El aborto y los fundamentos del derecho

Abstract

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.