Assisted Suicide

Review of the book: Człowiek na granicy istnienia. Dyskusje o śmierci mózgowej i innych aspektach umierania, Grzegorz Hołub, Piotr Duchliński, Akademia Ignatianum w Krakowie, Wydawnictwo WAM, Kraków 2017.

abstract Debate about physician‐assisted suicide has typically focused on the values of autonomy and patient wellbeing. This is understandable, even reasonable, given the import‐ance of these values in bioethics. However, these are not the only moral values there are. The purpose of this paper is to examine physician‐assisted suicide on the basis of the values of equality and justice. In particular, I will evaluate two arguments that invoke equality, one in favour of physician‐assisted suicide, one against it, and I will (...) eventually argue that a convincing equality‐based argument in support of physician‐assisted suicide is available. I will conclude by showing how an equality‐based perspective transforms some secondary features of debate about this issue. (shrink)

In the end‐of‐life context, alleviation of the suffering of a distressed patient is usually seen as a, if not the, central goal for the medical personnel treating her. Yet it has also been argued that suffering should be seen as a part of good dying. More precisely, it has been maintained that alleviating a dying patient’s suffering can make her unable to take care of practical end‐of‐life matters, deprive her of an opportunity to ask questions about and find meaning in (...) and for her existence, and detach her from reality. In this article, I argue that the aims referred to either do not support suffering or are better served by alleviating it. When the aims would be equally well served by enduring suffering and relieving it, the latter appears to be the preferable option, given that the distress a patient experiences has no positive intrinsic value. Indeed, as the suffering can be very distressing, it may not be worth bearing even if that was the best way to achieve the aims: the distress can sometimes be bad enough to outbalance the worth of achieving the goals. Having considered an objection to the effect that a patient can have a self‐regarding moral duty to endure the distress she faces at the end of life, I conclude that the burden of proof is on the side of those who maintain that the suffering experienced at the end of life ought to be endured as a part of dying well. (shrink)

Spinoza (1632-1677) writes in the fourth proposition of the third part of his masterpiece, the Ethics (1677), the bold statement that self-destruction is impossible. This view seems to be very hard to understand given the fact that in our western world we have recently been confronted with an increasing number of suicides, all of which are - per definition – ―actions of killing oneself deliberately‖. Firstly, this article aims at showing, based on the last chapter of the first part of (...) the Cogitata metaphysica (1661), that Spinoza might have applied the mechanical analogy of a body in motion in his views on life. This interpretation allows to resolve the paradox of suicide in Spinoza. Secondly, this paper gives a new interpretation of one of the three categories of suicide (the ―Seneca category‖), which the Dutch philosopher distinguishes in E4p20s, making a link with his definition 39 of timor. (shrink)

[On the Ethics of Euthanasia Again: A Reply to Critics] The article is a reply to three critics of a previous piece on the ethics of euthanasia in which I defended physician-assisted suicide. According to Ingrid Strobachová it is necessary to give a greater attention to the significance of pain, which, she claims, may benefit from a phenomenological description. According to Marta Vlasáková my argument is not valid because two principles on which it is founded – i.e. the conception of (...) life as of fundamental value and the autonomy of the patient – are not in mutual harmony. Jakub Jirsa criticises the very concept of assisted suicide and the moral legitimacy and need for the legalisation of assisted suicide. To Dr Strobachová I reply that phenomenological description is as acceptable a method as any other – as long, that is, as it is not only a verbal game, but constitutes a real source of knowledge. To Dr. Vlasáková I argue that a more charitable reading of my argument is possible. The arguments of Dr. Jirsa against assisted suicide are beset with various inconsistencies, including the fact that he himself allows that doctors should tolerate suicide by the refusal of food and drink. Such an act does not, however, differ in any relevant way from doctor-assisted suicide. (shrink)

[For an Ethics without Theology] This study is a critical reflection on Marek Vácha's article on the ethics of euthanasia. In the first part the author offers a short consideration of the reasons for the moribund state of ethics in Czech philosophy, after which, in the second part, he presents a critique of Vácha's article. The article in question is, above all, lacking in a philosophical approach to the problem of euthanasia, and we find in it not so much arguments (...) as rhetoric. The only line of argument that is detectable in the article is founded on natural theology, something that Vácha elsewhere repudiates, and it offers the reader a false dilemma between accepting theistic ethics on the one hand or total subjectivism on the other. In reality, of course, there is a wide range of kinds of objective secular ethics. In the third part, one of these forms is summarised--a system of "everyday morality" which is founded on the concept of harm, and which treats conduct as immoral primarily when it causes unjustifiable harm to others. This form of ethics does not presuppose any controversial theory of value, and it constitutes the viewpoint from which the author then defends physician-assisted suicide. A doctor who helps a patient die--or who causes the patient's death on his own request--does not cause that individual harm if she has only a period of life filled with pain left. In conclusion the author indentifies certain points of contact between secular and theistic ethics. (shrink)

