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9. Evangelium Vitae
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9 . E VA N G E L I U M V I TA E No magisterial text issued prior to 1995 by or with the approval of the Holy See can be cited as teaching that legislators can vote for restrictive abortion legislation. On this point there seems to be unanimous agreement. The correctness or otherwise of the widespread belief that the Holy See now teaches that such votes are permissible depends upon what is meant by a particular passage in one section (n. 73) of Pope John Paul II’s 1995 encyclical letter Evangelium vitae (EV 73). Another section, EV 90, is also cited as a subsidiary text. In this chapter I shall argue that what many people believe has been taught has not in fact been taught. Reading Evangelium vitae, nn. 73 and 90, in Context The two disputed sections, EV 73 and 90, being part of a larger text, must be understood, of course, within the context of previous magisterial teachings and of the encyclical as a whole. It is not legitimate to interpret these sections in such a way that they conflict with other parts of the encyclical or with other authoritative teachings. In particular, EV 73 is part of a treatise discussing the relationship between the moral law and civil law (EV 68–74: “‘We must obey God rather than men’ (Acts 5.29): civil law and moral law”). Some of the teaching of Evangelium vitae on the relationship between the moral law and civil law, in line with traditional teaching, has already been mentioned in earlier chapters, especially Chapter 2. I do not intend to repeat here the relevant teaching, which notes the distinction between laws “permitting” and “tolerating” moral evils, but I shall draw attention to just a few points. EV 71 emphasizes “a need to recover the basic elements of a vision of the relationship between civil law and moral law.” This is followed by two significant sentences: “Certainly the purpose of civil law [legis civilis of289 ficium] is different from and more limited in scope than that of the moral law. But in no sphere of life can the civil law .l.l. dictate norms concerning things which are outside its competence.” Within these two short sentences EV 71 raises three important points regarding: (i) the purpose of law; (ii) the competence of law; and (iii) law being that which “dictates norms.” First, it is noted that the role of civil law is more limited in scope than that of the moral law and so it does not need to prohibit everything that is immoral. However, it notes that there is a purpose of civil law. For St. Thomas Aquinas, the purpose is “the temporal tranquility of society, a purpose which the law attains by coercively prohibiting external acts to the extent that they are evils which can disturb the peaceful condition of society.”1 In line with this, EV 71 states: “the real purpose of civil law is to guarantee an ordered social coexistence in true justice, so that all may ‘lead a quiet and peaceable life, godly and respectful in every way’ (1 Tim 2:2).” The text continues immediately, “Precisely for this reason, civil law must ensure that all members of society enjoy respect for certain fundamental rights which innately belong to the person, rights which every positive law must recognize and guarantee. First and fundamental among these is the inviolable right to life of every innocent human being.”2 Any legislation, supported as “restrictive legislation,” that tolerates or permits some abortions fails to recognize and guarantee the innate and inviolable right to life that every positive law must recognize and guarantee. Were EV 73 to support votes for such restrictive legislation, it would be contradicting the pope’s teaching at EV 71. Second, EV 71 notes that some things are outside the competence of the civil law and accordingly beyond the competence of civil legislators. At a minimum, civil law cannot rightly violate the natural law or natural rights. A law permitting or tolerating even one abortion violates the natural right to life and is outside the competence of legislators. John Paul II teaches that it is “urgently necessary” to “rediscover those essential and innate human and moral values .l.l. which no individual, no 290 magisterial teaching and a conclusion 1. ST I-II, q. 98, a. 1. 2. EV 71. Emphasis added. [18.226.93.209] Project MUSE (2024-04-17 23:13...