The Ethics of Medical Homicide and Mutilation — John Shaqi
The Ethics of Medical Homicide and MutilationO'Malley, Austin
Religion
The Ethics of Medical Homicide and Mutilation
O'Malley, Austin
Medical ethics
We must obey civil authority, but we are not slaves or chattels of
that authority. The state's authority over us is not dominative; it
is only a power for our good and utility. The civil authority has no
more right to invade the rights of its meanest citizen than it has
to lie or to blaspheme. God gives civil authority to the established
community, and the community entrusts this to its ruler; authority
is a divine institution, rulers are directly a human institution and
only indirectly divine. When the ruler has once been set up, has had
authority entrusted to him, obedience must be given to him while he
acts in keeping with his contract. Kant and his followers erroneously
separate the juridic from the moral order; they deny that beyond the
state there are any rights preeminent to the state's rights, yet they
say there is an innate liberty which belongs to every human being
equally and inalienably. The moral order comprehends all factors that
are necessary to make the free activity of man in every respect well
disposed, and among these factors is the juridic order itself. Man is
naturally social, and whatever means are necessary to preserve human
society are also naturally befitting man. Such means are to preserve
for each man what are his, and to abstain from injuring other men.
Now, so to act, that is, to abstain from murder, theft, and the like,
to fulfil contracts, are strictly juridic duties, and at the same
time moral duties. Therefore the moral order comprehends the juridic
order.
The end of the state, then, is not the public good considered as an
end in itself. The individual citizen is not his own end in life, and
so no mere multitude of men ever can become their own end. If the end
of the state is the public good, then private good is subordinate
to this, and the public good becomes man's final end, which is
subversive of human dignity and is despotism.
A clear definition of the power of the state to interfere with the
rights to life and limb of the individual citizen is very important,
because, as has been said, of late there is an alarming tendency
on the part of the civil authority to override the rights of
private citizens, even in the most democratic forms of government.
Encroachment on the liberty of the individual is characteristic of
unchristian political societies, and all states are now receding from
Christianity. A striking example of this tyranny is the laws recently
passed in ten American states for the mutilation of degenerates. This
definition is more readily made by considering concrete examples of
public conduct.
Public-domain text, read in full here on John Shaqi.
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