Opponents of medically assisted dying have long appealed to ‘slippery slope’ arguments. One such slippery slope concerns palliative care: That the introduction of medically assisted dying will lead to a diminution in the quality or availability or palliative care for patients near the end of their lives. Empirical evidence from jurisdictions where assisted dying has been practiced for decades, such as Oregon and the Netherlands, indicate that such worries are largely unfounded. The failure of the palliation slope argument is nevertheless (...) instructive with respect to how slippery slope arguments can be appraised without having to await post-facto evidence regarding the effects of a proposed change in public policy. Close attention in particular to the norms operative in a given institution and how changes to policy will interact with those norms enable slippery slopes to be credibly appraised. (shrink)

Belgium has recently extended its euthanasia legislation to minors, making it the first legislation in the world that does not specify any age limit. I consider two strands in the opposition to this legislation. First, I identify five arguments in the public debate to the effect that euthanasia for minors is somehow worse than euthanasia for adults—viz. arguments from weightiness, capability of discernment, pressure, sensitivity and sufficient palliative care—and show that these arguments are wanting. Second, there is another position in (...) the public debate that wishes to keep the current age restriction on the books and have ethics boards exercise discretion in euthanasia decisions for minors. I interpret this position on the background of Velleman’s “Against the Right to Die” and show that, although costs remain substantial, it actually can provide some qualified support against extending euthanasia legislation to minors. (shrink)

This book provides an entry-level introduction to philosophical ethics, theories of moral reasoning, and selected issues in applied ethics. Chapter 1 describes the importance of philosophical approaches to ethical issues, the general dialectical form of moral reasoning, and the broad landscape of moral philosophy. Chapter 2 presents egoism and relativism as challenges to the presumed objectivity and unconditionality of morality. Chapters 3, 4 and 5 discuss utilitarianism, deontology, and virtue ethics, respectively. Each chapter begins with a general overview of the (...) characteristic theory of value and moral reasoning and proceeds to present a more refined account based on a prominent historical source (Mill, Kant, and Aristotle, respectively). It then discusses strengths and weaknesses of the theory from a contemporary perspective, including more recent developments, defenses, and critiques. Each chapter includes an appendix in which secondary, less prominent, or more complex issues are discussed. Chapters 6-9 address in detail a prominent area of applied ethics: 6. abortion, 7. assisted dying, 8. Biotechnology, 9. Animals and eating. Each of these chapters presents an introduction to the topic, including definitions, historical and contemporary developments and contexts, etc.; the various questions and issues involved; and an application of each theory from multiple points of view. Each chapter also includes a set of primary readings along with an extensive bibliography. Chapter 10 discusses four more areas of applied ethics: War, Torture, and Terrorism; Capital Punishment; Environmental Ethics; and Same-Sex Marriage. The treatment of these topics focuses mainly on the introductory material. While there is some discussion of the various ethical arguments, it is less comprehensive or detailed compared to other chapters. However, several primary resources are listed to supplement the discussion in the textbook. (shrink)

Many philosophers, psychologists, and medical practitioners believe that killing is no worse than letting die on the basis of James Rachels's Bare-Difference Argument. I show that his argument is unsound. In particular, a premise of the argument is that his examples are as similar as is consistent with one being a case of killing and the other being a case of letting die. However, the subject who lets die has both the ability to kill and the ability to let die (...) while the subject who kills lacks the ability to let die. Modifying the latter example so that the killer has both abilities yields a pair of cases with morally different acts. The hypothesis that killing is worse than letting die is the best explanation of this difference. (shrink)

