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Abortion: Sin Or Crime?

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Abortion: Sin Or Crime? ISSN 1392-74-50 Þydrûnas KULPYS SOTER 2005.16(44) Abortion: sin or crime? Abortion is not only a sin; it is also a crime as Canon Abortas ne tik nuodëmë, bet ir teisinis kanoni- Law describes it. The paper deals with the issue of nis nusikaltimas. Taèiau ne kiekvienas aborto atve- abortion from the Canon Laws perspective. Not every jis tampa nusikaltimu. Ðiame straipsnyje nagrinë- sin of abortion is at the same time a crime in the legal jama, kokiomis teisinëmis aplinkybëmis aborto sense. The paper discusses what the circumstances are nuodëmë virsta ir kanoniniu nusikaltimu, uþ kurá to turn the sin of abortion into the crime of abortion. þmogus baudþiamas ekskomunika. Yra daug iðimèiø The censure of excommunication is imposed on the ir ðvelninanèiø aplinkybiø, maþinanèiø abortà da- individuals who are guilty of the crime of abortion. If ranèiø asmenø atsakomybæ, todël galima teigti, kad, there is no crime, there is no excommunication which nors abortas visada yra didelis moralinis blogis, is attached to the crime of abortion. There are many bet já darantys þmonës ne visada uþsitraukia atsako- mitigating circumstances that lessen the responsibility mybæ uþ ðá nusikaltimà ir uþ jo ávykdymà taikomà of the individuals who take part in the action of abor- ekskomunikà. tion, therefore, many abortion cases are not legal crimes, hence do not impose the censure of excommunication onto the individuals involved. Introduction teaching. They give expression to it, and they are intended to sustain and support it Is there any connection between moral the- in the life of the community.1 ology and Canon Law? Do those two things At one point in history (4th 16th centu- have something in common or they are in ries), Church law had to bear and fulfill conflict? When we take a deeper look at the additional function. The law of the Church question we arrive to a positive answer. was employed to serve certain civil func- There are tight connections between these tions. Certain matters, such as disputed two subjects. marriages, the protection of the poor, and Canon Law is closely related to moral the punishment of certain crimes were adju- theology; however, it differs from the latter dicated in Church courts.2 It is clear that in that it is not directly concerned with the this function of the Church at that time was acts prescribed or forbidden by the external not appropriate to its purpose, but we can law, but only with the rectitude of human understand it, because at that time there acts in the light of the last end of man. In was a close union between the secular and contrast, Canon Law deals with the external the spiritual authorities. laws relating to the good order of society Now we have a different situation. Law rather than the workings of the individual within the Church community has returned conscience. to its authentic function witnessing to Actually, moral theology is necessary moral teaching and engendering a Christian for Church law. Legislative enactments within ethos for the lives of believing people.3 the Church community are based on its moral In speaking about interrelations between 18 Þydrûnas KULPYS Canon Law and moral theology, let us take The text of the canon looks very clear, a particular example the issue of abortion. but it is wider and more complicated than it This entire paper I will dedicate to discus- appears. When we look at the text, we can sion of the moral aspects of Canon 1398, immediately think that the Church excom- which deals with abortion. My p u r p o s e municates people who have procured a suc- will be to find out when excommunication cessful abortion. In fact, in probably the applies, or when it is only a sin, but not a majority of cases, mitigating circumstances crime. In this paper, there are two major prevent the censure of excommunication from parts personal responsibility for procur- being incurred. The tragedy of abortion in- ing abortion and responsibility of those who volves distinct and separate questions re- cooperate in this crime. First, I will look at garding the personal responsibility of one the text of the canon. I will discus when who procures a successful abortion. Those there is sin and when sin becomes a crime. questions are: has a sin been committed? I will explain important terms. I will de- And, has a crime been committed? scribe the necessary components that turn Canon Law views abortion as a crime. sin into the crime. There will be a sub- Crime according to Canon Law is an exter- chapter about conditions that do not incur nal violation of a Church law or precept the crime. Then I will discuss the legal that has been