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
2. The case would present greater difficulties if the growth in question
were _known_ to contain a living fœtus. Such a case is discussed in all
its details, with remarkable philosophical acumen, and in the light of
copious information furnished by prominent members of the medical
profession, in the pages of the "American Ecclesiastical Review" for
November, 1893, pages 331-360. The participants in this interesting
discussion are writers who enjoy a world-wide reputation for keenness of
intellect and soundness of doctrine in philosophical and theological
learning. They are not at all agreed as to the practical conclusion
arrived at, and even those who agree to the same conclusion do so for
different reasons. Three of them agree that in the case of a cyst known
to contain a living embryo, when a rupture most probably fatal to mother
and child is imminent, the abdominal section might be performed
lawfully, the cyst opened and the child baptized before its certain
death. Two of these justify this conclusion on the principle that the
death of the child is then permitted only or indirectly intended; one
maintains that the killing of the embryo is then directly procured, but
he considers that an embryo in a place not intended for it by nature is
where it has no right to be, and therefore may be treated as an unjust
aggressor upon the mother's life. At least one of the disputants
condemns the operation as absolutely unlawful.
Gentlemen, when such authorities disagree, I would not presume to
attempt a theoretic decision. But then we have this other principle
practically to guide us, that in matters so very doubtful we need not
condemn those who differ from our view, as long as they feel convinced
that they are acting wisely and prudently. In Jurisprudence, reason must
be our guide when it affords us evidence of the truth. But when our
reason offers arguments on both sides of the question, so that we can
arrive at no certain conclusion, then we act prudently by invoking the
authority of wiser minds who make moral questions a speciality, and we
are perfectly safe if we follow the best authority obtainable.
A Catholic physician has here a special advantage: for he has in cases
of great difficulty the decisions of Roman tribunals, composed of most
learned men, and renowned for the thoroughness of their investigations
and the prudence of their verdicts, to serve him as guides and vouchers
for his conduct. Although these tribunals claim no infallibility, yet
they offer all the advantages that we look for, with regard to civil
matters, in the decisions of our Supreme Court. These Roman courts have
uniformly decided against any operation tending directly to the death of
an innocent child ("Am. Eccl. Rev.," Nov., 1893, pp. 352, 353; Feb.,
1895, p. 171).
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