FREEDOM TO DIE: MORAL AND LEGAL ASPECTS OF EUTHANASIA. By 0. Ruth Russell. New York: Human Sciences Press Pp. 352.

Similar documents
Now and at the Hour of Our Death. A Pastoral Letter from the Roman Catholic Bishops of Wisconsin on End of Life Decisions

MEDICAL DILEMMAS AND MORAL DECISION-MAKING

EUTHANASIA EUTHANASIA NEWS IN CANADA

Caring for People at the End of Life

Excerpts from the Catechism of the Catholic Church on Life, Abortion, and Euthanasia (# ; )

Death with Dignity Legislation

THE RIGHT TO DIE: AN OPTION FOR THE ELDERLY. Anonymous

On Withdrawing Artificial Nutrition and Hydration

End-of-Life Choices in Mexico Public opinions and the Catholic Church influence. Asunción Álvarez del Río. DMD México

The Basics on Advance Directives

Rabbi Moshe I. Hauer

Virtual Mentor American Medical Association Journal of Ethics May 2007, Volume 9, Number 5:

Euthanasia. Basic issues

Ethical Issues at the End of Life Copyright 2008 Richard M. Gula, S.S., Ph.D.

TEACHING AMERICAN HISTORY PROJECT

A-LEVEL Religious Studies

Department of Philosophy

TO WHOM DO WE BELONG? A study guide on Question 2 (Physician Assisted Suicide) Rev. Kazimierz Bem & Rev. Susannah Crolius

Preparing Now for the Hour of Our Death

Legal Ethics and the Suffering Client

Topic III: Sexual Morality

The Lawyer's Calling Revisited: Second Look or Second Thoughts?

PHILOSOPHY AND THEOLOGY

Human Dignity & Genetic Enhancement

David Ethics Bites is a series of interviews on applied ethics, produced in association with The Open University.

Against the Right to Die

Ethical and Religious Directives: A Brief Tour

Guardians and Servants of Human Life : Formation and Mission in Catholic Health Care

RELIGION, LAW, AND THE GROWTH OF CONSTITUTIONAL THOUGHT By Brian Tierney. England: Cambridge University Press, Pp. xi

Unit 1. Section 2: Life after Death

Commentary on Feteris

Conflicting Protestant Views on euthanasia

The Sixth Commandment (Part 3) Exodus 20:13

Text 1: Philosophers and the Pursuit of Wisdom. Topic 5: Ancient Greece Lesson 3: Greek Thinkers, Artists, and Writers

UNDERGRADUATE STUDIES CERTIFICATE IN PHILOSOPHY (CERTIFICATES)

When I Die... God s Word Speaks to Christians on Their Concerns About the End of Life

AGAINST THE RIGHT TO DIE

FEDERAL Parliamentary Secretary for Health Christopher Pyne has promised to stymie any attempt by South Australia to enact voluntary euthanasia laws.

Short Answers: Answer the following questions in one paragraph (each is worth 4 points).

Mission Statement of The Catholic Physicians' Guild of Chicago

Religious Impact on the Right to Life in empirical perspective

Louisiana Law Review. Cheney C. Joseph Jr. Louisiana State University Law Center. Volume 35 Number 5 Special Issue Repository Citation

Undergraduate Calendar Content

Two Approaches to Natural Law;Note

BURIAL PRACTICES. Whole-Body Burial

AGAINST THE RIGHT TO DIE 1. J. David Velleman. University of Michigan

Is euthanasia morally permissible? What is the relationship between patient autonomy,

Ethics and Science. Obstacles to search for truth. Ethics: Basic Concepts 1

recently purchased land in upper Cuba St, Wellington on which it plans to establish a permanent Wellington community centre.