Suppose that we think it important that people have the chance to enjoy autonomous lives. An obvious corollary of this thought is that people should, if they want it, have control over the time and manner of their deaths, either ending their own lives, or by securing the help of others in doing so. So, generally, and even if we overall think that the practice should not be legalized on other grounds, it looks like common sense to think that considerations (...) of autonomy tell at least somewhat in favour of legalizing at least some acts of suicide and voluntary euthanasia. In this paper, I argue that, in fact, when we scrutinize the reasons for most end of life decisions, it turns out that they are seriously problematic from the point of view of autonomy. Full autonomy requires that we are responsible for the consequences of our decisions, and responsibility is precluded by non-voluntariness, which is to say decisions made because there are no acceptable alternatives. Since most end of life decisions are made for precisely this reason, it looks as though most such decisions are non-voluntary, and therefore undermine our autonomy: a discomforting and paradoxical claim. I argue that we should respond by taking the paradox to illuminate the context required by an autonomy-respecting framework for legalizing assisted suicide and euthanasia. People should have a legal right to a reasonable choice about when and how to die. However, this must go hand in hand with institutions that ensure, as far as possible, that such choices are made against a background which ensures, as far as possible, that people choose death clear-sightedly and not because nothing else is acceptable. (shrink)

Sam, your newborn son, has been suffocating in your arms for the past 15 minutes. You’re as certain as you can be that he is going to die in the next 15.

As medical technology advances and severely injured or ill people can be kept alive and functioning long beyond what was previously medically possible, the debate surrounding the ethics of end-of-life care and quality-of-life issues has grown more urgent. In this lucid and vigorous book, Craig Paterson discusses assisted suicide and euthanasia from a fully fledged but non-dogmatic secular natural law perspective. He rehabilitates and revitalises the natural law approach to moral reasoning by developing a pluralistic account of just why we (...) are required by practical rationality to respect and not violate key demands generated by the primary goods of persons, especially human life. Important issues that shape the moral quality of an action are explained and analysed: intention/foresight; action/omission; action/consequences; killing/letting die; innocence/non-innocence; person/non-person. Paterson defends the central normative proposition that ’it is always a serious moral wrong to intentionally kill an innocent human person, whether self or another, notwithstanding any further appeal to consequences or motive’. (shrink)

I found a manin a roomsprawl awkwardat a dying angletickingat his bed’s endat his life’s endpast the end of his witsand his wife’sin a roomround the end of their lives.He trembled his vows againheld his cachectic bellepast her life’s endtheir last toast the mercy kill.I found himticking slowlyshe colddeliveredwaiting on his life.His survivalobliging inquiryof motiveof methodI hurriedhim off to hergentlest of homicides.Two mounds in a room, coolingpast fear, post suicide.

The main aim of this paper is to reconstruct different aspects of the history of ideas of suicide, from antiquity to late modernity, and contemplate their dialectical tension. Reflexive suicide prevention, drawing on the ancient wisdom that the art of living is inseparable from the art of dying, takes advantage, it is argued, of the contradictory nature of suicide, and hence embraces, rather than trying to overcome, death, pain, grief, fear, hopelessness and milder depressions. This approach might facilitate the transformation (...) of inner shame to inter-personal guilt, which is the precondition for coping with losses through grieving that is shared with others. The traditional projection of suicide on the ‘Other’, reinforced by modernity’s bio-political suppression of death, has inhibited development of good suicide prevention. Awareness of the ambiguity and ambivalence found in suicide may work as a resource when measures are taken to address as many causal mechanisms as possible, and bringing special emphasis to external factors. (shrink)

The current article deals with the ethics and practice of physician-assisted suicide (PAS) and dying. The debate about PAS must take the important legal and ethical context of medical acts at the end of life into consideration, and cannot be examined independently from physicians’ duties with respect to care for the terminally ill and dying. The discussion in Germany about active euthanasia, limiting medical intervention at the end of life, patient autonomy, advanced directives, and PAS is not fundamentally different in (...) content and arguments from discussions led in other European countries and the United States. This must be emphasized, since it is occasionally claimed that in Germany a thorough discussion could not be held with the same openness as in other countries due to Germany’s recent history. Still, it is worthwhile to portray the debate, which has been held intensively both among experts and the German public, from the German perspective. In general, it can be stated that in Germany debates about questions of medical ethics and bioethics are taking place with relatively large participation of an interested public, as shown, for instance, by the intense recent discussions about the legalisation of advanced directives on June 18 2009, the generation and use of embryonic stem cells in research or the highly difficult challenges for the prioritizing and rationing of scarce resources within the German health care system. Hence, the current article provides some insights into central medical and legal documents and the controversial public debate on the regulation of end-of-life medical care. In conclusion, euthanasia and PAS as practices of direct medical killing or medically assisted killing of vulnerable persons as “due care” is to be strictly rejected. Instead, we propose a more holistically-oriented palliative concept of a compassionate and virtuous doctor-cared dying that is embedded in an ethics of care. (shrink)

