- Title Pages
- Editors’ Preface
- Acknowledgments
- List of Abbreviations
- List of Contributors
- Introduction
- 1 Value: a Menu of Questions
- 2 Finnis on Well-being
- 3 Reasoning about the Human Good, and the Role of the Public Philosopher
- 4 On the Most Fundamental Principle of Morality
- 5 What is Natural Law Like?
- 6 Intention and Side Effects
- 7 Intention and Side Effects
- 8 John Finnis on Thomas Aquinas on Human Action
- 9 On Moral Philosophy and Kinds of Human Actions<sup>*</sup>
- 10 Finnis on Justice
- 11 Retributivism in the Spirit of Finnis<sup>*</sup>
- 12 The Nature of Limited Government
- 13 Pure Perfectionism and the Limits of Paternalism
- 14 ‘Lawful Mercy’ in <i>Measure for Measure</i>
- 15 The Basis for Being a Subject of Rights
- 16 Constitutional and Other Persons
- 17 Bioethics after Finnis
- 18 A New Father for the Law and Ethics of Medicine
- 19 Value, Practice, and Idea
- 20 The Irony of Law
- 21 Ideas of Easy Virtue
- 22 Law and Its Theory
- 23 Finnis on Legal and Moral Obligation
- 24 Constitutional Principle in the Laws of the Commonwealth
- 25 Intention and the Allocation of Risk
- 26 The Right to Religious Liberty and the Coercion of Belief
- 27 Natural Law and the Transcendent Source of Human Fulfillment
- 28 Reflections and Responses
- Bibliography of the Published Works of John Finnis
- Index Introductory Note
Constitutional and Other Persons
Constitutional and Other Persons
- Chapter:
- (p.249) 16 Constitutional and Other Persons
- Source:
- Reason, Morality, and Law
- Author(s):
Gerard V. Bradley
- Publisher:
- Oxford University Press
Since 1954, when the Supreme Court declared that segregated schools were ‘inherently unequal’, no proposition of American constitutional law has been more important than the Roe Court's assertion that unborn human beings are not ‘persons’ within the meaning of the Fourteenth Amendment. This chapter analyses this proposition, in light of the proliferation of state and federal ‘feticide’ laws enacted since Roe was decided in 1973. It argues that those laws and the many convictions under them, expose the futility of Roe's strategic distinction between ‘constitutional’ personhood, and the moral (or metaphysical) truth about when persons begin, a matter which the Court scrupulously avoided. The chapter also adduces considerable historical evidence that ‘person’ in the Fourteenth Amendment was meant to extend to all individuals who were, in truth, persons.
Keywords: abortion, person, equal protection, feticide, justification, Roe v. Wade
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- Title Pages
- Editors’ Preface
- Acknowledgments
- List of Abbreviations
- List of Contributors
- Introduction
- 1 Value: a Menu of Questions
- 2 Finnis on Well-being
- 3 Reasoning about the Human Good, and the Role of the Public Philosopher
- 4 On the Most Fundamental Principle of Morality
- 5 What is Natural Law Like?
- 6 Intention and Side Effects
- 7 Intention and Side Effects
- 8 John Finnis on Thomas Aquinas on Human Action
- 9 On Moral Philosophy and Kinds of Human Actions<sup>*</sup>
- 10 Finnis on Justice
- 11 Retributivism in the Spirit of Finnis<sup>*</sup>
- 12 The Nature of Limited Government
- 13 Pure Perfectionism and the Limits of Paternalism
- 14 ‘Lawful Mercy’ in <i>Measure for Measure</i>
- 15 The Basis for Being a Subject of Rights
- 16 Constitutional and Other Persons
- 17 Bioethics after Finnis
- 18 A New Father for the Law and Ethics of Medicine
- 19 Value, Practice, and Idea
- 20 The Irony of Law
- 21 Ideas of Easy Virtue
- 22 Law and Its Theory
- 23 Finnis on Legal and Moral Obligation
- 24 Constitutional Principle in the Laws of the Commonwealth
- 25 Intention and the Allocation of Risk
- 26 The Right to Religious Liberty and the Coercion of Belief
- 27 Natural Law and the Transcendent Source of Human Fulfillment
- 28 Reflections and Responses
- Bibliography of the Published Works of John Finnis
- Index Introductory Note
