Freedom of choice leads to 'chaos'; life crucial choice
Some additional comments with
regard to the letters of Irv Nelson and
Elizabeth Millar (DN, Jan. 24), on
abortion and choice issues seem in
order. I found the argument put forth
by Mr. Nelson quite compelling yet
incomplete and inconsistently applied.
Specifically, his claim that “choice
and life are not mutually exclusive! ”
seems inconsistent with the theme of
justice he introduced in the letter. Ms.
Millar’s letter seems to reflect (under
standably) the general confusion held
by many with regard to the morality
of this issue and others we face these
Qninifin,
-^•t^Mreader I—
days. The implication of her letter
seems to be that one choice is as good
(or bad) as another. This form of
morals has essentially rejected any
recognition of a “right” response to
this dilemma, thus reducing the argu
ment to mere opinion which relegates
“rightness” to a personally estab
lished and judged matter.'
nopeiuny, runner exploration 01
the principle of justice would help in
this struggle which many of us feel
when dealing with the moral issues
wc face today. The principle of jus
tice presumes that right and wrong
can indeed be determined in a matter.
It is the basis of law. Significantly, it
is foundational to our system of gov
ernment that a Law Giver established
“certain truths to be self-evident:...
,” ultimate truths in which govern
ment is to establish and ensure to all
persons. Therefore, the role of gov
ernment is to act for and consistent
with these truths in the temporal realm
with regard to the dispensing of jus
tice.
Justice, in essence, requires that
persons must “justify” or give rea
sons for their actions. Government
bodies (our court system) weighs these
reasons against the “acceptable”
reasons derived from the fundamen
tal standards of justice and render
judgment accordingly. For example,
killing someone may or may not be
considered murder. It depends upon
the reasons given. Generally, sclf
dcfcasc is viewed as a legitimate reason
for killing. To kill in order to get
someone’s purse or wallet is not. Lady
Justice is not blindfolded because she
can’t bear to sec, but to ensure that
justice is impartial, based solely upon
the “reasons” given by the persons
before her.
A person who assaults and kills
another driver in an intersection be
cause he has the “legal” right-of
way would be hard pressed to ‘ ‘jus
tify” his actions. No one would argue
his claim that his legal rights were
being constrained by die other driver;
that his “choices” were being frus
trated. It would be found, however,
that his reasons were insufficient to
justify his actions and his actions would
be judged accordingly. His choices
may prove to be quite costly (if not
foolish).
When our Lady Justice looks at
abortion, what would she be inter
ested in? Let me suggest that her
interest would be in the parties’ claims
and reasons for their actions or pro
posed actions. The claims of choice
by the woman seeking an abortion
would be weighed against the claims
of other parties, the child, the father,
society, etc. Justice is particularly
interested in protecting the interests
of the weak and the innocent. The
child’s claim of life would certainly
outweigh the woman’s claim of “one”
of her choices being frustrated. I
submit that Justice would reject her
claim as being without sufficient moral
reason. The woman would have been
seen as having made the choice cru
cial to her, prior to conception. She is
now faced with consequences.
What about in cases of rape or
incest? While a very small proportion
of abortions today, it can be under
stood as an extension of the above
argument. Lady Justice simply seeks
to establish the claims and reason of
all parties and weigh these and render
judgment. The woman’s cry for jus
tice for rape (if established) will be
satisfied according to law and the
man’s insufficient reasons (if estab
lished) will get him his "just fruits.”
We’re faced with the child. Would
Justice find the child guilty? While
there is certainly a conflict of "rights,”
and choices arc being frustrated, none
could be as crucial as life itself (ex
cepting justice itself)*
* What if the woman isn’t satisfied
with the justice handed out and the
choices she is left with? The man
could arguably make the same claim.
Society relics on the understanding
that there arc more important things
to life than having "everything my
way.” Mr. Nelson’s letter called it
"responsibility.” None ol us have
"total” freedom of choice. To have
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such is chaos. Today relativism and
individualism have eroded our under
standings of the moral underpinnings
of our nation and certainly our will
ingness to accept them. How quickly
we have come to see the “blessing”
of a child as “a curse.”
Justice flows from moral law, from
the Law Giver, to preserve society
from itself. But law, hopefully as a
reflection of moral law, also is to
instruct the people as to “right liv
ing” before man and the Law Giver.
Our recent decades of laws have
“instructed” the people all right, but
not in accordance with justice. The
reasons of the party with most at stake
in abortion are not heard before Lady
Justice today for her judges have
betrayed her cause and “instructed”
her people to ignore her plea. Women
can “choose’rto destroy their child
today under the sanction of “law,”
but certainly not under the sanction of
Justice.
Kermit W. Kuehn
graduate student
management
F—h
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