The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
A man with Huntington's chorea, if married and if he has children,
will surely transmit the disease to some of these children, and they
to their children. Vasectomy on him will prevent a propagation of
his kind but will cure no disease. Moreover, he is not a criminal
and not amenable to punishment. The bad effect, sterilization, must
be perpetual in his case or it is foolish, but the sterilization is
not a punishment, nor a means of saving the health of the patient.
Whatever good comes of the act comes out of an evil cause. If such a
man persists in marrying, his marriage might be prevented, but that
is different from mutilating him.
The State has no _direct dominion_ over the lives or members of its
citizens, nor are citizens naturally mere instruments for the good of
the government; on the contrary, the government exists solely for the
good and utility of the citizen. The State may not take the life of
an innocent person, nor mutilate him, unless these acts are necessary
either (1) to protect the life or rights of individuals; or (2) to
preserve the social life of the commonwealth. Now, neither of these
two requisites is present when there is question of vasectomizing a
man.
The right or life of no individual is at stake. The rights of the
possible children, yet unborn, are not injured, because, as these
children are not in existence, they have no rights. Should they come
into being, it is always better to be, even though diseased, than not
to be. The methods of cattle-breeders in dealing with human beings is
not a virtue in the State, but an outrage and a degradation of human
nature.
The rights of the wife are not injured, because she personally
receives no injury; and if her possible children have chorea, for
example, she either voluntarily took that risk when she married, or
if she did not, through ignorance, there are other means to avoid
the trouble than the evil of sterilization, which in itself would
render the use of marriage onanistic. If the husband has syphilis,
gonorrhea, leprosy, tuberculosis, or any other infectious disease,
vasectomy is no protection for the wife.
May a physician employed by the State in a prison, an institution
for the feeble-minded, or a like place, do vasectomy at the command
of the law? Certainly he may not, except in those rare cases where
vasectomy is permissible as described above.
Public-domain text, read in full here on John Shaqi.
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