legislative Proposals A Consideration of Side Effects 8. Voting Opportunities The Unborn Children (Protection) Bill of 1980 The Unborn Children (Protection) Bill of 1982 The Abortion Bill of 1986 The Abortion (Amendment) Bill of 1992 The Abortion (Amendment) Bill of 1995 The Human Embryo (Protection) Bill of 2000 Voting Opportunities: A Summary PART V. MAGISTERIAL TEACHING AND A CONCLUSION 9. Evangelium Vitae Reading Evangelium vitae, nn. 73 and 90, in Context Understanding Evangelium vitae, n. 73 Questions Posed by Evangelium vitae, n. 73 Evangelium vitae, n. 90 Authoritative Clarifications of Evangelium vitae, n. 73 10. An Overview and Conclusion APPENDICES A. The UK Abortion Law Prior to the Abortion Act 1967 B. Abortion Act 1967 C. Abortion (Amendment) Bill (January 1988) D. Abortion (Amendment) Bill (May 1988) E. Section 37 of the Human Fertilisation and Embryology Act 1990 Bibliography Index "Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally."--Jacket

changing Unjust Laws Justly Is The First Book To Address Systematically The Practical, Legal, And Ethical Problems That Are Encountered In Well-intentioned Attempts To Restrict Abortion. It Will Be Of Considerable Interest Not Only To Political, Legal, And Moral Philosophers, But Also To Lawmakers And The Pro-life Movement Generally.