The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
Marriage was instituted to beget children; that is the proper end of
the contract, its basic justification. Whenever the debitum is used
it must be with the intention of generating children. Even the use
of marriage as a remedy of concupiscence is so secondary an end that
it alone is not enough to legitimize marriage. Because a woman does
not always have ova present in the tubes,--and there is no means
of knowing just when the ova are present,--it is justifiable to
repeat the conjugal act until the woman is impregnated; secondarily
and dependently, the repetition may be a remedy of concupiscence.
The sexual act does not form either the spermatozoa or the ova;
these pre-exist. The spermatozoa are always released in a normal
sexual act; the ova are not always present when the spermatozoa are
released. A copula which is perfectly _de se apta ad generationem_
supposes not at the time the presence of both sperm and ovum, but
it does suppose the possibility of the ovum, otherwise generation
is utterly impossible; and every copula becomes justifiable solely
because there is a hope that it may be present. It is a mere
quibble to say that an act is _de se apta ad generationem_ if by
no possibility generation ever can take place; nevertheless the
congregations in four cases have apparently judged to the contrary.
In these special decisions, however, Rosset, Antonelli, Bucceroni,
and Palmieri hold there was a doubt in the minds of the members of
the congregation as to the complete removal of the ovaries or uterus.
Bucceroni expressly states[244] that the Cardinal Secretary of the
Holy Office told him personally the members of the congregation
supposed in the particular cases that generation could follow.
Therefore these decisions do not say that the _mulier excisa_ in
general is not impotent or potent; they merely gave the women of
these cases the benefit of the doubt. Tho question is entirely open
so far as these decisions are concerned.
[244] _Theologia Moralis_, 5th ed., vol. ii, p. 391, n. 994.
Those who hold that vasectomy causes canonical impotence say also
the constitution of Sixtus V. forbidding the marriage of eunuchs is
applicable necessarily to the vasectomized man, because the semen
from the vasectomized man, inasmuch as it lacks spermatozoa, is not
genuine semen, and Sixtus V. said eunuchs cannot produce true semen.
The relevant passage in the constitution is: "Cum frequenter in istis
regionibus eunuchi et spadones, qui utroque teste carent, et ideo
certum ac manifestum est eos verum semen emittere non posse; quia
impura carnis tentigine atque immundis complexibus cum mulieribus
se comiscent, et humorem forsan quemdam similem semini, licet ad
generationem et ad matrimonii causam minime aptam, effundunt,
matrimonium ... contrahere praesumant ... mandamus ut conjugia per
dictos et alios quoscumque eunuchos ... contrahi prohibeas."
Public-domain text, read in full here on John Shaqi.
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