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Philosophy and Medicine
P&M136
Nathan Emmerich
Pierre Mallia
Bert Gordijn
Francesca Pistoia Editors
Contemporary
European
Perspectives
on the Ethics
of End of Life Care
Philosophy and Medicine
Volume 136
Series Editors
Søren Holm, The University of Manchester, Manchester, UK
Lisa M. Rasmussen, UNC Charlotte, Charlotte, USA
Founding Editors
H. Tristram Engellhardt, Rice University, Houston, TX, USA †
Stuart F. Spicker, Renodo Beach, USA †
Editorial Board
George Agich, National University of Singapore, Singapore, Singapore
Bob Baker, Union College, Schenectady, NY, USA
Jeffrey Bishop, Saint Louis University, St. Louis, USA
Ana Borovecki, University of Zagreb, Zagreb, Croatia
Ruiping Fan, City University of Hong Kong, Kowloon, Hong Kong
Volnei Garrafa, International Center for Bioethics and Humanities,
University of Brasília, Brasília, Brazil
D. Micah Hester, University of Arkansas for Medical Sciences, Little Rock, AR, USA
Bjørn Hofmann, Norwegian University of Science and Technology, Gjøvik, Norway
Ana Iltis, Wake Forest University, Winston-Salem, NC, USA
John Lantos, Childrens’ Mercy, Kansas City, MO, USA
Chris Tollefsen, University of South Carolina, Columbia, USA
Dr Teck Chuan Voo, Centre for Biomedical Ethics, Yong Loo Lin School
of Medicine, National University of Singapore, Singapore, Singapore
The Philosophy and Medicine series is dedicated to publishing monographs and
collections of essays that contribute importantly to scholarship in bioethics and the
philosophy of medicine. The series addresses the full scope of issues in bioethics
and philosophy of medicine, from euthanasia to justice and solidarity in health care,
and from the concept of disease to the phenomenology of illness. The Philosophy
and Medicine series places the scholarship of bioethics within studies of basic
problems in the epistemology, ethics, and metaphysics of medicine. The series
seeks to publish the best of philosophical work from around the world and from all
philosophical traditions directed to health care and the biomedical sciences. Since
its appearance in 1975, the series has created an intellectual and scholarly focal
point that frames the field of the philosophy of medicine and bioethics. From its
inception, the series has recognized the breadth of philosophical concerns made
salient by the biomedical sciences and the health care professions. With over one
hundred and twenty five volumes in print, no other series offers as substantial and
significant a resource for philosophical scholarship regarding issues raised by
medicine and the biomedical sciences.
Contemporary European
Perspectives on the Ethics
of End of Life Care
Editors
Nathan Emmerich Pierre Mallia
Australian National University The Faculty of Medicine and Surgery,
Canberra, Australia Bioethics Research Programme
University of Malta
Bert Gordijn Msida, Malta
The Institute of Ethics
Dublin City University Francesca Pistoia
Dublin, Ireland Department of Biotechnological and
Applied Clinical Sciences, Neurological
Institute
University of L’Aquila
Via Vetoio, L’Aquila, Italy
This Springer imprint is published by the registered company Springer Nature Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents
v
vi Contents
Ayesha Ahmad St Georges, University of London, and the Institute for Global,
University College London, London, UK
Roberto Andorno School of Law and Institute of Biomedical Ethics and History
of Medicine, University of Zurich, Zurich, Switzerland
Oren Asman Nursing Department, Sackler Faculty of Medicine, Tel Aviv
University, Tel Aviv, Israel
Department of Medical Law, First Moscow State Medical University, Moscow,
Russia
Alireza Bagheri The School of Medicine, Tehran University of Medical Sciences,
Tehran, Iran
The Centre for Health Care Ethics, Lakehead University, ON, Canada
Benedetta Barbisan University of Macerata, Macerata, Italy
Georgetown University Law Center, Washington, DC, USA
Yechiel Michael Barilan The Sackler School of Medicine, Tel Aviv University,
Tel Aviv, Israel
Caroline Bradbury-Jones University of Birmingham, Birmingham, UK
Alastair V. Campbell Centre for Biomedical Ethics Yong Loo Lin School of
Medicine, National University of Singapore, Singapore, Singapore
Drew Carter Adelaide Health and Medical Sciences, University of Adelaide,
Adelaide, Australia
Eliana Close Australian Centre for Health Law Research, Faculty of Law,
Queensland University of Technology, Brisbane, Australia
Michael Coors Institute of Social Ethics, Faculty of Theology, University of
Zurich, Zurich, Switzerland
ix
x Contributors
xiii
xiv About the Contributors
Alireza Bagheri MD, PhD, is Assistant Professor of Medicine and Medical Ethics
in the School of Medicine, Tehran University of Medical Sciences, Iran; a Research
Affiliate of the Centre for Health Care Ethics, Lakehead University, Canada; and an
Elected Fellow of The Hastings Center (USA). He has served as a member of the
UNESCO International Bioethics Committee (2010–2017) and of the board of
directors of the International Association of Bioethics (2009–2014). In 2010, Dr.
