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
St. Alphonsus Liguori[27] was a follower of the Thomistic opinion.
He affirmed: "They are wrong that say the fetus is animated at the
instant of conception, because the fetus certainly is not animated
before it is formed, as is proved from Exod. xxi: 22, where in the
Septuagint version we find: 'He that strikes a gravid woman and
causes abortion, will give life for life if the child was formed;
if it was not formed, he will be fined.'" This argument by St.
Alphonsus is invalid apart from any facts that may bear upon either
the Thomistic or the modern opinion concerning the quickening of
the fetus. The text from the Septuagint Exodus is (1) too doubtful
in itself to be the basis of any argument; but (2) even if it were
authentic just as it stands, the conclusion St. Alphonsus draws from
it is not warranted by the premises. The Septuagint text differs
from the Vulgate and the Hebrew texts. The Vulgate has it thus: "Si
rixati fuerint viri et percusserit quis mulierem praegnantem, et
abortum quidem fercerit, sed ipsa vixerit, subjacebit damno quantum
maritus mulieris expetierit et arbitri judicaverint; sin autem mors
fuerit subsecuta, reddit animam pro anima, oculum pro oculo, dentem
pro dente, manum pro manu, pedem pro pede, adustionem pro adustione,
vulnus pro vulnere, livorem pro livore."[28] This version has nothing
whatever to say about the _foetus formatus_ or _non formatus_; it is
merely an application of the Semitic Lex Talionis, and the form of
the law is clearly corrupt and inaccurate.
[27] _Theologia Moralis_, lib. iv, tr. 4, n. 594.
[28] If men quarrel, and one strike a woman with child, and she
miscarry indeed, but live herself, he shall be answerable for so
much damage as the woman's husband shall require and as arbiters
shall award. But if her death ensue thereupon, he shall render
life for life, eye for eye, tooth for tooth, hand for hand, foot
for foot, burning for burning, wound for wound, stripe for stripe.
The passage quoted by St. Alphonsus as that of the Septuagint is not
exact even as the Septuagint has it. The full text is: "If two men
fight, and one strike a woman that hath [a child] in the womb, and
her babe come forth not yet fully formed,[29] in a fine he shall
be mulcted; whatsoever the husband layeth upon him he shall give
according to decision [_i.e._, of the judges]. But if it [the babe]
be fully formed he will give life for life, eye for eye, tooth for
tooth, hand for hand, foot for foot, burning for burning, wound for
wound, stripe for stripe."
[29] καὶ ἐξέλθη παιδίον αὐτῆσ μὴ ἐξεικονισμένον--not moulded out
into form; ἐξεικονίζειν, to mould out into form: εἰκων, an icon,
image, likeness.
Public-domain text, read in full here on John Shaqi.
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