Lawmaking imposes constraints upon subjective preferences

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Because lawmaking imposes constraints upon subjective preferences or inclinations to act, selecting which rule to follow in cases of conflicts between duties, such as when a hospital's moral duty to passionately care for the life of its patient conflicts with its moral duty to respect the patient's right to refuse unwanted treatment, the traditional means by which to determine which right is more deserving of respect requires selection of the law which is more substantially supported by legitimate governmental interests which imposes the least restrictive means of advancing the asserted governmental interests the neglect of which would result in the greater harm to our legitimate governmental interests and to our authorized individual interests.

Reference no: EM133485017

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