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(DOWNLOAD) "How to Reverse Government Imposition of Immorality: A Strategy for Eroding Roe V. Wade (Symposium: Law and Morality)" by Harvard Journal of Law & Public Policy # Book PDF Kindle ePub Free

How to Reverse Government Imposition of Immorality: A Strategy for Eroding Roe V. Wade (Symposium: Law and Morality)

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eBook details

  • Title: How to Reverse Government Imposition of Immorality: A Strategy for Eroding Roe V. Wade (Symposium: Law and Morality)
  • Author : Harvard Journal of Law & Public Policy
  • Release Date : January 01, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 272 KB

Description

The topic of this Symposium is the relationship between law and morality. The essays in this volume adeptly explore the theory of this relationship, track its historical path, and address pressing legal and moral issues of our time. The very basics of law and morality, at least, should be relatively clear. All law worthy of obedience is rooted in morality. A regime whose law is not based in morality, like the regimes of Nazi Germany or Soviet Russia, is not one where the positive law deserves to be obeyed. To our good fortune and to the credit of our forebears, the laws of the United States, for the most part, are rooted in moral presuppositions. Indeed, very few would claim that the American legal regime is fundamentally immoral and ought to be overthrown, and I would not make such a claim myself. There is, however, one important respect in which our law is deeply immoral: its recognition of a constitutional right of women to have abortions. In the United States, we have not merely decriminalized or legalized abortion. We have made the legality of abortion a matter of individual constitutional right. In so doing, the American legal system has put its highest moral imprimatur on a loathsome procedure that ought to be at least discouraged by the law if not forbidden altogether. Roe v. Wade (1) was thus in my opinion not merely wrongly decided. It was also profoundly immoral.


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