5.3 |
CAUSING, RISKING OR ALLOWING
THE DEATH OF OTHERS |
5.3.1 |
KILLING OTHER PEOPLE OR THEIR BODIES
AT THEIR REQUEST |
When speaking of "causing", "risking" and "allowing the
death of other people" or "of the bodies of other people", some
might immediately associate these terms with a descending scale
of wrongness. Causing someone else's death, or killing, would
then be worse (that is more wrong) than risking it, and risking
someone else's death would, in turn, be worse (more wrong) than
allowing it. Those believing this to hold in general are in
error, however. In the event that the beings we are speaking
about are persons, it may be worse to cause another person's
death than to risk it, but the fact that allowing another
person's death is not wrong has nothing to do with a descending
scale but everything with the nonactivating character of the
extrinsic duty concerned. Those who cause another person's death
against
'er will do interfere
in the gravest way possible and
those who risk this other person's death risk interference, but
those who allow the other person's death do not allow
interference (unless the other person is involuntarily killed by a
third person): they simply do not interfere, which is their
extrinsic right (even when a person is involuntarily killed by a
third person, albeit a very questionable attitude to take in
such a case). Now, if a person asks to be killed there is
nothing extrinsically wrong in killing
'im in accordance with
'er express wishes after having taken every precaution to ensure
that the decision is a free, personal one. Causing 'er death is
then even a better way to fulfil such a wish than merely risking
'er death. And it is in this case the act of not allowing 'er
death which would be a flagrant violation of the person's
discretionary right to live and to die.
A person who requests to be killed painlessly on account of
'er distressing, physical and/or mental state, because
'e is not
able to do this 'imself, is someone asking for voluntary active
euthanasia. Such euthanasia is called "active" since it
requires an action, namely that someone (a doctor, for instance)
causes 'er death; passive euthanasia, on the other hand,
requires a nonaction, namely that no-one tries to postpone the
death of the person concerned or 'to prolong the act of dying'.
Being termed "voluntary" for obvious reasons, it should be
distinguished from both 'involuntary' and 'nonvoluntary'
euthanasia. Involuntary euthanasia is the act or practise of
intentionally killing, or letting die, someone who is ill or injured,
or whose future well-being is threatened, in disregard of 'er
own views but with the motive to serve 'er own interests.
Nonvoluntary euthanasia is the act or practise of intentionally
killing, or letting die, an ill, injured or threatened sentient
being which is not in the position to have or to express, and
which has not expressed, any view on the matter, with the motive
to serve its own interests. Voluntary and involuntary euthanasia
can only apply to persons or their bodies, nonvoluntary
euthanasia may also apply to sentient beings with which one has a
special relationship (like domestic animals).
Nonvoluntary euthanasia is not related to personhood, and the
killing of happiness-catenal (or living) beings must in this
context be judged by the standards applied to killing happiness-catenal
(or living) beings as discussed in the previous division.
Involuntary euthanasia is a form of killing or not saving
people, or their bodies, against their will and will be
discussed later in this division. Voluntary euthanasia is
governed by the rules of
the extrinsic right-duty constellation
(like involuntary euthanasia) and, consequently, the difference
between passive and active, voluntary euthanasia is significant.
Whereas passive voluntary euthanasia only requires that one
allow another person to die, active voluntary euthanasia requires
that one cause 'er death (or that of 'er body) oneself.
If this is done, the person's right is not violated, because
one has 'er permission (by definition), but whether it should
be done does, strictly speaking, not depend on the person's own
wishes. And if one thinks that it should not be done, it is also
every person's right to refuse cooperation, that is, to refuse
to perform the act of euthanasia.
Whether one is allowed to or not allowed to kill other
people, or their bodies, is in the first place a question of
extrinsic rights and duties; whether one should or should
not do this a question of intrinsic rights and duties. As soon as
intrinsic rights and duties come up for discussion, however, we
must look at people, or their bodies, as happiness-catenal
beings or as living beings. It is then that we should painlessly
kill a person as a happiness-catenal being if 'e is bound to
suffer a lot from a painful and incurable disease, and under
such conditions that the side-effects to other happiness-catenal
beings are nonexistent or minimal. (But this should not be done
if the person as a hapiness-catenal is only not going to lead a
happy life anymore, without definitely having to experience
much more pain than pleasure.) As a living being the life of a
person is not worth living anymore if 'e is pining away due to a
disease which destroys more and more of 'er body and its parts.