Bagheri received the Rhazes Medical Research Award for his work on medical futil-
ity and in 2018 the Bioethics Leadership Award in recognition of his contribution to
the discipline of bioethics scholarship at the international level. He has authored and
edited several books including Islamic Bioethics: Current Issues and Challenge
(2017) and Medical Futility: A Cross-national Study (2013).
dedicated to Jewish law and the social history of health and disease in Judaism. A
Founding Senior Fellow of the Safra Center of Ethics, Buchman Faculty of Law, Tel
Aviv University (2012–2015), Barilan has authored more than hundred peer-
reviewed articles, chapters in academic books and encyclopaedia entries, as well as
three monographs: Human Dignity, Human Rights, and Responsibility: The New
Language of Global Bioethics and Biolaw (MIT Press, 2012), Jewish Bioethics:
Rabbinic Law and Theology in Their Social and Historical Contexts (Cambridge
University Press, 2014) and Medical Ethics in Judaism and Israeli Law (Hebrew,
Magness Press, forthcoming, 2018).
Drew Carter is a Moral Philosopher and Health Policy Researcher. He applies the
work of Ludwig Wittgenstein to illuminate bioethical issues, especially relating to
resource allocation. He has published on assisted reproductive technology and pain.
His current research focuses on intensive care triage and the managed entry of
health technologies.
Eliana Close is a PhD candidate with the Australian Centre for Health Law
Research in the School of Law, Queensland University of Technology. She gradu-
ated with first class honours in psychology from the University of Calgary and was
Rhodes Scholar at Oxford University where she completed her law degree with
honours. Prior to coming to Australia, she worked as a Business Associate at Google
xvi About the Contributors
and clerked at the Court of Appeal of Alberta. She also practised law as a Crown
Prosecutor. Eliana has long-standing interests in the intersection of law, technology
and bioethics. Her PhD research on the socio-legal implications of bedside rationing
at the end of life is supported by the National Health and Medical Research Council’s
Centre of Research Excellence in End of Life Care based at the Queensland
University of Technology.
Michael Coors (Prof. Dr.) is Extraordinary Professor for Theological Ethics in the
Faculty of Theology, University of Zurich. He is also the Director of the Institute of
Social Ethics in Zurich’s Center for Ethics. He has published on ethical issues at the
end of life, the ethics of aging and the ethics of intercultural encounters in health-
care as well as on conceptual questions of theological ethics. He is currently work-
ing on a research project focused on the moral significance of human vulnerability.
Bert Gordijn is Professor and Director of the Institute of Ethics at Dublin City
University in Ireland. He has studied philosophy and history in Utrecht, Strasbourg,
and Freiburg im Breisgau. In 1995, he completed his Doctorate in Philosophy from
the Albert-Ludwigs-Universität Freiburg and his Doctorate in Bioethics from the
Radboud University Nijmegen in 2003. Bert has been Visiting Professor at Lancaster
University (UK), Georgetown University (USA), the National University of
Singapore, the Fondation Brocher (Switzerland), Yenepoya University (Mangalore,
Karnataka, India) and the University of Otago (New Zealand). He has served on
Advisory Panels and Expert Committees of the European Chemical Industry
Council, the European Patent Organisation, the Irish Department of Health and the
UNESCO. He is Editor-in-Chief of two book series, namely, The International
Library of Ethics, Law and Technology and Advances in Global Bioethics, as well
as of peer-reviewed journal Medicine, Health Care and Philosophy. He is Secretary
of the European Society for Philosophy of Medicine and Healthcare and President
of the International Association for Education in Ethics.