Law and Authority. An unjust law is not a law

NOTES THE DUTY TO PRESERVE LIFE

Euthanasia: A Christian Perspective

DEBATING the DIVINE #43. Religion in 21st century American Democracy. Edited by Sally Steenland

The Ethics of Withholding/Withdrawing Nutrition and Hydration

Course Syllabus. Course Description: Objectives for this course include: PHILOSOPHY 333

Dedication: J. Denson Smith

Iura et bona Declaration on Euthanasia Sacred Congregation for the Doctrine of the Faith, May 5, 1980

AS Religious Studies. 7061/1 Philosophy of Religion and Ethics Mark scheme June Version: 1.0 Final

BOOK REVIEW: Dignity Its History and Meaning

within the limits of specific guidelines; but rather to contribute to the profound and detailed understanding of the various problems arising from

JUDICIAL OPINION WRITING

Introduction xiii. that more good is likely to be realised in the one case than in the other. 4

Full file at

Introduction by Dr Antony Lempert. 0:00:04.570,0:00: We've come to that time already - our last, our last specialist speaker.

CRITICAL THINKING (CT) MODEL PART 1 GENERAL CONCEPTS

1 Hans Jonas, The Imperative of Responsibility: In Search of an Ethics for the Technological Age (Chicago: University of Chicago Press, 1984), 1-10.

Positivism, Natural Law, and Disestablishment: Some Questions Raised by MacCormick's Moralistic Amoralism

22 ND ANNUAL CHURCH & CHARITY LAW SEMINAR

GMAT ANALYTICAL WRITING ASSESSMENT

PHIL 100 AO1 Introduction to Philosophy

Shared Values and Guidelines of the Rigpa Community

Catholic Health Care in Canada Maintaining Catholic Identity in an Evolving Context

In defence of the four freedoms : freedom of religion, conscience, association and speech

A Guide to the Sacrament of Penance Discover God s Love Anew:

John Locke. compelling governmental interest approach to regulate. religious conduct, and I will discuss the law further below.

AO1 Content: A: Aquinas Natural Law: Laws and Precepts B: Aquinas Natural Law: Virtues and Goods

Ethical Theory for Catholic Professionals

Student Engagement and Controversial Issues in Schools

A Guide to the Sacrament of Penance Discover God's Love Anew

PHILOSOPHY AND RELIGIOUS STUDIES

DEBATING the DIVINE #43. Religion in 21st century American Democracy. Edited by Sally Steenland

Founding Principle: Inalienable Rights

Lecture 8: Deontology and Famine. Onora O Neill Kantian Deliberations on Famine Problems Peter Horban Writing a Philosophy Paper

ALTERNATIVE SELF-DEFEAT ARGUMENTS: A REPLY TO MIZRAHI

Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences

Foundations of Bioethics

Philosophy 1100: Ethics

All Saints Catholic Academy SMSC in the RE curriculum

PHILOSOPHY AND THEOLOGY

Human Rights, Democracy and Three Famous Trials

AS Religious Studies. RSS01 Religion and Ethics 1 Mark scheme June Version: 1.0 Final

Caring for Those with Life-Threating Illness

Catholic Health Care, Palliative Care, and Revitalizing a Distinct Tradition of Caring. Myles N. Sheehan, S.J., M.D.

U.S. Bishops Revise Part Six of the Ethical and Religious Directives An Initial Analysis by CHA Ethicists 1

Diocese of Sacramento Employment/Ministry in the Church Pre-Application Statement

Health Care Decisions For the Common Good

CRITICAL THINKING: THE VERY BASICS - HANDBOOK

The Inherent Instability of Euthanasia By Zac Alstin

SEMINAR ON HUMAN DIGNITY AND ETHICAL CHALLENGES IN THE BEGINNING AND END STAGES OF HUMAN LIFE PART TWO: DYING WITH DIGNITY AND IN CHRISTIAN SERENITY

Two Kinds of Ends in Themselves in Kant s Moral Theory

Transcription:

Catholic University Law Review Volume 25 Issue 1 Fall 1975 Article 10 1975 FREEDOM TO DIE: MORAL AND LEGAL ASPECTS OF EUTHANASIA. By 0. Ruth Russell. New York: Human Sciences Press. 1975. Pp. 352. Ira M. Lechner Follow this and additional works at: http://scholarship.law.edu/lawreview Recommended Citation Ira M. Lechner, FREEDOM TO DIE: MORAL AND LEGAL ASPECTS OF EUTHANASIA. By 0. Ruth Russell. New York: Human Sciences Press. 1975. Pp. 352., 25 Cath. U. L. Rev. 202 (1976). Available at: http://scholarship.law.edu/lawreview/vol25/iss1/10 This Book Review is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact edinger@law.edu.

