Abstract

http://ssrn.com/abstract=2176343
 


 



Application of the Principle of Totality and Integrity in American Case Law


June Mary Makdisi


St. Thomas University - School of Law

Spring 2012

National Catholic Bioethics Quarterly, 2012
St. Thomas University School of Law Research Paper No. 2012-13

Abstract:     
God presented each of us with the gift of human life, for which we each have a duty of stewardship. The complementary principles of totality and integrity provide moral guidance for decisions on whether specific acts are consistent with this obligation. Totality directs that anatomical completeness must not be sacrificed without proportional justification. Integrity focuses on maintaining basic human capacities and provides a hierarchical ordering of higher functions over lower functions for use in decision making. The decisions of secular American courts rely heavily on statutory authority and case precedent. This essay explores whether the moral principle of totality and integrity is reflected in judicial opinions. The first part examines judicial decisions in cases in which the plaintiff’s desired outcome was consistent with the principle of totality and integrity. The second part analyzes judicial decisions in which the desired outcome was not consistent with this moral principle.

Number of Pages in PDF File: 14

Keywords: Catholic, bioethics, totality, integrity

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Date posted: November 16, 2012  

Suggested Citation

Makdisi, June Mary, Application of the Principle of Totality and Integrity in American Case Law (Spring 2012). National Catholic Bioethics Quarterly, 2012; St. Thomas University School of Law Research Paper No. 2012-13. Available at SSRN: http://ssrn.com/abstract=2176343

Contact Information

June Mary Makdisi (Contact Author)
St. Thomas University - School of Law ( email )
16401 N.W. 37th Ave.
Miami, FL 33054
United States
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