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1

OBRONA KLAUZULI SUMIENIA W KONTEKŚCIE WSPÓŁCZESNYCH TENDENCJI PRZECIWNYCH ŻYCIU

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Bartoszek A.
Roczniki Teologii Moralnej
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2010
|
issue 2(57)
109-126
EN
Conscience clause is a special legal regulation that enables the individual to refrain from certain actions, that he is obliged by the law, but which in his conviction, are contrary to his conscience. On one hand, this article shows that clause of conscience in contemporary legislation seems to be something natural because it gives the individual freedom of conscience, but on the other hand - some trends appear to legally narrow it or even to cancel the conscience clause. These trends appear in the context of contemporary tendencies against life. Presented analyses defend the conscience clause again and refer basically to medical professions. The base for this legal regulation constitutes the right to conscientious objection whereas this objection should always be constructive. Existence of the right to conscientious objection is confirmed by the analyses carried out on philosophical - ethical and theological -moral levels, and especially by the concept of natural right. The article also depicts that deep conviction of right to conscientious objection does mean that moral dilemmas concerning refusal to participation in evil do not exist. In some cases conscientious objection becomes contemporary form of martyrdom.
2

Czym jest sumienie a czym być powinna klauzula sumienia

100%
Nowacka M., Kopania J.
Kwartalnik Filozoficzny
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2014
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vol. 42
|
issue 4
63-79
EN
The conscience clause is a legislative provision granting a person the right to refuse to perform an activity which is in agreement with legal regulations but in disagreement with a person’s conscience. Conscience is understood as knowing what is good and what is bad with the urge to do what is good. It is argued in this article that the conscience clause in fact refers not to conscience in its proper sense but to the set of moral convictions held by an individual and felt to be in agreement with his/her conscience. As a result, the so-called conscience clause in fact obscures the authentic voice of conscience. This article proposes a limited understanding of the legal concept of the conscience clause as a provision which overtly refers to the moral convictions held by an individual.
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