Catholic University Law Review [Vol. 25:192 induced to, or will be compelled to become more "inclusionary" in making their land use decisions, Franklin, Falk, and Levin have produced a concise, readable overview of why and how suburban communites should be encouraged to assume their share of metropolitan problems. In the introduction to the book, the authors note that "[tihe validity of the literature, as we analyze it, can only be tested by whether courts or policy-makers accept the prescriptive guidance of the literature, including this analysis" (p. 20). Hopefully, their success in organizing and presenting this material for the nonacademic and nonlawyer will be matched by success in their own terms with courts and policymakers. FREEDOM TO DIE: MORAL AND LEGAL ASPECTS OF EUTHANASIA. By 0. Ruth Russell.' New York: Human Sciences Press. 1975. Pp. 352. Reviewed by Ira M. Lechner The concept of euthanasia has troubled men and women since ancient times. Socrates, Plato and Aristotle each sought to justify the notion that man is the master of his own body with the right to decide his own fate. In the fifth century, Saint Augustine took a diferent view, shaping Christian thought by declaring that "suicide is detestable and damnable wickedness" (p. 54). This philosophy, which has remained alive but not unchanged throughout the Christian era, is criticized, as is any argument against euthanasia, by 0. Ruth Russell in her book Freedom to Die: Moral and Legal Aspects of Euthanasia. In her articulate review and analysis of the relevant historical and contemporary thought and action, Dr. Russell expresses open and unabashed support for legalized euthanasia. Readers who have any moral qualms about it, or who for practical and legal reasons support the legislation of less drastic measures, will find little to comfort or support them in this book. Death with dignity legislation attempts to deal effectively with state laws and court decisions which still cling to the Christian idea as espoused by Saint 1. Professor Emeritus of Psychology, Western Maryland College. 2. Member, Virginia House of Delegates. B.A., 1955, Randolph-Macon College; L.L.B., 1958, Yale University. Mr. Lechner proposed death with dignity legislation in the 1975 session of the Virginia state legislature. Va. H.B. 1935 (1975).

1975] Book Reviews Augustine. The legislation would legalize the "living will" and permit persons 18 years of age and older to write instructions to their doctor ordering that he or she not use heroic or extraordinary artificial means to prolong life, if and only if the patient becomes terminally ill. While such legislation would seem to appeal to proponents of euthanasia, it differs significantly from the voluntary, active euthanasia advocated by Dr. Russell. Voluntary, active euthanasia involves the taking of a positive step to shorten life before its natural end; death with dignity legislation allows a patient to refuse artificial means which would prolong life beyond its natural termination. Dr. Russell and her supporters find the latter approach to the problem too mild and timid, and oppose it as vigorously as they do outright criticism of voluntary, active euthanasia. In Part I of her book, Dr. Russell frames her argument for voluntary, active euthanasia by discussing contemporary society's changing attitudes towards death and dying. In Part II, she traces the history of euthanasia through its legislative proposals, academic thought, and legal and medical comment. Finally, Dr. Russell concludes by arguing for the legalization of euthanasia, first setting up all arguments against euthanasia as straw men to be blown over with little hesitation and then advancing proposals for new and changed euthanasia legislation. 3 In the historical review of thought and action on euthanasia in the Western Christian world, Dr. Russell notes with cynicism that Saint Augustine's view was formed at a time when many Christians were committing suicide; his philosophy, in her view, "may have been based partly on practical considerations, since a high birth and survival rate among Christians at this time was crucial to the spread of Christianity" (p. 54). But Saint Thomas Aquinas, writing in the 13th century, expanded the Christian concept of death by arguing that suicide usurped God's power over creation and death; since persons are God's property under this view, only God should determine when persons die (p. 55). Dr. Russell notes that Aquinas premised his thoughts on the concept that natural law and a person's natural inclinations are contrary to self-destruction, and that suicide would deprive 3. Dr. Russell presents in the Appendix of her book several legislative proposals previously introduced in state legislatures. Among them is "An Act to Legalize Euthanasia", presented to the Connecticut Assembly in 1959. CONN. H.B. 2527 (1959). After defining euthanasia as the "termination of human life by painless means for the purpose of ending severe physical suffering", id. 1, the bill provided that the superior court judge in the patient's county "[has] jurisdiction of and shall grant euthanasia", id. 3, to any person over 21 who is suffering severe pain from "a disease for which no remedy... [is] known to medical science", id. 2, upon petition by the patient and two witnesses, id. 4, and after consultation with a committee of "three competent persons, who are not opposed to euthanasia as herein provided", id. 5.

