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Lecture INST-100155 2024 03 23 14 45 47
Lecture INST-100155 2024 03 23 14 45 47
– As a social institution, it
encompasses many standards
of conduct, including moral
principles, rules, rights and
virtues.
NATURAL LAW
• Rules for human beings, according to
the Rome’s Stoic philosophers, were so
embedded in the texture of the world
that they were law for humans. These
laws came to be known as “natural
laws.”
• Aquinas there made explicit the
connection between God and the
natural laws: a rational God made the
world work rationally and gave humans
reason to discover these laws.
• These rules commanded humans to
resist their feelings. St. Augustine
taught in the fourth century CE that sin
contaminated human feelings and
therefore lust, sloth, avarice and pride
infected humans.
Natural law theory bequeathed to medical
ethics the famous doctrine of double effect.
This doctrine held that if an action had two
effects, one good and the other evil, the evil
effect was morally permitted: (1) if the action
was good in itself or not evil, (2) if the good
followed as immediately from the cause as
did the evil effect, (3) if only the good effect
was intended, and (4) if there was as
important a reason for performing the action
as for allowing the evil effect.
• This doctrine forbids physicians from
assisting in executions, since it forbids
an intention to assist in killings. On the
other hand, it allows increasing
dosages of morphine for terminal
patients, so long as the intention is to
relieve suffering, not to kill the patient.
The principle of totality- also derives from
natural law. It says that the human body may
be changed only to ensure the proper
functioning of that body. The underlying idea
is that one’s body is not something that one
owns, but that one holds in trust for God:
“The body is the temple of the Lord.” So a
gangrenous leg may be amputated or a
cancerous breast removed, because these
disease threaten the body’s overall health.
KANTIAN ETHICS
Immanuel Kant (1724-1804) lived during
the Enlightenment, and believed in the
power of reason to solve human
problems.
The distinctive elements of Kantian
Ethics are the following:
a) Ethics is not a matter of
consequences but of duty. Why an act
is done is more important than its
results. Specifically, an act must be
done from the right motive, and the
right motive is the desire to do one’s
duty. Indeed, there is only one correct
motive in Kantian ethics and that is
the desire to be a good person, to do
what is right, to have a “pure will”
b) A right act has a maxim that is
universalizable. An act is right if one
can will its maxim or rule to be acted
on by all others. “Lie to get out of
keeping a promise” cannot be so
willed because if everyone acted this
way, promise making would mean
nothing.
c) A right always treats other human as
“ends-in-themselves,” never as a “mere
means.” to treat another person as an
“end-in-himself” is to treat him as having
absolute, infinite moral worth, not relative
worth. His welfare cannot be sacrificed to
the good of others or to one’s own desires.
So patients cannot unwittingly be used as
guinea pigs in dangerous experiments to
advance medical knowledge.
d) People are only free when they act
rationally. Kant would agree that much of
how we act is governed by our emotions ,
as well as our biology and genes. But
controversially, Kant denies that we act
morally when we do the right things
because we are accustomed to it, because
it feels right, or because our society favors
the act. We only act morally when we
exercise our understanding about why
certain rules are right and then freely
choose to bind our actions to those rules.
Kant calls the capacity to act this way
autonomy. For him, it gives human higher
worth and dignity than animals.
UTILITARIANISM- originated in late 18th
and early 19th century England as a
secular replacement for Christian
ethics. Its essential idea is that right
acts produce the greatest amount of
good for the greatest number of beings,
which is called “utility.”
The four basic tenets of Utilitarianism:
1) Consequentialism- consequences count,
not motives or intentions
2) Maximization- the number of beings
affected by consequences matters; the
more beings affected, the more important
the result.
3) A theory of value (or of “good”)- good
consequences are defined by pleasure
(hedonic utilitarianism) or what people
prefer (preference utilitarianism) or by
some other good thing.
4) A scope-of-morality premise- each being’s
happiness is to count as one and no more,
and beings who count are to be made
explicit, whether these are only humans or
all sentient creatures.
Contemporary Times:
Four Principles
1) Autonomy- refers to the right to make
decisions about one’s own life and body
without coercion by others. It honors the
value that democracies place on allowing
individuals to make their own decisions
about whom to marry, whether to have
children, how many children to have, what
kind of career to pursue, and what kind of
life they want to live. Insofar as is possible
and to the extent that their decisions do not
harm others, individuals should be left
alone to make fundamental medical
decisions that affect their own bodies and
lives.
1. ‘I am autonomous if I rule me, and no one else rules I’ (Joel
Feinberg, quoted in Dworkin 1988, p.5).