When both considerations (that is, that of the
happiness-catenary
value and that of the value of life) point in this
direction, one should evidently assist in an act of voluntary
euthanasia. If they both point in the opposite direction one may
have the extrinsic right to cause the person's death, but then
it would still be wrong according to the neutralist doctrine.
But the person's own wish is indirectly also of great import
from the doctrinal angle, because if 'e wants to die, it is more
likely that 'e suffers unbearably and that no future happiness
will outweigh 'er pains. Other things being equal this is a
reason to validate 'er request for euthanasia.
The definition of euthanasia (act or practise of
intentionally killing, or letting die, a person or sentient being
that is ill or injured, or whose future well-being is
threatened, with the motive to serve its own interests) will
probably be attacked for being vague. Thus it might be argued that
being ill and a being whose future well-being is threatened
admit of different interpretations. This criticism is certainly
correct, but can only lead to terminological differences. It
does not effect our normative considerations. Firstly, on the
metadoctrinal model, a person may give permission to kill or use
'er body regardless of 'er being sick or of 'er well-being being
threatened or not. And secondly, on the doctrinal model, if a
happiness-catenal or living being is not really sick, or if its
well-being is not really threatened, this must influence the
decision whether to kill this happiness-catenal, or living,
being or not. The procedure to reach this decision does by no
means depend on the definition of euthanasia, let alone on its
vagueness. It is rather the other way round: if it is believed
that something or someone who has not expressed 'er will to stay
alive should be killed, then people would rather call this
killing "euthanasia".
Another charge of vagueness as regards euthanasia might be
that the killing must take place 'with the motive to serve the
interests' of the sentient being concerned. This objection is
mistaken tho. The concept of motive is not vague in itself; it
may only be hard to establish what the real motive is. If
the motive to kill or to have killed, say, someone from whom the
killer inherits all possesions, is only the killed person's
money, then it can easily be pretended that the motive is or was
to serve that person's own interests, if the killing would
indeed save 'er own interests. (A reason why important decisions
like these must not be taken exclusively by those 'most closely
affected' unless they do in no way benefit personally from a
decision to perform the act of euthanasia.) Such a motive would
be a very wicked one, but in the case of voluntary euthanasia it
is the person requesting 'er own death who has to take such
possibilities into account.
Just as in the case of infanticide, so some theorists use a
slippery slope or wedge argument against euthanasia, especially
against the decriminalization (or 'legalization') of active
euthanasia. The 'logical' interpretation of this argument is
that once the all-important first step has been taken to kill
human life, there would be no good reason for not accepting
additional practises which are plainly unacceptable, and therefore
the first step had better not be taken. This, of course, is
rubbish, even if we read for "human life", "the life of a
person". As has been replied elsewhere already, there is a
rational ground for distinguishing between the person 'in agony
who wants to die and other cases, such as that of an old infirm
person who does not want to die'. This rational ground is that
the death is requested in the first case, and not requested in
the second one. Such a ground is metadoctrinal, but even on the
doctrinal view there is an important difference between the
first person who suffers terribly, and the second one who does
not suffer in any comparable way. If logic were that simple, a
wedge argument might as well prove that the illegalization of
euthanasia with respect to human beings would compel a country
to illegalize all forms of killing human beings without exception,
that is, inclusive of capital punishments and of the
killing of members of foreign armies (to say nothing of nonhuman
animals or sentient beings).
On the psychological version of the slippery slope argument
against active euthanasia it is claimed that this form of
killing would in fact lead to terrible consequences reflecting a
general breakdown in respect for 'life' (which in the language
of these human beings means human life when it suits them).
There are several reasons which make this argument implausible.
Firstly --as has been pointed out--, in societies in which
defective babies, or even feeble old people, used to be killed,
this did not lead to an easy approval of other types of
killing. Secondly, in societies in which people are permitted to
kill others in self-defense, people seem smart enough to also
distinguish killing in self-defense from other types of killing
nevertheless. And finally, it has been pointed out that in
societies where euthanasia, or active euthanasia, is illegal the
choice is not between a benign policy and a potentially
dangerous one. The existing policy in such a society has its own
evils, the worst of them being that the right of a person to
decide over 'er own life and death is violated by the law of the
country or state. Those who do not want the slippery slope
argument to hold can always build in safeguards, and more and
stronger safeguards, dependent on the time and place concerned.
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