Aquinas
Two Sense in Which Reason is Used According to Aquinas
(1) Capacity to make and understand right judgementss
(2) A just ground for making conclusions
Unjust Laws
No higher law command to participate in injustice
Kelsen's Goal
To purify law
Dominating Principle of Calvinism
Sovereignty of God
CRISPR
Essentially cuts and pastes DNA
End or Purpose of Law
To promote the common good and produce happiness for the body politic
Broad Principles of Civil Disobedience
Seek justice, help the fatherless, rescue the weak and needy
Look at what is observable
Look at law as it is
Thesis #1
Sin has necessitated the institution of governments
Somatic Cells
Ordinary cells that make up tissues and organs like the liver and brain
4 types of law
(1) Natural
(2) Eternal
(3) Divine
(4) Human
General Rule for Civil Disobedience
Obey the government, we have a duty to God to do so
Rejecting Natural Law
Natural law either justifies the status quo or is improperly critical
Natural law ends in political absolutism
Thesis #2
All authority of governments on earth originates from the sovereignty of God alone
Germline Cells
Cells that are used in reproduction to pass on genetic material to the next generation
Define Divine Law
The portion of the eternal law given by special revelation, dictates of God's reason specially revealed, evident in the old and new testaments
Biblical Examples of Civil Disobedience
Rahab, Esther
Justice
Irrational Ideal
Endangered by a belief in state or popular sovereignty
Best protected by acknowledging the sovereignty of God and the limited delegation of authority
Law and Economic Perspective of Germline Editing
Cost-benefit oriented
Pursue benefits and try to minimize harm
If economics helps with clarifying a value conflict, it might be able to suggest the best legal framework for achieving society's goals
Doesn't address the moral question of fetal life
Define human law
Dictates of human reason inducing or forbidding humans to act in certain ways
Civil Disobedience Considerations
(1) Show respect for rulers and law
(2) Consider lawful alternatives
(3) Consider resources and likely effectiveness
(4) Consider extent, severity, and immediacy of injustice
(5) Remember sovereignty and justice of God
(6) Exercise patience and seek justice for the long haul
Law
System of legal norms and an order of human compulsion
Two competing claims of government authority
(1) State sovereignty
(2) Popular sovereignty
Legal Realist Perspective on Germline Editing
Law is a tool
Design a system that maximizes benefits and minimizes costs
Pursue medical benefits of risk of harm can be reduced
Morality is not the determining factor
Welcome the contributions of science and social science
Interdisciplinary cooperation between science and jurisprudence