Moral Principles and Medical Practice: The Basis of Medical JurisprudenceCoppens, Charles
Philosophy
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Charles
Medical ethics; Medical jurisprudence
In the "Medical Record" for July 27, 1895, p. 141, this gentleman writes
in defence of craniotomy: "The question is a legal one _per se_ against
which any conflicting view is untenable. The subdivisions under which
the common law takes consideration of craniotomy are answers in
themselves to the conclusions quoted above, under the unfortunate
necessity which demands the operation." Next he quotes the Ohio statute
law, which, he remarks, was enacted in protection of physicians who are
confronted with this dire necessity. He is answered with much ability
and sound learning by Dr. Thomas J. Kearney, of New York, in the same
"Medical Record" for August 31, 1895, p. 320, who writes: "Dr. G. bases
his argument for the lawfulness of craniotomy in the teachings of common
law, contending, at least implicitly, that it is unnecessary to seek
farther the desired justification. However, the basis of common law,
though broad, is certainly not broad enough for the consideration of
such a question as the present one. His coolness rises to sublime
heights, in thus assuming infallibility for common law, ignoring the
very important fact that behind it there is another and higher law,
whose imperative, to every one with a conscience, is ultimate. It
evidently never occurs to him that some time could be profitably spent
in research, with the view to discovering how often common-law maxims,
seen to be at variance with the principles of morality, have been
abrogated by statutory enactments. Now the maxims of common law
relating to craniotomy, the statutes in conformity therewith, as well as
Dr. G.'s arguments (some of them at least), rest on a basis of pure
unmitigated expediency; and this is certainly in direct contravention of
the teachings of all schools of moral science, even the utilitarian."
Dr. Kearney's doctrine of the existence of a higher law, superior to all
human law, is the doctrine that has been universally accepted, in all
Christian lands at least, and is so to the present day. Froude explains
it correctly when he writes: "Our human laws are but the copies, more or
less imperfect, of the eternal laws so far as we can read them, and
either succeed and promote our welfare or fail and bring confusion and
disaster, according as the legislator's insight has detected the true
principle, or has been distorted by ignorance or selfishness" (Century
Dict., "Law").
Public-domain text, read in full here on John Shaqi.
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