The Ethics of Medical Homicide and Mutilation — John Shaqi
The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
We may do an act good in itself from which a double effect
immediately follows, one good, to which the agent has a right, and
the other bad, which the agent is not obliged to omit if permitted
by him and not intended; but in the case of a necessary defence of
life against an unjust aggressor, made even with the death of the
aggressor, the defence is such an act, provided the moderation of a
blameless defence is observed.
The evil effect here is not a means to the good effect, nor does it
more immediately follow from the act done. The evil effect is an
effect _per accidens_, and thus not directly voluntary, either in
itself, because it is not intended, or in its cause. It lacks the
condition necessary to make it voluntary in cause as regards the
accidental effect since the act is not prohibited precisely because
this accidental effect follows.
The act in the case is good in itself; it is an application of
physical force in defence of a proper right, and any right supposes
a compulsive power. The two effects of this double-effect act are:
(_a_) the preservation of the defender's life, and (_b_) the death of
the aggressor. The first effect is good because the defender has a
right to his own life; the other effect is evil, not only physically
for the one who dies, but morally inasmuch as the death conflicts
with the dominion of God. This death, however, is an accidental
effect of the act, because in general the defensive act is not
directed by its nature to that death but to the preservation of the
defender's life; nor does the death follow more immediately than the
preservation. Thus it is not a means of the defence. Finally, the
defensive act is not prohibited precisely lest that death follow: not
in justice, for there is no justice in any right of the aggressor
which requires from the defender an omission of defence unto the loss
of life; there is no obligation in charity, since charity does not
oblige us to love another more than ourselves, or to exalt the good
of another above our own.
In an aggression which is merely material--say, in an attack by an
insane man--the defender has a right to the infliction of such damage
as is necessary and proportionate to an efficacious defence. The
right of the aggressor yields to the superior right of the defender,
not through the fault of the aggressor but through his misfortune.
There is a collision where both rights cannot be exercised at the
same time, and there is no reason obliging the defendant to forego
his own right.
Public-domain text, read in full here on John Shaqi.
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