Catholic University Law Review [Vol. 25:202 society of a person's presence and activity. Dr. Russell characterizes Aquinas as one who not only opposed suicide, but who "even extolled suffering" (p. 55). By way of contrast, however, she suggests that Sir Thomas More was "a forerunner of present-day proposals to provide for the administration of euthanasia with legal safeguards" (p. 56), in his idea of a model society in Utopia, an essay published in 1551. Dr. Russell calls More's view "refreshing," and highlights his "compassion, comprehension and conviction" with a lengthy quote from Utopia (pp. 55-56). Throughout the book, Dr. Russell weaves the notions of opposition to euthanasia with claims of superstition and religious inflexibility. Time and again she highlights comments that challenge opposition to euthanasia, from church as well as lay authorities. In further support of her position, Dr. Russell attacks the "wedge argument," an approach used by many opponents of euthanasia legislation. The "wedgers," as the author characterizes those who adopt this approach, are represented in the book in the statements of Dr. Leo Alexander, a psychiatrist at Tufts College Medical School, who, in analyzing the Nazi war experiments, asserted that those responsible "started from small beginnings" (p. 92). These "beginnings" included acceptance of the attitude that there is such a thing as a life not worthy of being lived, an attitude which he claimed was basic also to the euthanasia movement (pp. 92-93). As with all arguments against euthanasia, Dr. Russell finds little merit in this wedge approach, a position many others can agree with whether they favor or oppose active euthanasia on its merits. A similar view was expressed by Richard Trubo, who wrote: The "wedge theory," although valuable for argumentative purposes, must be viewed cautiously. [The wedge theory] can be raised against any new proposal, making even the most reasonable idea seem perilous. Yet simply because appalling consequences can be imagined is no reason to reject every new proposal. 4 However, to dismiss the wedge argument in principle and to ignore its practical effect is to miss its potential. When I proposed death with dignity legislation to the Virginia legislature, the wedge argument was used by opponents of the measure with great effect. They argued that they had no particular opposition to the actual words of the proposed death with dignity statute, but expressed the concern that any legislation in this area of the law could lead the way to active euthanasia sometime in the future. Reviewing many of the court decisions which hold that a patient has a right to refuse medical treatment except when there is an overriding state 4. R. TRUBO, AN AcT OF MERcy: EUTHANASIA ToDAY 162 (1973).

19751 Book Reviews interest, as well as numerous jury verdicts which freed "mercy killers," Dr. Russell notes that under present laws, doctors might be charged with criminal homicide or negligence for failing to prolong the life of a terminal patient even when the patient has left instructions not to use extraordinary means. Such a result could obtain simply because no state law recognizes the validity of such a written instruction when the patient is no longer alert and awake. Yet Russell finds death with dignity legislation, which attempts to deal effectively with that legal morass, too tame and too timid. Only legislation providing for voluntary euthanasia with careful safeguards to ensure informed consent, rational choice, and mental competence is acceptable to her. She specifies the ingredients for such legislation and concludes as follows: Reverence for life and freedom of choice must be the basis for any action regarding euthanasia. Society must recognize also that undesirable pressures arise when freedom and justice are denied and also when citizens are required to bear useless, unreasonable expenditures and suffering. To avoid such undesirable pressures, society must act now to permit an easy and dignified exit from life when life is no longer something to -be desired. We must treat death as an inevitable part of existence to be faced realistically, not evasively; it is often man's friend. It seems certain that it is only a matter of time until laws will be passed that will permit the administration of painless death when the only alternative is an agonizing or meaningless existence. It is a challenge to every citizen to hasten that day. (P. 283). Euthanasia presents legal and ethical options to society which have not been fully explored in the literature. This book presents only the proeuthanasia side of the story, and that in a nonlegalistic manner. The full story, with detailed legal analysis, remains to be told.