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
Suppose an enemy demands from a city the surrender for execution
of an innocent man on pain of the burning of the city and the
destruction of its inhabitants. May the city cut off that member for
the safety of the whole body politic, as a person may cut off his own
hand to save his life? The state has not dominion over the life of a
citizen, nevertheless it may kill a citizen in punishment of crime,
because the punishment is useful to the whole people, is for the
common good, is preservative of the social life. Why, however, should
the state be permitted to kill a criminal rather than an innocent
man, since it has no dominion over the life of either, and we suppose
the death of each is necessary for the public good? If you answer by
saying a man may cut off a diseased member but not a sound one to
save his body, and the state in like manner may cut off a criminal,
unsound member, but not an innocent one, this answer does not remove
the difficulty: we may cut off even a sound member to save the body.
Suppose, for example, a man caught by the arm and in danger of death
from a flood; he might sever a sound arm to escape death if no other
means presented. In like manner the state might cut off an innocent,
sound member to save its life from the enemy, as described above.
This reasoning, however, is open to objection. The state has no
dominion over the life of its members, and there is a vast difference
between the members of the human body and those of a body politic.
A member of a human body has no right in itself against the other
members; nor is it capable of natural injury, since it is not
separable from the whole suppositum, or person. The suppositum, or
person, has a right to the use of the members; it alone is injured
when a member is amputated; and the members are solely for the
utility of the suppositum. Therefore we may licitly destroy a member
to save the suppositum for which this member exists.
The state, however, is not a suppositum in this sense; it may not
wrest the life of its members to its own utility, because the
citizens are not for the state; on the contrary, the state is for
them and their utility. That a rational being should be for the
utility of another person or a society makes him a slave and supposes
dominion in the user. A slave is differentiated from a subject
by the fact that the subject is only politically governed--that
is, governed for his own utility and good; the slave is governed
despotically--that is, for the utility and good of his master. The
state may not, as a master, use the life of a subject for its own
utility alone. Although the suppositum does not own its members,
yet since the members are not separable from the man, are not
self-centred as are the citizens in a state, the man may use them for
his own utility. They are as slaves under a master, not as subjects
in a body politic; therefore they may be sacrificed for the good of
the suppositum.
Public-domain text, read in full here on John Shaqi.
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