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Necessity
Question from Joseph A. Apicella on 10/30/2011:

Speaking lawyer to lawyer, there was a person who asked about receiving a vaccine and whether it was ethical. This was not your area of expertise and neither is it mine. The person left one important point out-necessity. If at the time it was needed it was necessary to save his life or save his body from great harm the principle of necessity would apply and absolve one from legal liability. I beleive this would apply even to the moral law. Say a vaccine made from an aborted fetus was the only one available to aid a person with cystic fibrosis, one made avail oneself of it to save ones life. A famous story of Catholics caught in the mountains of South America was one where they ate the dead to survive. It was in the book"Alive". Necessity.

Answer by Robert J. Flummerfelt, J.C.L. on 11/1/2011:

Thanks Joseph.

I have a background/training in moral theology, BUT I am not a moral theologian. Intellectual humility demands that I refrain from speaking on a topic which I do not have an STL or advanced ecclesiastical degree. Furthermore, I would be exceeding my mandate as an 'expert' who is graciously given the opportunity to answer questions here for EWTN on the canon law forum. Having said all of that, I would like to state politely of course, that necessity is a civil law concept which does not come into consideration in the moral realm in the same way. If that was the case, then the moral law would be subjective and depend on situation-ethics - of course we know that is not the case. Matters which are intrinsically evil, as taught by the Magisterium and is articulated by the Catechism of the Catholic Church, can never be excused away by Necessity. E.g. Murder is ALWAYS intrinsically evil; there is never an excuse for MURDER. I would consult the Catechism on this point; Necessity is a concept at odds with our Moral theology.

Peace and blessings, Bob

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