The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
The doctrine of Probabilism is very important in morality. Any law
must be promulgated before it really becomes a law, and promulgation
in a rational conscience is sufficient. Sometimes there is rational
doubt of the existence, the interpretation, or the application of a
law in a given case. Here probability is the only rule we can follow.
A law which is doubtful after honest and capable investigation has
not been sufficiently promulgated, and therefore it cannot impose a
certain obligation because it lacks an essential element of a law.
When we have used such moral diligence as the gravity of the matter
calls for, but still the applicability of the law is doubtful in
the action in view, the law does not bind; and what a law does not
forbid it leaves open. Probabilism is not permissible where there is
question of the worth of an action as compared with another, or of
issues like the physical consequences of an act. If a physician knows
a remedy for a disease that is certainly efficacious and another that
is doubtfully efficacious, he may not choose this probable cure.
Probabilism has to do only with the existence, interpretation, or
applicability of a law, not with the differentiation of actions.
The term probable means provable, not guessed at, not jumped at
without reason. The doubt must be positive, founded on reason, not
a matter of mere ignorance, suspicion, emotional bias. The opinion
against a law to permit probabilism must be solid. It must rest upon
an intrinsic reason from the nature of the case, or an extrinsic
reason from authority, always supposing the authority is really an
authority. The probability is to be comparative also. What seems to
be a very good reason when standing alone may be weak when compared
with reasons on the other side. When we have weighed the arguments
on both sides, and we still have a good reason for holding our
opinion in a doubtful case, our opinion is probable. The probability
is, moreover, to be practical. It must have considered all the
circumstances of the case.
There is, then, a Supreme Being whom we _must_ obey, who created
and owns human life primarily; there is also a moral law. On these
facts rests the argument relating to the destruction of human life.
How far, then, has a human being dominion over his own life, and,
secondly, over the life of any one else?
St. Thomas,[2] Lessius,[3] and others offer as one argument to prove
suicide is not licit, that it is an injury to society or the state
of which the suicide is part, and to which the use and profit of
his service rightly belong. Lessius, while developing this proof,
acknowledges its weakness.
[2] _Summa Theologica_, 1, 2, q. 64, a. 5.
[3] _De Justitia et Jure_, lib. 2, cap. 9.
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