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An ethic consisting of specific duties, prescribed by moral rules
that everyone can be expected to obey, must make a sharp moral
distinction between acts and omissions. Take, for example, the
rule: 'Do not kill.' If this rule is interpreted, as it has been in
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Taking Life: Humans
the Western tradition, as prohibiting only the taking of innocent
human life, it is not too difficult to avoid overt acts in violation
of it. Few of us are murderers. It is not so easy to avoid letting
innocent humans die. Many people die because of insufficient
food, or poor medical facilities. If we could assist some of them,
but do not do so, we are letting them die. Taking the rule against
killing to apply to omissions would make living in accordance
with it a mark of saintliness or moral heroism, rather than a
minimum required of every morally decent person.
An ethic that judges acts according to whether they do or do
not violate specific moral rules must, therefore, place moral
weight on the distinction between acts and omissions. An ethic
that judges acts by their consequences will not do so, for the
consequences of an act and an omission will often be, in all
significant respects, indistinguishable. For instance, omitting to
give antibiotics to a child with pneumonia may have consequences
no less fatal than giving the child a lethal injection.
Which approach is right? I have argued for a consequentialist
approach to ethics. The acts/omissions issue poses the choice
between these two basic approaches in an unusually clear and
direct way. What we need to do is imagine two parallel situations
differing only in that in one a person performs an act
resulting in the death of another human being, while in the
other she omits to do something, with the same result. Here is
a description of a relatively common situation, taken from an
essay by Sir Gustav Nossal, an eminent Australian medical
researcher:
An old lady of 83 has been admitted [to a nursing home for the
aged) because her increasing degree of mental confusion has
made it impossible for her to stay in her own home, and there
is no one willing and able to look after h~r. Over three years,
her condition deteriorates. She loses the ability to speak, requires
to be fed, and becomes incontinent. Finally, she cannot sit in an
armchair any longer, and is confined permanently to bed. One
day, she contracts pneumonia.
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Pradical Ethics
In a patient who was enjoying a reasonable quality of life, pneumonia
would be routinely treated with antibiotics. Should this
patient be given antibiotics? Nossal continues:
The relatives are contacted, and the matron of the nursing home
tells them that she and the doctor she uses most frequently have
worked out a loose arrangement for cases of this type. With
advanced senile dementia, they treat the first three infections
with antibiotics, and after that, mindful of the adage that 'pneumonia
is the old person's friend', they let nature take its course.
The matron emphasises that if the relatives desire, all infections
can be vigorously treated. The relatives agree with the rule of
thumb. The patient dies of a urinary tract infection six months
later.
This patient died when she did as a result of a deliberate omission.
Many people would think that this omission was welljustified.
They might question whether it would not have been
better to omit treatment even for the initial occurrence of pneumonia.
There is, after all, no moral magic about the number
three. Would it also have been justifiable, at the time of the
omission, to give an injection that would bring about the patient's
death in a peaceful way?
Comparing these two possible ways of bringing about a patient's
death at a particular time, is it reasonable to hold that
the doctor who gives the injection is a murderer who deserves
to go to jail, while the doctor who decides not to administer
antibiotics is practising good and compassionate medicine? That
may be what courts of law would say, but surely it is an untenable
distinction. In both cases, the outcome is the death of
the patient. In both cases, the doctor knows that this will be
the result, and decides what she will do on the basis of this
knowledge, because she judges this result to be better than the
alternative. In both cases the doctor must take responsibility for
her decision - it would not be correct for the doctor who decided
not to provide antibiotics to say that she was not responsible
for the patient's death because she did nothing. Doing nothing
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Taking Life: Humans
in this situation is itself a deliberate choice and one cannot
escape responsibility for its consequences.
One might say, of course, that the doctor who withholds
antibiotics does not kill the patient, she merely allows the patient
to die; but one must then answer the further question why
killing is wrong, and letting die is not. The answer that most
advocates of the distinction give is simply that there is a moral
rule against killing innocent human beings and none against
allowing them to die. This answer treats a conventionally accepted
moral rule as if it were beyond questioning; it does not
go on to ask whether we should have a moral rule against killing
(but not against allowing to die). But we have already seen that
the conventionally accepted principle of the sanctity of human
life is untenable. The moral rules that prohibit killing, but accept
'letting die' cannot be taken for granted either.
Reflecting on these cases leads us to the conclusion that there
is no intrinsic moral difference between killing and allowing to