The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
We may defend another against an unjust aggressor because we can
assume that the attacked person communicates to us the use of his
own coactive right. If the aggressor is our own father, mother, son,
or daughter, or in general any one to whom charity obliges us more
than to the person attacked, we are not permitted to kill our own kin
because charity does not oblige us to prefer the good of an alien
to the good of one of our blood. Ordinarily we are not obliged in
justice or charity to defend another at the risk of our own life.
We may kill an unjust aggressor, _servatis servandis_, in defence
of good equivalent in value to life: for example, to prevent life
imprisonment, the loss of reason, a mutilation which would render us
useless, the loss of a woman's chastity.
There are cases of _accidental_ homicide, in medicine and elsewhere,
which have an element of guilt in them. If a death follows
accidentally upon an act which in itself is licit, and the agent
uses all proper precautions, he is not morally guilty in case of
an accidental death following his act. This is true even if the
agent foresaw a probable death but did not intend it. If, however,
the agent's primary act is illicit in itself, and an accidental
death follows from this act, the agent may be guilty of homicide,
provided the first act in itself is naturally likely to cause
homicide. Should the first act be always dangerous, such that
death commonly follows from it, like rocking a row-boat, aiming a
supposedly unloaded gun at a person and pulling the trigger, striking
a pregnant woman, drinking whiskey and then overlying an infant in
the bed, throwing building material from a roof to a street, racing
an automobile through a crowded thoroughfare, sending a crew out in
a rotten ship, and so on, the accidental homicide that follows is
imputable to the agent no matter how much precaution he may say he
has used to avert such a death.
Suppose, secondly, the original act of the agent is illicit but such
that accidental death rarely follows from it; then if he takes due
precaution he is not ordinarily guilty of homicide. He has, say,
stolen an automobile, and is going along the street leisurely, when a
careless child runs off the sidewalk under the machine and is killed.
1. No person, then, may hasten his own death or permit any one else
to hasten it.
2. No physician may in any possible condition kill a patient merely
to effect euthanasia.
3. The state has no more right than the physician to permit the
killing of patients to bring about euthanasia.
Public-domain text, read in full here on John Shaqi.
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