The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
Direct suicide on one's own authority may happen in two ways:
positively, that is, by doing an act which is directly homicidal;
or negatively, by omitting an act necessary for the preservation of
life. That a negative homicide be direct, death must be intended as
an end or means. If, however, one voluntarily intends an end or a
means, but for the sake of antecedent good or evil omits some act
necessary to preserve life, his suicide is indirect, _per accidens_,
and not always illicit unless there is a precept against just such
an omission. Man has no dominion over his own life, he has only
the use of it; and the natural law obliges us while using a thing
which is under the dominion of another not to omit ordinary means
for its preservation. We are not, however, held to extraordinary
means. His own death is criminally imputable to him who negatively
and indirectly kills himself by omitting the ordinary means for
preserving his life, because the precept he is under to preserve his
own life makes his act voluntary. If he omits extraordinary means,
the death is not criminally imputable to him because there is no
precept obliging such means. Certain circumstances may by accident
oblige one to use extraordinary means to preserve one's own life--a
dependent family, a public office in perilous times, or the like. The
proposition, then, is: The natural law does not give a man absolute
dominion over his own life.
I. The natural law gives no rights except such as are finally founded
in human nature itself; but human nature cannot give a title to
dominion over one's own life; therefore the natural law does not give
man such a right.
Every natural right is either congenital or acquired. The title to
a congenital right is human nature itself; the title to an acquired
right is some act consequent to the exercise of human activity. The
right to such exercise is, in turn, congenital and founded in human
nature.
If nature established the title to dominion over one's own life it
would thereby establish the power of destroying that life, and thus
of removing the fundamental title to all rights; but nature exists
as the foundation for rights, not for the subversion of rights;
therefore human nature cannot give a final title to dominion over our
own life.
Again, this minor of the first argument is confirmed by the fact that
if nature even remotely established the power of self-destruction
there should be in nature itself some natural tendency to such
destruction, but the direct contrary is the fact.
II. The natural law cannot grant a right to man which is not a means
to the common end of human life; but absolute dominion over one's own
life is not such a means, therefore the natural law cannot give one
dominion over his own life.
Public-domain text, read in full here on John Shaqi.
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