Establishment Bioethics
20 August, 2005
There are different kinds of ethics.
Full Text
. . . bioethics is simply a
branch of ethics, and the term is frequently used as
an imprecise label for a range of ethical theories
in medicine and medical research. Thus, the title
'bioethicist' is not much more descriptive than
'religious believer'.
The term 'bioethics' is frequently used as if it
denotes a single ethical system. In fact, bioethics
is simply a branch of ethics,1
and the term is frequently used as an
imprecise label for a range of ethical theories in
medicine and medical research. Thus, the title
'bioethicist' is not much more descriptive than
'religious believer'. Ethical differences between
one theory of bioethics and another may be quite as
dramatic as doctrinal differences between religions,
though, like religions, there are also similarities.
This is illustrated by the different ethical
views of non-therapeutic experimentation on human
embryos, freezing and cloning of human embryos, and
in vitro fertilization. While the Catholic
Church's Instruction on Bioethics proscribes
all of these procedures,2
and some non-Catholic and even non-religious
bioethicists agree with this judgement, others
disagree.
Thus, an astute practitioner, confronted with what
is said to be a bioethics norm, will probe further
to seek the root of the norm, alert to spurious
arguments.
Science cannot mediate ethical claims.
False claims of superiority are sometimes made by
bioethicists who assert that their conclusions are
inconvertible because they are 'scientific'. Closer
examination of these claims reveals considerable
confusion about the boundaries between science and
belief, a confusion often evident in discussions
involving the beginning of life. Here, for example,
science establishes that a genetically distinct
human individual comes into existence at
fertilization.3
But science cannot establish that this individual is
a human person; that is a philosophical question,
and science is not competent to decide philosophical
questions. Similarly, science cannot determine what
moral obligations are called forth by the existence
of a human individual. Its correct and limited role
is to provide factual data which philosophers and
ethicists incorporate into their deliberations.
Secular ethics are based on faith, not fact.
Some bioethicists claim that they offer a
'neutral' ethical vision because their approach is
based on 'secular principles', not religious belief.
This argument trades on the erroneous notion that
what is secular is unencumbered by metaphysical or
moral presuppositions. On the contrary: all ethical
systems - including secular ethics - establish moral
norms by asserting that some actions are right and
others wrong. To discuss the ethics of euthanasia,
for example, is to ask whether euthanasia is right
or wrong. This question cannot be decided without
defining right and wrong, or dismissing the very
concept as irrelevant or erroneous.
In fact, secularists are believers. They believe
that human dignity exists, that all men are equal,
that human life is worthy of respect, etc. These are
first principles that must be accepted on faith, not
facts established by scientific study.
4
Ultimately, no bioethical theory is morally neutral.
To discuss the ethics of euthanasia, for example, is
to ask whether euthanasia is right or wrong. This
question cannot be decided without defining right
and wrong, or dismissing the very concept as
irrelevant or erroneous.
Anthropology counts.
Consider two different statements: (a) man is a
creature whose purpose for existence depends upon
his ability to think, choose and communicate; b) man
is a creature for whom intellect, choice and
communication are attributes of existence,
but do not establish his purpose for existence.
Statements (a) and (b) express non-religious belief, not empirically verified
fact.
Such beliefs - usually implicit rather than explicit
- direct the course of ethical discussion.
Bioethicists working from (a) would have little
objection to the substitution of persistently
unconscious human subjects for animals in
experimental research.5
Those who accept (b) would be more inclined to
object.6
Finally, bioethicists who do not believe in
'purpose' beyond filling an ecological niche would
dismiss the discussion as wrong-headed.
Reasoning from different beliefs about what man
is and what is good for him leads to different
notions of right and wrong, and ultimately to
different ethical conclusions.7
Establishment bioethics.
Problems for ethical minorities arise when one
version of bioethics becomes predominant, and its
practitioners attain positions of influence and
power in government, academic and professional
circles. In practical matters, establishment
ethicists are prone to dismiss the approach of any
ethical system that does not conform to the
predominant 'consensus'. However, their 'consensus
building' includes only those participants willing
to accept the establishment's fundamental
presuppositions. The resulting 'consensus' is, in
reality, simply the majority opinion of like-minded
individuals, not a genuine ethical synthesis
reflecting common ground with those who think
differently.8
Typically, establishment bioethicists do not
explain this when consulted by public or
professional bodies about ethical questions. Indeed,
they may fail to acknowledge even the existence of
other ethical systems.9
This may be the result of ignorance, since many
people identified as 'ethicists' (especially members
of professional ethics committees) have had only
rudimentary instruction in ethics, from exclusively
establishment teachers.
Establishment intolerance.
The hegemony of establishment bioethics too often
generates intolerance of those who live by other
ethical standards. Such intolerance leads to demands
that people participate in procedures or services
they find morally abhorrent, and to talk of
excluding ethical minorities from education and
employment - even in countries that preach loudly
about human rights and accommodation of diverse
beliefs.10
Indeed, insistence upon uniformity - not
accommodation - appears to be the primary policy of
those in power, and establishment bioethicists are
prone to call upon state and professional
authorities to enforce the ethical uniformity they
are unable to secure by persuasive argument.
And when challenged to demonstrate the
superiority of the ethical system they want to
impose upon dissenters, to justify its
faith-assumptions and its anthropology, these
authorities are - frequently - silent. Instead of
dialogue, one is met with strategy: stonewalling,
'circling the wagons', the assertion of legal
authority, and the raw exercise of power.
This is "the establishment": good people, by and
large, faithful to the reigning orthodoxy, sincere
in their dogmatism, but unable or unwilling to
articulate the hidden faith they seek to impose on
others.
Notes:
1. Irving, Dianne N., What is
"Bioethics"? (Quid est "Bioethics"?). Tenth
Annual Conference: Life and Learning X (in
press)University Faculty For Life, Georgetown
University,Washington, D.C.
2. Congregation for the Doctrine
of the Faith, Instruction on Respect for Human
Life in its Origin and on the Dignity of Procreation
(1987), I.4, I.6, II.B.5
3. O'Rahilly, Ronan, and Fabiola
Müller, Human Embryology & Teratology. New
York: Wiley-Liss, 1994, p. 19-20; