Bioethics

Addendum: To “The Euthanasia Slippery Slope: A Case Study,” Hypothetical And Poll

/ Jack Marshall / 51 Comments

The Euthanasia Slippery Slope: A Case Study, this morning’s post, has attracted a wider range of opinion than I expected. I considered attaching a poll to the original post; now I’m going to go a step farther, and base that poll on a hypothetical of the kind that I use in my legal ethics seminars.

Speaking of those, on Tuesday, September 17, in Richmond, VA, and Wednesday, September 18, in Fairfax, VA, I’ll be presenting  “The Greatest Legal Ethics Seminar Ever Taught!” for three hours of legal ethics CLE credit to Virginia lawyers and others. The title reflects, other than my own warped sense of humor (“The Greatest Story Ever Told” is one of the worst movies I’ve ever seen), the fact that the legal ethics hypotheticals being discussed cover what I have found to be many of the most contentious, fascinating legal ethics issues extant over 20 years of doing these things. Moreover, I am being joined by my friend and colleague, John May, who approached these issues from the perspective of a practical litigator as well as one who often defends lawyers accused of ethical improprieties. He’s also one combative and clever pain in the ass who loves disagreeing with me, so I recommend bringing popcorn. The details are here.

Now here’s your hypothetical:

Continue reading →

The Euthanasia Slippery Slope: A Case Study

/ Jack Marshall / 72 Comments

Dr. Kevorkian was happy to help you kill yourself…

As health care costs rise and the public as a whole becomes more financially responsible for the care of individuals; as the population ages and the massive increase in health care costs in the final years and months of life becomes an increasing burden on society, and as legal abortion stays front and center as the most brutal form of utilitarianism, where a weaker and “lesser” life is deemed expendable for the well-being of others, I expect the United States culture to be drawn closer and closer to the seductive policy of legal euthanasia.  It is now legal in Washington, D.C.,  California, Colorado, Oregon, Vermont, Maine (as of next year), New Jersey, Hawaii, and Washington. You may note what these states all have in common….not that there’s anything wrong with that.

I believe that permitting an individual to kill another with the victim’s consent is so ripe for abuse—Dr. Kevorkian comes to mind—that it crosses an ethical line that should be thick, black, and forbidding.  The alleged consent can too easily be coerced or manufactured for the convenience of others. A recent case in the Netherlands confirms my strong reservations.

The unidentified patient, 74, had asked in writing for doctors to end her life if she had to be admitted to a nursing home, and if she thought the time was right. When she entered a home in 2016, however, though incapacitated, she appeared to have changed her mind, and gave what prosecutors called “mixed signals” about her desire to die. Continue reading →

The Division Of Conscience And Religious Freedom Vs. Basic Workplace Ethics [UPDATED]

/ Jack Marshall / 60 Comments

In May, the Trump administration issued a new rule  that gives health care workers the power to refuse to provide services their religion disapproves of, such as abortion, sterilization or assisted suicide. A religious conviction isn’t even essential to trigger the rule; a matter of conscience is enough. The measure essentially revived a Bush rule that the Obama administration reversed.

It’s a bad rule, and an unethical rule, as Ethics Alarms has held before. If you can’t perform all the duties of a job, then don’t take the job. If an employee can get his or her employer to agree that he or she is exempt from certain duties, that’s freedom of contract. Fine.  The Trump rule, however, like the Bush rule before it, breaches a basic principle of the workplace, and common sense as well. It also leads inevitably to messes like this one:

The federal government has accused  the University of Vermont Medical Center in Burlington, Vermont of violating  federal law by forcing a nurse to participate in an abortion despite her objections. The hospital denies it.

The nurse, who is Catholic, filed a complaint with the Office for Civil Rights. It  alleges, that she was misled by supervisors to believe she was assisting in a procedure scheduled after a miscarriage. “After [she] confirmed that she was, in fact, being assigned to an abortion, [her employer] refused her request that other equally qualified and available personnel take her place,” the complaint reads. She then participated in the procedure and “has been haunted by nightmares ever since.”

Now the Office for Civil Rights at the Department of Health and Human Services has filed a notice of violation against the hospital, the  first since the Division of Conscience and Religious Freedom was added to HHS in  2018. Continue reading →

First Do No Harm? Ethics Observations On “Dragon Lady”

/ Jack Marshall / 34 Comments

Richard Hernandez, who now goes by Tiamat Legion Medusa, or just “Dragon Lady,” has spent more than $70,000 on a series of plastic surgeries and body modifications, a process triggered when the former bank vice-president was diagnosed with AIDS.