About the Contributors xvii
Søren Holm is a Danish Doctor and Philosopher. He holds first degrees in Medicine
and Philosophy and Religious Studies and a master’s degree in Healthcare Ethics
and Law as well as a PhD and a higher Danish doctorate. He is Professor of Bioethics
at the University of Manchester and Professor of Medical Ethics (part-time) at the
University of Oslo. He has been thinking and writing about end-of-life issues since
the early 1990s.
Richard Huxtable is Professor of Medical Ethics and Law and Director of the
Centre for Ethics in Medicine in the Medical School, University of Bristol,
UK. Qualified in law and socio-legal studies, his research primarily concerns end-
of-life decision-making, surgical ethics and clinical ethics. He has published widely
in legal, bioethical and medical journals and edits the Ethics in Clinical Practice
section of BMC Medical Ethics. Richard is the author of Euthanasia, Ethics and the
Law: From Conflict to Compromise (2007, Routledge), Law, Ethics and Compromise
at the Limits of Life: To Treat or Not to Treat? (2012, Routledge) and Euthanasia:
xviii About the Contributors
All That Matters (2013, Hodder) and coauthor/editor of such volumes as The Voices
and Rooms of European Bioethics (2014, Routledge) and Ethical Judgments:
Re-writing Medical Law (2016, Hart). A long-standing participant in clinical ethics
support, he is a member of Bristol’s Clinical Ethics Advisory Group and also a
Trustee of the UK Clinical Ethics Network. He is also a member of the Ethics
Committees of the BMA and the Royal College of General Practitioners and PI on
a major Wellcome Trust collaborative project, Balancing Best Interests in Healthcare,
Ethics and Law (BABEL). He tweets at @DrRHuxtable.
Helen Kohlen PhD, is Professor of Care Policy and Ethics at the Philosophical-
Theological University of Vallendar (PTHV), Germany, and Adjunct Professor at
the University of Alberta (UoA), Edmonton, Canada. A Sociologist working in the
field of healthcare ethics, her research focuses on the transformation of caring prac-
tices by including questions of inequality with regard to gender, social status and
ethnicity. Currently, she leads an empirical research project that investigates cultural
diversity and conflicts within healthcare organisations. She has previously con-
ducted transnational research on hospital ethics committees as well as end-of-
life care.
and policy. His research focuses on the intersection of care, meaning and end-of-life
issues. He is a member of the Health Council of the Netherlands and Vice President
of the European Association of Palliative Care.
Morten Magelssen MD, PhD, is Associate Professor at the Centre for Medical
Ethics, University of Oslo, Norway. His main research interests are end-of-life eth-
ics, clinical ethics support, bedside rationing and other issues in clinical ethics and
conscientious objection in healthcare.
Andrew McGee is a Moral Philosopher and Legal Scholar with expertise in bio-
ethical controversies, especially at the end of life. He was admitted to practice as a
lawyer to the Supreme Court of Queensland and the High Court of Australia in
2006. He completed his PhD in Philosophy from the University of Essex and is cur-
rently Senior Lecturer in the Faculty of Law, QUT.
xx About the Contributors
Concept of Action (Cambridge University Press 2004, pbk. 2007), Enabling Social
Europe (Springer 2005, coauthored with Bernd v. Maydell et al.), Discovering,
Reflecting and Balancing Values: Ethical Management in Vocational Education
Training (Hampp 2014, coauthored with Martin Büscher), Interdisciplinary
Research and Trans-disciplinary Validity Claims (Berlin: Springer 2014, coauthored
with Carl F. Gethmann et al.), Personal Identity as a Principle of Biomedical Ethics
(Springer 2017), Pragmatistic Anthropology (Mentis 2018) and Spirit’s Actuality
(Mentis 2018).
