1. Application of Aquinas’ NL to abortion

2. AO1: Examine the application of Natural Law to abortion
Advice from Eduqas
Answers should focus on applying the theory rather than describing the issues
The issue works as a specified example of the theory in practice
Include all the technical vocabulary associated with the theory
Avoid describing the theory in isolation
Demonstrate understanding when there may be more than one possible conclusion,

3. What is abortion?
The removal of the foetus from the womb What is it’s legal status? 1967 – What law was introduced? 1990 – How was the law changed? How does it happen? Medical Surgical

4. What Biblical teachings is it based on?
“Honour God with your body”
1 Corinthians 6:19-20
The Latin phrase for ‘image of God’ is ’imago dei’. Catholic teaching stresses that humans were made imago dei- all humans are holy and should be protected and respected.
“Don’t you know that you yourselves are God’s Temple, and that God’s spirit lives in you”
1 Corinthians 3:16
Sanctity of life
This is the Christian belief that life is sacred and should be protected and respected at all times.
What Biblical teachings is it based on?
“So God created them in his own image”
Genesis 1:27
“God breathed into Adam the breath of life”
Genesis 2:4-7
“If we live, we live to the Lord, and if we die, we die to the Lord. Whether we live or die, we belong to the Lord”
Romans 14:8

5. These people are called “Pro- choice”.
Non-religious views
Some people believe that all life is sacred and that abortion should never take place. These people are called “Pro-life”.
They often go to extreme lengths to stop abortions taking place.
Some people believe that it is the Mother’s choice as to whether an abortion should take place.
These people are called “Pro- choice”.
Look at use of language

6. Key words: Use these words to summarise religious, law, pro-life and pro-choice views.
Birth
Consciousness
Ensoulment
Potential
Pro-choice
Pro-life
Quickening
Relational factors
Sanctity of life
Viability
The point at which the child is separated from the mother and becomes a separate entity.
Awareness of self
The point where the soul enters the body.
The possibility, at conception, of becoming a human person.
Supporting women’s rights to have abortions.
Against abortion.
Traditionally, when the child is first felt to move inside the mother.
Different interpretations of the same words/terms, depending on the view point of the observer. (Peter Vardy)
The belief that life is sacred or holy, given by God.
The ability to grow and develop into an adult, especially the ability of the child to exist without the dependence on the mother
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7. Application of Aquinas’ NML to abortion
Natural Law
Abortion

8. Which primary precepts are relevant to the issue of abortion?
Defend the innocent/ preserve life Reproduction

9. Summarise Howard Kainz: Conflicting precepts.
In the case of abortion, two other precepts are more relevant than there precept about the ‘preservation of life’ – That of the right to procreation and the right to nurture off spring.
What if the woman’s life was in danger; ‘Those who apply the first precept often make exception for situations threatening the life of the mother, since there is a conflict between two rights to life’
However Kainz, mentions rape; ‘of every woman has a right to conceive and procreate, and if this right implies that she has a right to make that choice voluntarily , no more infractions of that right than rape and incest can be complicated’
In other words, if one uses the principle of exception for the 1st precept, then you have to admit that the possibility of applying the two precepts of right to procreation and nurturing offspring (just as on has a right to preserve one’s life, one also that an equal right to preserve one’s choice to procreate) Rape violates this choice

10. Revealed virtues Faith Hope Love/agape Virtues? Fortitude Justice
Prudence
True and good course of action through;
Council – consideration of possible actions.
Judgement – picking a course of action.
Command – application of judgement.
This is the art of casuistry
Fortitude
Justice
Temperance
Revealed virtues
Faith
Hope
Love/agape

11. Virtuous behaviour
‘Christian principles may supersede considerations of conflicts of right related to Natural Law’ (Kainz) Sacrificing your life for your child, or raising a child regardless of the circumstances of conception, are classic examples of virtuous behaviour, what Kainz called ‘heroic virtue’ to ‘go the other mile’

12. Casuistry: Application of NML to abortion…
Does it fulfil the primary precepts?
Can it be considered a secondary precept that fulfils a primary precept?

13. What about…Double Effect? We have already studied this
Four conditions must be met if the action is to be morally permissible:
That we do not wish evil effects and make efforts to avoid them.
The immediate effect be good in itself.
That evil is not made to obtain the good effect.
That the good effect be as important (proportionate) at leave as the evil effect.

14. Double effect…
The doctrine of double effect does permit death of the foetus, but only as a by-product of another act i.e. the intention was not to kill the foetus. E.G. Giving a woman life saving treatment (chemotherapy) when it would lead to the death of the foetus.

15. So can we apply these ideas?...
Interior and exterior Acts?
Real and apparent goods?

16. What do you think?
“The basic argument against abortion, on which all others build, is that the unborn child is already a human being, a person, a bearer of rights, and that abortion is therefore murder”
(Mackie)

17. Apply Aquinas’ Natural Law to the issue of abortion. 20 marks
Abortion is the termination of pregnancy. Available on the NHS if certain conditions are met. Types of abortion.
Link to Primary Precepts – preserving innocent life and reproduction – therefore abortion is inherently evil.
Link to virtues and four levels of law – ‘do not kill.’
Link to real and apparent goods
Link to interior and exterior acts
Link to the issues of when does life begin, sanctity of life and quality of life.
Kainz – other precepts (right to procreation and right to nurture offspring) and virtues (nurturing a child after rape, ‘going the extra mile.’
Casuistry – ‘case by case’
Doctrine of double effect – does permit death of a foetus, but only as a by-product of another act – when