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If in real life we are unlikely ever to encounter a case of
justifiable involuntary euthanasia, then it may be best to dismiss
from our minds the fanciful cases in which one might imagine
defending it, and treat the rule against involuntary euthanasia
as, for all practical purposes, absolute. Here Hare's distinction
between critical and intuitive levels of moral reasoning (see
Chapter 4), is again relevant. The case described in the preceding
paragraph is one in which, if we were reasoning at the critical
level, we might consider involuntary euthanasia justifiable; but
at the intuitive level, the level of moral reasoning we apply in
our daily lives, we can simply say that euthanasia is only justifiable
if those killed either
lack the ability to consent to death, because they lack the
capacity to understand the choice between their own continued
existence or non-existence; or
2 have the capacity to choose between their own continued life
or death and to make an informed, voluntary, and settled
decision to die.
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ACTIVE AND PASSIVE EUTHANASIA
The conclusions we have reached in this chapter will shock a
large number of readers, for they violate one of the most fundamental
tenets of Western ethics - the wrongness of killing
innocent human beings. I have already made one attempt to
show that my conclusions are, at least in the area of disabled
infants, a less radical departure from existing practice than one
might suppose. I pointed out that many societies allow a pregnant
woman to kill a fetus at a late stage of pregnancy if there
is a significant risk of it being disabled; and since the line between
a developed fetus and a newborn infant is not a crucial
moral divide, it is difficult to see why it is worse to kill a newborn
infant known to be disabled. In this section I shall argue that
there is another area of accepted medical practice that is not
intrinsically different from the practices that the arguments of
this chapter would allow.
I have already referred to the birth defect known as spina
bifida, in which the infant is born with an opening in the back,
exposing the spinal cord. Until 1957, most of these infants died
young, but in that year doctors began using a new kind of valve,
to drain off the excess fluid that otherwise accumulates in the
head with this condition. In some hospitals it then became
standard practice to make vigorous efforts to save every spina
bifida infant. The result was that few such infants died - but of
those who survived, many were severely disabled, with gross
paralysis, multiple deformities.- of the legs and spine, and no
control of bowel or bladder. Intellectual disabilities were also
common. In short, the existence of these children caused great
difficulty for their families and was often a misery for the children
themselves.
After studying the results of this policy of active treatment a
British doctor, John Lorber, proposed that instead of treating
all cases of spina bifida, only those who have the defect in a
mild form should be selected for treatment. (He proposed that
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Taking Life: Humans
the final decision should be up to the parents, but parents nearly
always accept the recommendations of the doctors.) This principle
of selective treatment has now been widely accepted in
many countries and in Britain has been recognised as legitimate
by the Department of Health and Social Security. The result is
that fewer spina bifida children survive beyond infancy, but
those who do survive are, by and large, the ones whose physical
and mental disabilities are relatively minor.
The policy of selection, then, appears to be a desirable one:
but what happens to those disabled infants not selected for
treatment? Lorber does not disguise the fact that in these cases
the hope is that the infant will die soon and without suffering.
It is to achieve this objective that surgical operations and other
forms of active treatment are not undertaken, although pain
and discomfort are as far as possible relieved. If the infant happens
to get an infection, the kind of infection that in a normal
infant would be swiftly cleared up with antibiotics, no antibiotics
are given. Since the survival of the infant is not desired, no steps
are taken to prevent a condition, easily curable by ordinary
medical techniques, proving fatal.
All this is, as I have said, accepted medical practice. In articles
in medical journals, doctors have described cases in which they
have allowed infants to die. These cases are not limited to spina
bifida, but include, for instance, babies born with Down's syndrome
and other complications. In 1982, the 'Baby Doe' case
brought this practice to the attention of the American public.
'Baby Doe' was the legal pseudonym of a baby born in Bloomington,
Indiana, with Down's syndrome and some additional
problems. The most serious of these was that the passage from
the mouth to the stomach - the oesophagus - was not properly
formed. This meant that Baby Doe could not receive nourishment
by mouth. The problem could have been repaired by surgery
- but in this case the parents, after discussing the situation
with their obstetrician, refused permission for surgery. Without
surgery, Baby Doe would soon die. Baby Doe's father later said
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Practical Ethics
that as a schoolteacher he had worked closely with Down's
syndrome children, and that he and his wife had decided that