must recognize and guarantee. First among these rights is the inviolable right to life of every innocent human being Citing St. Thomas Aquinas, the Pope acknowledges that the public authority may sometimes choose not to use the law to stop a practice if its prohibition would cause more serious harm. But, this limiting principle can never be invoked to legitimize as an individual legal right an offense against other persons caused by disregard of the fundamental right to life 3U Thus It]he legal toleration of abortion or of euthanasia can in no way claim to be based on respect for the conscience of others, precisely because society has the right and duty to protect itself against the abuses which can occur in the name of conscience and under the pretext of freedom The legal toleration of abortion or euthanasia is, therefore, a violation of a fundamental human right, which runs directly contrary to the state's primary duty of safeguarding human rights. The Pope here relies on John XXIII's discussion of human rights in the encyclical Pacem in Terris. The common good is best safeguarded when personal rights and duties are guaranteed. The chief concern of civil authorities, therefore, must be to ensure that these rights are recognized, respected, coordinated, defended, and promoted In fact to safeguard the inviolable rights of the human person and to facilitate the performance of his duties is the principal duty of every public authority. Thus any government which refused to recognize human rights or acted in violation of them would not only fail in its duty; its decrees would be wholly lacking in binding force The Pope next situates the doctrine of the necessary conformity of the civil law with the moral law within the tradition of the church. Pacem in Terris again provides the relevant precedent Authority is a postulate of the moral order and derives from God. Consequently, laws and decrees enacted in contravention of the moral order. and hence of the divine will can 2 EVANGELIUM VITAE, supra note 4, 1 71(emphasis added See id, citing St. Thomas Aquinas, SUMMA THEOLOGIAE I-Il, q 96, a. 2. See ST. THOMA AQUINAS, TREATISE IN LAW 92 (Regnery Gateway ed, 1979)(The purpose of human law is to lead men to virtue, not suddenly but gradually. Wherefore it does not lay upon the multitude of imperfect men th burdens of those who are already virtuous, viz., that they should abstain from all evil. Otherwise these imperfect ones, being unable to bear such precepts, would break out into still greater evils", if the precepts of a perfect life are poured into imperfect men, "the precepts are despised, and those men, from contempt break out into evils worse still See EvANGELIUM VITAe, supra note 4,171 See id, citing Dignitatis Humanae (7("[C]ivil society has the right to protect itself against possible abuses committed in the name of religious freedom "when those abuses threaten that part of the common good that is called "public order. Id (quoting PACEM IN TERRIS 160-61(the internal quotation is from Pius Xll, radio message of Pentecost 1941(June 1, 1941))5 must recognize and guarantee.”28 First among these rights is the inviolable right to life of every innocent human being. Citing St. Thomas Aquinas, the Pope acknowledges that the public authority may sometimes choose not to use the law to stop a practice if its prohibition would cause more serious harm.29 But, this limiting principle can never be invoked to legitimize as an individual legal right an offense against other persons caused by disregard of the fundamental right to life.30 Thus: [t]he legal toleration of abortion or of euthanasia can in no way claim to be based on respect for the conscience of others, precisely because society has the right and duty to protect itself against the abuses which can occur in the name of conscience and under the pretext of freedom. 31 The legal toleration of abortion or euthanasia is, therefore, a violation of a fundamental human right, which runs directly contrary to the state’s primary duty of safeguarding human rights. The Pope here relies on John XXIII’s discussion of human rights in the encyclical Pacem in Terris. The common good is best safeguarded when personal rights and duties are guaranteed. The chief concern of civil authorities, therefore, must be to ensure that these rights are recognized, respected, coordinated, defended, and promoted. In fact, ‘to safeguard the inviolable rights of the human person and to facilitate the performance of his duties is the principal duty of every public authority.’ Thus any government which refused to recognize human rights or acted in violation of them would not only fail in its duty; its decrees would be wholly lacking in binding force. 32 The Pope next situates the doctrine of the necessary conformity of the civil law with the moral law within the tradition of the church. Pacem in Terris again provides the relevant precedent: Authority is a postulate of the moral order and derives from God. Consequently, laws and decrees enacted in contravention of the moral order, and hence of the divine will, can 28 EVANGELIUM VITAE, supra note 4, ¶ 71 (emphasis added). 29 See id., citing St. Thomas Aquinas, SUMMA THEOLOGIAE I-II, q. 96, a. 2. See ST. THOMAS AQUINAS, TREATISE IN LAW 92 (Regnery Gateway ed., 1979) (“The purpose of human law is to lead men to virtue, not suddenly but gradually. Wherefore it does not lay upon the multitude of imperfect men the burdens of those who are already virtuous, viz., that they should abstain from all evil. Otherwise these imperfect ones, being unable to bear such precepts, would break out into still greater evils”; if the precepts of a perfect life are poured into imperfect men, “the precepts are despised, and those men, from contempt, break out into evils worse still.”). 30 See EVANGELIUM VITAE, supra note 4, ¶ 71. 31 See id., citing Dignitatis Humanae ¶ 7 (“[C]ivil society has the right to protect itself against possible abuses committed in the name of religious freedom” when those abuses threaten that part of the common good that is called “public order.”). 32 Id. (quoting PACEM IN TERRIS ¶ 60-61 (the internal quotation is from Pius XII, radio message of Pentecost 1941 (June 1, 1941)))