Natural Law, Marxism, and Roe v. Wade: Key Concepts in Law and Society
Natural Law
Natural law is a philosophy asserting inherent rights and moral principles that exist independently of any government or society.[1] Historically, it involves using reason to analyze human nature and derive moral behavior from nature or God’s creation.[2] Notable thinkers like Aristotle and Cicero explored this concept.
Marxism
Marxism is an economic and sociopolitical theory analyzing historical development through a materialist lens, dialectical view of social change, and class relations. Pioneered by Karl Marx and Friedrich Engels in the 19th century, it encompasses economic and sociological theories, a philosophical method, and a revolutionary perspective on social change.
Core Principles of Marxism
Marxism posits that economic organization (mode of production) shapes social relations, political and legal systems, morality, and ideology. Technological advancements lead to inefficiencies and class struggles. In capitalism, conflict arises between the proletariat (workers) and the bourgeoisie (owners) due to the exploitation of labor for profit.
Socialism and Communism
Marx predicted that a socialist revolution would lead to cooperative ownership and distribution based on contribution. Eventually, socialism would evolve into communism, a classless, stateless, and moneyless society based on common ownership and the principle of “From each according to his ability, to each according to his needs.”
Roe v. Wade (1973)
January 22, 1973 – The US Supreme Court, in a 7-2 decision, affirmed the legality of a woman’s right to have an abortion under the Fourteenth Amendment.[3][4][5]
Background
1971 – Norma McCorvey (Jane Roe) filed a lawsuit against Henry Wade, the Dallas County District Attorney, challenging the Texas law prohibiting abortion except to save a woman’s life.
The Case and Decision
The Case:
The Constitutional Question: Does the Constitution protect a woman’s right to an abortion, overriding the Texas prohibition?
The Decision:
The Court ruled that the right to abortion falls under the right to privacy (established in Griswold v. Connecticut) protected by the Fourteenth Amendment. This allowed for legal abortions throughout pregnancy but permitted states to regulate abortion in the second and third trimesters.