Philosophy of Law Midterm Questions

1. Is abortion against natural law or not?

Yes. Life starts from the moment of conception; the termination of a pregnancy
through abortion is tantamount to the removal and deprivation of the right to life of
the unborn. In traditional natural law, all human beings are regarded as persons; it
recognizes the correspondence of humanity and personhood. In the case Roe v. Wade,
the Court did not recognize a fetus as a person when it allowed abortion during the
first trimester of a pregnancy or when rendered necessary by the state. This decision
gave the state power to regulate the sustenance or deprivation of life which is against
natural law that expressly provided limits of exercising such power.

2. Roe v. Wade: ruling on abortion

In the case Roe v. Wade, it was ruled that states may not ban abortion during
the first trimester of a pregnancy because the state has no interest or right to protect
the baby in that period. During the second trimester, the State may regulate abortion
if it is to protect the life of the mother. During the third or last trimester, the state may
restrict or ban abortion as the fetus nears the point where it could live in the womb.
In this trimester, the woman can obtain abortion if the state physician certifies it as
necessary to save her life or health

A womans right to terminate her pregnancy comes under the freedom of personal
choice in family matters as protected by the 14th Amendment of the US Constitution.

3. Is artificial birth control or RH law against natural law?

No. Artificial birth control is not against natural law. One of the five basic inclinations
of man according to St. Thomas Aquinas include the use of mans intellect and will to
know the truth and make his own decisions. When facts are established and man makes
a decision based on his conscience such reasoning is inherently good as it is instilled
by God, it aids man in arriving at conclusions reflecting the law of God. Another basic
inclination is the preservation of the species. In using his intellect by deciding to use
contraception, a man has prevented the conception of a life which he is knowledgeable
he cannot effectively sustain or preserve.

4. St. Scho: Issues about private and public morality

The case of Leus v St. Scholasticas College Westgrove (SSCW), petitioner who worked
at SSCW conceived a child out of wedlock. Her employment was soon after terminated
on the ground of disgraceful or immoral conduct. The Court, in finds that such is an
illegal dismissal for it was not a just cause for termination. This provides a view on
public or secular morality and private or religious morality. Public morality is
concerned with conduct that affects other individuals and society as a whole as well as
governed by externally imposed laws. Private morality is not of governmental or
 societal concern as it is based on personal or religious beliefs. Under the law, such
behavior by the petitioner is not enough to constitute disgraceful or immoral behavior
regardless of the belief of the respondent of the contrary. As apparent in the case of
Estrada v. Escritor, religious beliefs cannot play a role in the prosecution of an action
as the Court extends only to public or secular morality. If it is proven that such action
is of compelling state interest, that is only when a case concerning private morality can
be settled.

5. Mendoza v. Gomez: What SC said about actions against good moral?

According to Article 21 of the Civil Code acts which are against good morals or harmful
to the society when:
(1) There is an act which is legal;
(2) But which is contrary to morals, good custom, public order, or public policy;
(3) Done with intent to injure.

In the present case, Mendozas negligent driving and violation of traffic laws are not
legal acts and Mendoza was not proven to have intended to injure Perez. For this
reason, the Court did not grant moral damages to the respondents who have relied on
this article because the crime committed did not sustain elements provided by article
21.

*What article of the Civil code pertain to the stated custom?

ARTICLE 21