Servicio de Publicaciones de la Universidad de Navarra
Mathieu, Vittorio. ""El aborto y los fundamentos del derecho"". Persona y Derecho, 2 (1975) : 133-145.
More than to the actual practice of abortion, the author refers to the substratum
of ideas which are to be found behind the claims of the right to abortion.
This substratum of ideas is in fact the very negation of Law. In answer to those
who maintain that it is hypocritical to uphold the repression of behavior which is
in fact followed by many people, the author points out that it is much more hypocritical
to legalize that which, according to principels which do not depend
upon the will of man, can only be considered a crime. To leave such behavior out
of penal laws means, in reality, the transformation of Law into the mere expression
of a social fact, thereby destroying its character of norm or rule which configurates
the facts. It is tantamount, in fact, to the destruction of the very essence
of Law. Therefore we see that behind the claims for the right to abortion, we find
the very negation of Law itself.