VII. Euthanasia and Society
It is commonly accepted that where two equally potent values clash, society steps in as an arbiter. The right to material welfare (food, shelter, basic possessions) often conflicts with the right to own private property and to benefit from it. Society strikes a fine balance by, on the one hand, taking from the rich and giving to the poor (through redistributive taxation) and, on the other hand, prohibiting and punishing theft and looting.
Euthanasia involves a few such finely-balanced values: the sanctity of life vs. personal autonomy, the welfare of the many vs. the welfare of the individual, the relief of pain vs. the prolongation and preservation of life.
Moreover, what if a person is rendered incapable of expressing his preferences with regards to the manner and timing of his death - should society step in (through the agency of his family or through the courts or legislature) and make the decision for him?
In a variety of legal situations, parents, court-appointed guardians, custodians, and conservators act for, on behalf of, and in lieu of underage children, the physically and mentally challenged and the disabled. Why not here?
We must distinguish between four situations:
1. The patient foresaw the circumstances and provided an advance directive (living will), asking explicitly for his life to be terminated when certain conditions are met.
2. The patient did not provide an advanced directive but expressed his preference clearly before he was incapacitated. The risk here is that self-interested family members may lie.
3. The patient did not provide an advance directive and did not express his preference aloud - but the decision to terminate his life is commensurate with both his character and with other decisions he made.
4. There is no indication, however indirect, that the patient wishes or would have wished to die had he been capable of expression but the patient is no longer a "person" and, therefore, has no interests to respect, observe, and protect. Moreover, the patient is a burden to himself, to his nearest and dearest, and to society at large. Euthanasia is the right, just, and most efficient thing to do.
Conclusions:
Society can (and often does) legalize euthanasia in the first case and, subject to rigorous fact checking, in the second and third cases. To prevent economically-motivated murder disguised as euthanasia, non-voluntary and involuntary euthanasia (as set in the forth case above) should be banned outright.
VIII. Slippery Slope Arguments
Issues in the Calculus of Rights - The Hierarchy of Rights
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