Ben P. White is Professor in the Australian Centre for Health Law Research in the
School of Law, Queensland University of Technology. A Foundation Director of the
Centre, his research interest is health law, with a particular focus on end-of-life
decision-making. His work is interdisciplinary with publications in law, medicine,
bioethics and social science journals. He is undertaking a programme of research
funded by a series of Australian Research Council and National Health and Medical
Research Council grants examining the law, policy and practice of end-of-life
decision-making. He had carriage of the Queensland Law Reform Commission’s
Guardianship Review as a full-time Commissioner (and then later appointed as a
Part-Time Commissioner). He is a member of the editorial board of the Journal of
Law and Medicine.
Lindy Willmott is Professor in the Australian Centre for Health Law Research,
School of Law, Queensland University of Technology. She researches in the area of
health and guardianship law, particularly end-of-life issues. She served for many
years as a part-time member of the Queensland Civil and Administrative Tribunal
(formerly the Guardianship and Administration Tribunal). She has coauthored more
than ten texts in health law and contracts law and is a coauthor of the website ‘End
of Life Law in Australia.’ She has undertaken multiple empirical research projects
on end-of-life decision-making which have been funded by the Australian Research
Council and the National Health and Medical Research Council. Lindy was a
Foundation Director of the Australian Centre for Health Law Research and is a
member of the editorial board of the Journal of Law and Medicine.
Simon Woods PhD, is the Deputy Director of the Policy Ethics and Life Sciences
Research Centre (PEALS) at Newcastle University in the United Kingdom. He is a
philosopher focusing on the social and ethical implication of developments in medi-
cine and healthcare. He has a long-standing interest in end-of-life ethics and the
values of palliative care.
About the Editors
xxiii
xxiv About the Editors
Bert Gordijn is Professor and Director of the Institute of Ethics at Dublin City
University in Ireland. He has studied philosophy and history in Utrecht, Strasbourg,
and Freiburg im Breisgau. In 1995, he completed his doctorate in Philosophy from
the Albert-Ludwigs-Universität Freiburg and his doctorate in Bioethics from the
Radboud University Nijmegen in 2003. He has been Visiting Professor at Lancaster
University (UK), Georgetown University (USA), the National University of
Singapore, the Fondation Brocher (Switzerland) and Yenepoya University
(Mangalore, Karnataka, India). He has served on Advisory Panels and Expert
Committees of the European Chemical Industry Council, the European Patent
Organisation, the Irish Department of Health and the UNESCO. He is Editor-in-
Chief of two book series, namely, The International Library of Ethics, Law and
Technology and Advances in Global Bioethics, as well as of peer-reviewed journal
Medicine, Health Care and Philosophy, all published by Springer. He is Secretary
of the European Society for Philosophy of Medicine and Healthcare and President
of the International Association for Education in Ethics.
AD Advance Directives
ACP Advance Care Planning
ANH Artificial Nutrition and Hydration
CEC Clinical Ethics Committee
CPCE Community of Protestant Churches in Europe
CPR Cardiopulmonary Resuscitation
CRS-R Coma Recovery Scale Revised
DALYs Disability-Adjusted Life Years
DDE Doctrine of Double Effect
DNAR Do Not Attempt Resuscitation
DOCs Disorders of Consciousness
EKD Evangelische Kirche in Deutschland (Evangelical Church in Germany).
EKÖ Evangelische Kirche Augsburgischen und Helvetischen Bekenntnisses
in Österreich (Evangelical Church of the Augsburg and Helvetic
Confession in Austria)
EMCS Emerging from a Minimally Conscious State
EoL End-of-Life
EPUF Église Protestante unie de France (the United Protestant Church of
France)
ESCR Economic, Social and Cultural Rights
ET Equivalence Thesis
fMRI Functional Magnetic Resonance Imaging
GCS Glasgow Coma Scale
GMC General Medical Council (UK)
HeaLYs Health-Adjusted Life Years
ICU Intensive Care Unit
LIS Locked-in Syndrome
LST Life-Sustaining Treatment
MCA Mental Capacity Act (UK) 2005
MCS Minimally Conscious State, including MCS (+/−)
MD Moral Distress
xxv
xxvi Abbreviations
BALLOTS.
