The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
2. If it is done to safeguard a wife with a narrow pelvis it is
a means, evil in itself, used directly to effect a good end; and
a good end, or any end or effect, never justifies a direct evil
means or cause. There is in reality no such thing as a good effect
from an evil means or cause; the evil means or cause essentially
and substantially vitiates the effect. There is no question here of
a double effect, one good and one evil, wherein the good effect is
intended and the evil permitted, both coming with equal directness
from the single causal act. On the contrary, from the vasectomy
here there is the single direct effect that the man is sterilized,
and then directly from this sterility comes the desired effect, the
protection of the wife. For exactly the same reason, vasectomy done
to prevent the transmission of a hereditary disease is illicit; it is
an evil means used directly to effect an end intended. In artificial
abortion when the fetus is inviable the act done is to empty the
uterus, and this act itself kills the fetus, which is not an unjust
aggressor, and is murder. This murder may save the mother's life,
but the end does not justify the means. The vasectomy to protect the
mother's life or to avert an evil heredity is a parallel case.[245]
[245] See the chapter on General Principles concerning Mutilation
for an explanation of the act with a double effect.
The fourth case supposes that the vasectomy was done to cure the man
of some malady. If there were a malady that endangered the patient's
life, or destroyed the health of the body and it could be cured by
vasectomy, the operation would of course be licit for the reasons
given in the chapter on General Principles concerning Mutilation.
Dr. Carrington tells us[246] that he did vasectomy on an epileptic
convict and cured him. Such a cure is doubtful as to permanence. He
describes two dangerous insane negro homicides who were rendered
harmless by vasectomy. In cases like those of the homicides any
one responsible for them would probably be justified in having the
operation done, although these two cases are the only direct ones on
record. Epileptics sometimes show a homicidal tendency, but it is
doubtful that vasectomy would help them. The operation of vasectomy
as a cure for bodily ill has a very limited field. There are very
many conditions in women where it is necessary to remove the ovaries
or the tubes to save life, or to cure chronic invalidism of an
unbearable nature. These conditions are discussed in the chapter on
Gonorrhea. There is no objection to the removal of a tube or an ovary
when such removal is absolutely necessary, but the necessity must be
clearly evident. There is a tendency in some surgeons to mutilate
women in this manner without sufficient reason or to follow out a
therapeutic theory.
[246] _Virginia Medical Semi-monthly_, vols, xiv, xv.
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