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
One rash utterance, like that of Dr. Bach, can do an incalculable amount
of harm. Why, gentlemen, just think what consequences must follow if his
principle were, admitted! For the only reason that could give it any
plausibility would be that the patient's life is become useless and
insupportable. If that were a reason for taking human life away, then it
would follow that, whenever a man considers his life as useless and no
longer supportable, he could end it, he could commit suicide. That
reasoning would practically justify almost all suicides. For, when
people kill themselves, it is, in almost all cases, because they
consider their lives useless and insupportable. Whether it results from
physical or from moral causes that they consider their life a burden,
cannot, it seems to me, make any material difference; grief, shame,
despair are as terrible sufferings as bodily pains. If, then, we accept
Dr. Bach's principle, we must be prepared for all its baneful
consequences.
IV. But are there no exceptions to the general law, "Thou shalt not
kill"? Are there no cases in which it is allowed to take another's life?
What about justifiable homicide? There are three cases of this nature,
gentlemen; namely, self-defence, capital punishment inflicted by the
state, and active warfare. With only one of these can a physician, as
such be concerned or think himself concerned. He is not a public hangman
executing a sentence of a criminal court; nor is he acting as a soldier
proceeding by public authority against a public foe. As to the plea of
self-defence, it must be correctly understood, lest he usurp a power
which neither human nor divine law has conferred upon him.
1. _Self-defence._ It is a dictate of common-sense, already quoted by
Cicero as a universally received maxim of Jurisprudence in his day, that
it is justifiable to repel violence by violence, even if the death of
our unjust assailant should result. In such a case, let us consider what
really takes place. A ruffian attempts to take away my life; I have a
right to my life. I may, therefore, protect it against him; and, for
that purpose, I may use all lawful means. A lawful means is one that
violates no law, one that I may use without giving any one reasonable
ground of complaint. Suppose I have no other means to protect my life
than by shooting my aggressor; has he a right to complain of my conduct
if I try to do so? No, because he forces me to the act; he forces me to
choose between my life and his. Good order is not violated if I prefer
my own life: well-ordered charity begins at home. But is not God's right
violated? It is; for God has a right to my life and to that of my
assailant. The ruffian who compels me to shoot him is to blame for
bringing both our lives into danger; he is responsible for it to God.
But the Creator will not blame me for defending my life by the only
means in my power, and that when compelled by an unjust assailant, who
cannot reasonably find fault with my conduct.
Public-domain text, read in full here on John Shaqi.
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