The debate over euthanasia and physician-assisted suicide (EPAS) continues to ignore the philosophical anthropology on which certain critical claims rest. In this paper, I offer several anthropologically based arguments against one prominent justification for EPAS: the Argument from the Evil of Suffering. I demonstrate that the argument is, at its core, a utilitarian one, and that a sound rebuttal can be found by examining Karol Wojtyla/Pope John Paul II's view of suffering as a transformative experience for the human person. Wojtyla (...) both rejects the secular bioethics vision of meaningless, quantifiable suffering, but also offers to take Christian bioethics far beyond the story of Job and into the realm of phenomenological change. By focusing on participation of the suffering sick in community with others, and rejecting alienation, Christians can arrive at a more complete conception of suffering that embraces the complementarities of philosophy and theology. (shrink)

Most quantitative studies that survey nurses’ attitudes toward euthanasia and/or assisted suicide, also attempt to assess the influence of religion on these attitudes. We wanted to evaluate the operationalisation of religion and world view in these surveys. In the Pubmed database we searched for relevant articles published before August 2008 using combinations of search terms. Twenty-eight relevant articles were found. In five surveys nurses were directly asked whether religious beliefs, religious practices and/or ideological convictions influenced their attitudes, or the respondents (...) were requested to mention the decisional basis for their answers on questions concerning end-of-life issues. In other surveys the influence of religion and world view was assessed indirectly through a comparison of the attitudes of different types of believers and/or non-believers toward euthanasia or assisted suicide. In these surveys we find subjective religious or ideological questions (questions inquiring about the perceived importance of religion or world view in life, influence of religion or world view on life in general, or how religious the respondents consider themselves) and objective questions (questions inquiring about religious practice, acceptance of religious dogmas, and religious or ideological affiliation). Religious or ideological affiliation is the most frequently used operationalisation of religion and world view. In 16 surveys only one religious or ideological question was asked. In most articles the operationalisation of religion and world view is very limited and does not reflect the diversity and complexity of religion and world view in contemporary society. Future research should pay more attention to the different dimensions of religion and world view, the religious plurality of Western society and the particularities of religion in non-Western contexts. (shrink)

The risks associated with the techniques of medically assisted procreation (MAP) rapidly became well-known, and in such a short space of time that no biomedical domain remained untouched by the great deal of thinking and the expression of a multitude of opinions it provoked. MAP is evolving between two poles: quality/misuse (even violation) and evidence/fantasy. The ethics will be evoked in the clinical reality from which they spring and where their justification lies. The three objects common to these ethics, the (...) oocyte, the embryo and the child, are illustrated in this context. MAP has as its corollary access to the oocyte, the fertilization of which will take place in vitro. Access to the embryo, on the other hand, enables the clinician, for the purposes of diagnosis [preimplantation genetic diagnosis (PGD), predictive medicine], or even soon for therapeutic purposes (gene therapy) to draw close to a boundary, to trespass beyond which may be seen by humanity to threaten its very origins and integrity: the alienation of the human genome. For the infertile couple, the missing child may take on a dimension of which they would have been unaware, had they not been forced to express their desire. The burden of the imaginary child may, in this way, become a heavier load to bear when, after such desire, he comes into being. MAP puts the goal of normalisation within reach and, in doing so, accentuates the risk of the burden of the attributed representation of the child. On the one hand, MAP offers a tremendous diagnostic and therapeutic potential, while on the other it opens the door to excess and delirium. In this melting pot, ethics, catalysed by this new source of problematics, has discovered a favourite area in which to define and redefine itself. We propose the intervention of ethics on three different levels. Before the elaboration of the law: on first reflection, ethics may influence the responsibilities of the legislator, by taking care that the law does not obscure the biomedical and socioeconomic contexts of MAP and, thereby, also include other related and complementary aspects dealing with the same subject. The secondary discussion of ethics should influence the application of legal protection, by taking into account the rapid technological and social development of MAP, there too, by discussing the whole, rather than the details which will obscure the object. The ethical reflection of the clinician, who is aware of these difficulties, is guided by elements that are specific to his position as a doctor. The cohesion of the team around the clinician and the ethics specialist enables us to develop consensual clinical ethics that are transmissible and therefore teachable. This complex role can, in our view, only be acted out directly in the clinical situation, where the constant, direct relationship with the object of the reflection and the treatment allows ethics to take into account the contingencies of medical practice: we invite the ethics specialist to take part in our clinical activity on a daily basis. (shrink)