A Court of Morals or a Moral Court?

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This was a difficult case, involving life and death issues as well as parental rights and deeply held religious convictions. Nevertheless, as an ardent pro-life advocate firmly rooted within the Judeo-Christian and historical Protestant traditions, I agree with most of the High Court's decision.

The weaker and doomed twin, Mary, is an individual. However, I believe as a Protestant non-pacifist that it is permissible to take a human life if the motive is to defend the life of a person who is being threatened by the person whose life is forfeited. Jodie, the stronger twin, is being imperiled by her biologically doomed sister.

I also believe the Court has a right and an obligation to protect the life of the survivable twin, up to and including overriding the parents' convictions when a child's life is at issue. The Court can, as it has on occasion in the U.S. legal system, supersede parental custody and assume custody itself to protect a child's vital interests.

Where I disagree with the High Court is in its attempt to reject that there was any moral dimension to its decision, and that it was guided merely by the law. Any fair-minded person who read the High Court's argumentation would conclude that it was indeed wrestling, as Lord Justice Ward acknowledged, with

Was it guided by the legal tradition of Western civilization and British common law? Yes, it was. And those traditions were forged in a crucible informed by the moral and religious values of the people it governs.

Is the British High Court of Appeal "a court of morals"? No, it is not. That does not mean, however, that it is not and should not be a moral court, anchored in long-standing legal traditions informed by morality and profound respect for human life. We should truly fear the prospect of a mere court of law not informed by moral traditions. Surely the fascist, Nazi, and communist totalitarianisms of the 20th century stand as eloquent testimony to the unspeakable human suffering and injustice unleashed when law is not informed by morality.