Ballots. 1 2 3 4 5 6
Grant, 304 305 305 305 305 305
Blaine, 284 282 282 281 281 281
Sherman, 93 94 93 95 95 95
Edmunds, 34 32 32 32 32 31
Washburne, 30 32 31 31 31 31
Windom, 10 10 10 10 10 10
Garfield, 1 1 1 2 2
Harrison, 1
Ballots. 7 8 9 10 11 12
Grant, 305 306 308 305 305 304
Blaine, 281 284 282 282 281 283
Sherman, 94 91 90 91 62 93
Edmunds, 32 31 31 30 31 31
Washburne, 31 32 32 22 32 33
Windom, 10 10 10 10 10 10
Garfield, 1 1 1 2 2 1
Hayes, 1 2
Ballots, 13 14 15 16 17 18
Grant, 305 305 309 306 303 305
Blaine, 285 285 281 283 284 283
Sherman, 89 89 88 88 90 92
Edmunds, 31 31 31 31 31 31
Washburne, 33 35 36 36 34 35
Windom, 10 10 10 10 10 10
Garfield, 1
Hayes, 1 1
Davis, 1
McCrary, 1
Ballots, 19 20 21 22 23 24
Grant, 305 308 305 305 304 305
Blaine, 279 276 276 275 274 279
Sherman, 95 93 96 95 98 93
Edmunds, 31 31 31 31 31 31
Washburne, 31 35 35 35 36 35
Windom, 10 10 10 10 10 10
Garfield, 1 1 1 1 2 2
Hartranft, 1 1 1 1
Ballots, 25 26 27
Grant, 302 303 306
Blaine, 281 280 277
Sherman, 94 93 93
Edmunds, 31 31 31
Washburne, 36 35 36
Windom, 10 10 10
Garfield, 2 2 2
There was little change from the 27th ballot until the 36th and
final one, which resulted as follows:
Hancock 171
Bayard 153½
Payne 81
Thurman 63½
Field 66
Morrison 62
Hendricks 46½
Tilden 38
Ewing 10
Seymour 8
Randall 6
Loveland 5
McDonald 3
McClellan 3
English 1
Jewett 1
Black 1
Lothrop 1
Parker 1
SECOND BALLOT.
Hancock 705
Tilden 1
Bayard 2
Hendricks 30
The 3 per cent. Funding Bill passed the House March 2, and was
on the following day vetoed by President Hayes on the ground that it
dealt unjustly with the National Banks in compelling them to accept
and employ this security for their circulation in lieu of the old bonds.
This feature of the bill caused several of the Banks to surrender their
circulation, conduct which for a time excited strong political
prejudices. The Republicans in Congress as a rule contended that the
debt could not be surely funded at 3 per cent.; that 3½ was a safer
figure, and to go below this might render the bill of no effect. The
same views were entertained by President Hayes and Secretary
Sherman. The Democrats insisted on 3 per cent., until the veto, when
the general desire to fund at more favorable rates broke party lines,
and a 3½ per cent. funding bill was passed, with the feature
objectionable to the National Banks omitted.
The Republicans were mistaken in their view, as the result proved.
The loan was floated so easily, that in the session of 1882 Secretary
Sherman, now a Senator, himself introduced a 3 per cent. bill, which
passed the Senate Feb. 2d, 1882, in this shape:—
Be it enacted, &c. That the Secretary of the Treasury is hereby
authorized to receive at the Treasury and at the office of any
Assistant Treasurer of the United States and at any postal money
order office, lawful money of the United States to the amount of fifty
dollars or any multiple of that sum or any bonds of the United States,
bearing three and a half per cent, interest, which are hereby declared
valid, and to issue in exchange therefore an equal amount of
registered or coupon bonds of the United States, of the denomination
of fifty, one hundred, five hundred, one thousand and ten thousand
dollars, of such form as he may prescribe, bearing interest at the rate
three per centum per annum, payable either quarterly or semi-
annually, at the Treasury of the United States. Such bonds shall be
exempt from all taxation by or under state authority, and be payable
at the pleasure of the United States. “Provided, That the bonds
herein authorized shall not be called in and paid so long as any bonds
of the United States heretofore issued bearing a higher rate of
interest than three per centum, and which shall be redeemable at the
pleasure of the United States, shall be outstanding and uncalled. The
last of the said bonds originally issued and their substitutes under
this act shall be first called in and this order of payment shall be
followed until all shall have been paid.”
Total $52,788,722.03