Law and Personhood A Biblical and Medical Study from a Two-Kingdoms Perspective

Abstract

What is a person? Theology, psychology, and sociology may give answers to this question, but what does the law say about the personhood of the preborn child? This article provides an in-depth answer to this question. Law is based upon morality, and morality is based upon religion.  The laws of Western societies are largely based upon the Judeo-Christian morality of the Bible.  We therefore examine in depth the Biblical passages that address the personhood of the preborn child, as the pronouncements of the early Church, medieval theologians, and the Protestant Reformers. Employing Luther’s two kingdoms analysis, we note the findings of medical science concerning the preborn child, the resultant adoption of anti-abortion laws throughout the United States, and the neglect of those findings by the United States Supreme Court in Roe v. Wade. We then chart the Supreme Court’s gradual retreat from Roe v. Wade, culminating with its overruling of Roe v. Wade in Dobbs v. Jackson. We close by raising questions concerning a future strategy for protecting the sanctity of preborn human life.