He/She/It/Them (He prefers it, and I won’t use “them”,) has had 18 horn implants, both ears removed, a partial nose removal (so he would look like Voldemort in the “Harry Potter” movies—COOL!), 32 teeth pulled and six of his remaining teeth sharpened to points, the whites of both eyes tinted green, and his tongue split into a fork. Tiamat has also had his chin altered nine times and nine piercings, among other procedures. He also underwent gender modification treatment.

Next up, Tiamat says, is the amputation “Mr. Bojangles,” his penis, along with having rainbow scales tatooed over every inch of skin, more horn implants, and both eyeballs stained  purple. The long term goal is to be transformed into a “genderless reptile” by 2025.

Good plan.

Observations: Continue reading →

From The “Things I’d Prefer Not To Think About” Files: The Daughter’s Breast Milk

/ Jack Marshall / 28 Comments

Georgia on the right, her two patrons on the left…

An ABC News story from 2009 turned up on my ethics radar.

Tim Browne, a retired teacher and musician from Wiltshire, England, was diagnosed with colon cancer. He was operated on a week before his daughter’s wedding, but  the cancer had spread to his liver and lymph nodes. Doctors said it was terminal.

While he was undergoing chemotherapy, his daughter suggested an unconventional treatment: her breast milk. She had seen a TV report about an American man who had  made a miraculous recovery from prostate cancer by drinking it. Soon Tim was having his morning cereal with daughter Georgia’s milk.

Georgia was nursing her 8-month-old son Monty and offered to set aside a few ounces of milk every day for Browne. Browne started calling Monty his “milk brother.” “If I have a lactating daughter, why not take advantage of her? As long as Monty didn’t mind,” Browne said.

There’s no evidence that breast milk really does treat cancer, but doctors said that as long as Browne believed it did, the succor might have a genuine placebo effect.

What do we properly call a father consuming his daughter’s breast milk? Is that too close to incest for comfort?Does it matter if it’s close, as long as it isn’t quite? Continue reading →

Morning Ethics Warm-Up, 7/15/2019: A Double-Talking Star, A Doxxing Law Prof, And…Grandstanding Paper Towels?

/ Jack Marshall / 24 Comments

It’s a good day, a new week, and anything is possible…

Perry may be a good example of that. Supposedly he was told early on in life that he had a two-digit, sub-normal IQ and should seek a trade rather than anything too intellectually demanding. Como dutifully went to barber school, and was cutting hair when his singing talent made him a star. This story should make us doubt IQ tests more than we doubt the intelligence of “Mr. C”….

1 And today’s ridiculous virtue-signaling and pandering to political correctness goes to…Brawny paper towels!

Ugh.

Keep repeating falsities frequently enough, and people will begin to think they make sense. I guess that’s the theory, right? The truth is that one gender is stronger than the other in about 99.9% of the population, or to put it another way, the average male is much larger and stronger than the average female. This is why women who make themselves look like this…

…are regarded as unusual–because they are.  But Brawny’s lie is used to, for example, pretend that there is nothing unfair about allowing biological men transitioning to womanhood to compete in sporting events as women.

From now on, it’s Bounty for me!

Continue reading →

KABOOM! A New York Times Front Page Story Suggests Ethics Is Dead, Logic Is Dead, And That I’m Wasting My Life…

/ Jack Marshall / 23 Comments

July 7th’s front page story in the New York Times not only made my head explode, it has me considering whether to chuck it all and become a bottle cap collector or something else more useful than trying to promote ethics awareness in a society where its most respected newspaper publishes something like this. Or maybe I should just give up entirely and flush myself down the commode.

The headline online is  “When ‘Black Lives Matter’ Is Invoked in the Abortion Debate.”  It just as well might have been: “TWSXQ@$#7mm.”

I’ll just post and comment on some of the gems in the piece, then you read the whole  thing and meet me at the top of the ROLAIDS tower in Baltimore and we’ll jump together, holding hands and singing the Pina Colada Song.

  • “As a pastor, Clinton Stancil counsels his black congregants that abortion is akin to the taking of innocent life. But as a civil rights activist, Mr. Stancil urges them to understand the social forces that prompt black women to have abortions at disproportionately high rates.”

If the good pastor believes that abortion is the taking of innocent life, the “social forces” don’t excuse the act at all. This is like saying that we should “understand” what makes serial killers kill. Murder—taking of innocent life–is an absolute wrong; nothing can excuse it. This is equivocation.

  • “But to many African-Americans like Mr. Stancil, who is the pastor of Wayman A.M.E. Church in St. Louis, abortion cannot be debated without considering the quality of urban schools. Or the disproportionately high unemployment rate in black communities. Or the significant racial disparities in health care.”

