Time to abort the law

Regulation is a broad concept which, as a host of literature explains, extends beyond formal rules to include a range of mechanisms which work to control the way in which we behave as individuals. Formal legal rules should be reserved for the most extreme circumstances when, for some reason, it is difficult or impossible to act according to basic moral principles.

So how does this discussion apply to RU486 specifically, and abortion generally? Well, if we go back to little Mary for a moment, our task is to explain to Mary what RU486 is, the health risks associated with taking the drug, and the moral issues associated with aborting the fetus by taking the drug. This does not require a slick advertising campaign, but rather caring people with the information.

We then let Mary decide, based on the information she has received, and her own moral values which she has acquired simply by getting up each day and living her life. If Mary meets a nice (or not so nice) guy, gets pregnant and then wants the drug, no problem - she can have it.

Now to abortion more generally. If the decision is to be made based on the moral values of the person deciding whether to have the abortion or not, again things become simple. The person should do what is in their heart. This will have something to do with the information society has provided, as well as the person’s own values.

But isn’t there an issue as to when human life begins? Surely the woman cannot have an abortion at any time during the pregnancy? Doesn’t abortion become murder at some stage?

All interesting questions, but again they are based on an assumption that the law inevitably has some role to play. It shouldn’t. Once educating individuals about moral issues and the basic principles of morality, as a society we should let go and whatever happens, happens. Regulation comes from the education, not from the legislation.

In most cases, the individual will make the choice which is right for them, and they will come away from the experience positive and enlightened. Yes, in rare cases, some individuals will make the wrong choice, such as terminating too late or based on inadequate information, but - to put it frankly - that is their problem. It is only in the most extreme circumstances, such as when the woman is mentally impaired, that there should be some role for external intervention.

People need to lie in the bed they have made for themselves, rather than have the community fork out to fluff their pillows, warm their blankets, and have milk and cookies placed on the bedside table.

Bad decisions are made every day with the myriad of laws and regulations that Parliament has churned out over the last century. Legislating to solve every problem and address every concern would be an inefficient and unsuccessful endeavour. Human nature is not a distortion which we can rid from the market.

Human beings will never be perfect. Human nature can, however, be refined and improved through the development and reinforcement of sound principles of morality. Sound principles of morality are built and best maintained at the grass roots.

Whether we are talking about RU486, abortion, or other things which are the subject of formal regulation, it is time to trust individuals to make the right choices. Controlling individuals through formal rules will not get us there.

Trust develops from just letting people make the decisions. As a matter of human nature, individuals who are trusted want to be trustworthy, and this leads to a society which really functions properly. What becomes of formal laws? Aborted.