Original Research

Reflecting on law, morality and communal mores (with particular reference to the protection of pre-natal life)

Lourens M. du Plessis
Koers - Bulletin for Christian Scholarship/Bulletin vir Christelike Wetenskap | Vol 56, No 3 | a750 | DOI: https://doi.org/10.4102/koers.v56i3.750 | © 1991 Lourens M. du Plessis | This work is licensed under CC Attribution 4.0
Submitted: 25 January 1991 | Published: 25 January 1991

About the author(s)

Lourens M. du Plessis, Department of Public Law University of Stellenbosch STELLENBOSCH, South Africa

Full Text:

PDF (490KB)

Abstract

This article deals with the relationship between law, morality and communal mores with particular reference to the protection of pre-natal life in South Africa. It is argued that personal, moral choice influences communal mores and that these mores can, in turn, be transformed into legal norms, thus becoming part of the legal system. It is pointed out that South African law lends insufficient protection tofoetal life - especially in situations where it stands to be destroyed as a result of abortion. It is then suggested that the legal subjectivity of the foetus should be recognized and that every application for an abortion should be heard by a court of law or, alternatively, a specialist tribunal. The foetus should be represented at these proceedings by a curator ad litem. It is finally argued that the proposed arrangement will not unduly encroach on the moral freedom of the individual and that personal, moral choice and communal mores will still be of decisive significance in regulating 'bio-ethical' morality.

Keywords

No related keywords in the metadata.

Metrics

Total abstract views: 976
Total article views: 1625

Reader Comments

Before posting a comment, read our privacy policy.

Post a comment (login required)

 

Crossref Citations

1. The Nasciturus Non-Fiction - The Libby Gonen Story - Contemporary Reflections on the Status of Nascitural Personhood in South African Law
Marc Schulman
SSRN Electronic Journal  year: 2014  
doi: 10.2139/ssrn.2501957