Then many urban schools are graduating African-Americans like Pastor Stancil who have the reasoning ability of household appliances and believe that taking innocent lives can be justified or rationalized by irrelevant matters. Continue reading →

Most Unethical Abortion Ruling Ever?

/ Jack Marshall / 16 Comments

“OK, now where’s my gavel?”

You have to hand it to the Brits: I would have thought that it was impossible to come up with an abortion ruling that simultaneously violates the core principles of both pro- and anti-abortion advocates. Mostly, however, the ruling places one more slippery slope quiver among the anti-abortion movement’s  metaphorical arrows. This is what can happen when unborn human life is accorded no respect whatsoever.

Yesterday, Justice Nathalie Lieven issued the ruling at the Court of Protection, which hears cases on issues relating to people who lack the mental capability to make decisions for themselves. She ordered an abortion for a mentally-disabled woman who is 22 weeks pregnant, although both she and her mother wanted the baby to be born.  The judge said the decision was in the best interests of the woman, and, of course, the Court knows best. Presumably it did not think the abortion was in the best interests of the unborn child, which apparently was healthy and unimpaired.

But I’m just guessing at that.

The unidentified woman is in her 20s and reportedly has the mental capacity of a 6- to 9-year-old child. Nobody is certain how she became pregnant, but obviously that was not a determining factor in the decision, nor should it have been. The unborn child doesn’t care.

“I am acutely conscious of the fact that for the state to order a woman to have a termination where it appears that she doesn’t want it is an immense intrusion,” Justice Lieven said, but held that in the woman’s “best interests, not on society’s views of termination,” the baby must go.  Wait, what? How is aborting a child that both the potential mother and her own mother want to have and care for in the woman’s best interests? Or anyone’s best interests, other than members of the “It’s no baby, its an invading clump of cells that you better kill fast before it grows anymore” cult? Continue reading →

Comment(s) Of The Day: “Ethics Dunce: Actress Busy Philipps”

/ Jack Marshall / 13 Comments

As always happens when the topic of abortion raises its ugly head, the commentator responded with passionate and entertaining arguments. Outstanding in the fray were the posts of jmv0405and Benjamin on opposite sides of the question of when life begins and human rights attach to it.

I’m combining two of Benjamin’s comments here, both addressing jmv0405‘s contention that the unborn doesn’t necessarily qualify as human. In his second comment, directly attempts to rebut specific assertions.

Here is Benjamin’s two-part Comment of Day on the post, “Ethics Dunce: Actress Busy Philipps”...

You’ve moved the question “what does it mean to be human?” into the fore. I think you’ve taken it lightly though. We’ve all seen the science fictional stories of men who turn into animals. If you turn into a horse in this sense, your physical form becomes that of a horse, but you somehow remain you. There’s another sense of this that intrigues old philosophers. What if the physical form remains the same, and you (the you that lies under and in all that meat, the you that’s looking at this screen through your eyes) become a horse in some essential sort of way? How would that appear to us from the outside? You can forget things and even experience amnesia and still remain you, so memories and knowledge aren’t you rightly so called. This horse imposter may very well behave exactly as you did before you were displaced. This could be happening every day. It may have happened to you, you horse, you! There’s no evidence to tell us otherwise. I suppose this does not happen. You suppose something like this does happen at some vague stage of human development.

I argue that my supposition, a continuous chain of being, is no more false than yours. William of Ockham would agree, his razor being rightly understood, because we have no reason to think otherwise. Continue reading →

Icky And Unethical: The Dead Cadet’s Child

/ Jack Marshall / 16 Comments

A New York judge  ruled that the parents of  West Point cadet Peter Zhu, 21, who was declared brain-dead after a skiing accident, can take sperm harvested from his body with “no restriction.” The parents say they want  to fulfill  their son’s lifelong desire to have children and continue the family name.

Lauren Sydney Flicker, a bioethicist and expert in post-mortem sperm retrieval at Albert Einstein College of Medicine in the Bronx [there is such a thing as being an expert in post-mortem sperm retrieval?]  told the New York Times,

“Here is the ethical debate, and it will be different for different people: Is it a greater ethical burden to prevent someone from having the opportunity to be a father by passing along their genetic material? Or is it a greater ethical burden to have a man father a child, without his consent, that he wouldn’t be around to raise?”

Huh? I’d say the burden of not living pretty much wipes out the burden of not being a father, and renders it moot. Absent explicit instructions that the young man wanted his sperm used to spawn a child after he died,  the cadet’s desires regarding a family while he was planning on being alive are rendered moot by his death. Continue reading →