formally established by an situation of those who cooperate in the ecclesiastical authority, which has legisla- crime of abortion. tive power.5 Moral theology views abortion as a sin. A sin is a purposeful and deliberate offense 1. Personal responsibility for against the will of God; an utterance, a deed procuring abortion or a willfullyentertained desire contrary to Gods law. Objectively, abortion is a mor- Both moral theology and Canon Law speak tal sin, gravely contrary to the moral law. about two kinds of agents regarding abor- Is every sin of abortion a crime? No, not tion. First of all, there is the person the every sin of abortion is a crime. Although woman, on whom the abortion is performed. not every sin of abortion is a crime, every Then there are others, who help, encourage crime of abortion does presuppose the abor- and actually use the effective means that tion in question to be a mortal sin.6 Accord- make the abortion possible. Those agents ing to the principals of ecclesiastical penal are called cooperators. In this paper I will law, there can be no crime and no conse- talk about those two kinds of agents sepa- quential liability to penalties unless serious rately. This first part of the paper is dedi- moral guilt is involved.7 Moral guilt is in- cated to looking at the legal and moral sta- curred when one has a bad intention, under- tus of the person on whom an abortion is stands it and freely chooses to act. That is performed. First of all, let us look at the why every crime of abortion is considered a canon and see what it says about the issue grave sin. of abortion. Since we know the distinction which The text of the Canon 1398 states: A moral theology and Canon Law makes about person who procures a completed abor- abortion, let us clear up some important tion incurs a latae sententiae excommu- terms related to this canon. nication.4 ABORTION: SIN OR CRIME? 19 1.1 Important terms tain, induce or cause directly and intention- ally by means of physical or moral action. Abortion Consequently, a person who actively par- ticipates in the abortive act procures the The penal law committee did not define abortion.10 abortion in the canon text, because presum- ably the Churchs teaching was well known. Completed abortion Traditionally abortion has been defined as the ejection of a live, immature or non Censure of excommunication is incurred only viable fetus from the mothers womb. A if an abortion is successful or completed. related but technically different moral evil Successful means the goal is attained, not was feticide. Feticide is the killing of the simply desired, intended or attempted. Hence, fetus within the womb. Since the penal law while the desire or intention of an abortion must be strictly interpreted, most canonists would be gravely sinful, it does not consti- have judged that abortion, but not techni- tute the crime of abortion. cally feticide, however horrendous, was the It is important to point out that regard- delict which both codes (1917 and 1983) less of how malicious the intention to com- talk about.8 mit the crime might be, if the actual abor- However, most abortions today occur by tion does not occur the censure is not con- procedures involving killing the fetus in the tracted. Persons would be guilty of grave womb, for example, suction, dilation and sin for such desire, but that is not enough curettage, or the use of a prostaglandin drug for a crime to take place.11 Canon Law says often in connection with the RU 486 pill. that there must be an external violation of Therefore, the Popes commission gave the penal law for a delict to occur.12 canonical definition of an abortion. The May 23, 1988 authentic Code Commission inter- Latae Sententiae pretation broadened the canonical under- standing of abortion to maximize the pro- After procuring an abortion, penalty comes tection of the fetus. Abortion means not latae sententiae. This Latin term is impor- only the deliberate ejection of an immature tant and widely used in canon law. It means fetus but also any intentional killing of the the penalty is incurred ipso facto, immedi- fetus through whatever means at any time ately and automatically, by the commission after conception. I have to say here, that of the delict. In opposition to latae senten- this interpretation is an extensive interpre- tiae there is ferendae sententiae, which means tation of the code. Therefore, according to a penalty is to be inflicted by the church Canon Law norms, this interpretation and court.13 understanding of abortion is operative only This means that the penalty of excom- after the interpretation (May 23, 1988); it is munication comes to person immediately not retroactive.9 after the action of abortion.
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