The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
Men, like Sharp, who have done hundreds of vasectomies, say the
operation commonly removes the inclination to masturbation.
Masturbation is, as a rule, a moral condition, but it can, like
alcoholism, come to have a large physical element. Idiots almost
unexceptionally have this vice, and in them there is no morality
possible. If by vasectomy they can be cured of this vice, which
injures their health and is a social indecency and a source of sin
in observers, the operation would be licit in their case. When the
patient is morally responsible vasectomy would not be licit, as there
is no adequation between a physical evil like sterilization and a
moral vice. There are cases of pathological sexual erethism which
are so violent that the patients must be put into strait-jackets to
prevent constant masturbation. The semen of such patients is usually
devoid of spermatozoa. If the patient is confined in a strait-jacket
he will die, and vasectomy, according to Sharp, will quiet such a
man. Vasectomy would be permissible in these circumstances.
The question has arisen in the case of a sane masturbator who is
neurotic, weak-willed, and a confirmed addict to his vice, whether
or not his vasa might be tied off by ligatures, temporarily, with
the intention of removing the ligature later and restoring function.
I think not. Even temporary sterilization is sterilization, a grave
mutilation, while it lasts, and the condition is really moral
fundamentally, and therefore not a fitting object for physical
remedies.
When vasectomy is done by the State, it is done either as a penal
or as a prophylactic measure. As a general statement we can say
the State in certain conditions has the right to kill or mutilate
a criminal in defence of the social order; but even then any
punishment, to be justifiable, must be effective and necessary,
and it has to be either reformative, exemplary, or reparative in
regard to the crime for which it is inflicted. Capital punishment
and mutilation are effective usually, and are necessary for the
preservation of society. The natural law permits the State to
preserve itself against the unjust encroachments of individuals by
curtailing their rights in so far as that curtailment is effective
and necessary: since the natural law requires the existence of civil
society, it must allow what is necessary for the preservation of that
society. There is no question here of a good end justifying evil
means; the means which otherwise would be evil in these conditions
become good. Homicide and mutilation are not mere killing or mere
maiming, but unjust killing or unjust maiming. Killing or maiming is
not intrinsically wrong under all circumstances, as lying, blasphemy,
and some other crimes are; nevertheless, as a punishment by maiming,
vasectomy is ordinarily wrong, and therefore a law making it an
ordinary mode of punishment for certain whole classes of criminals,
or all criminals, is unjust.
Public-domain text, read in full here on John Shaqi.
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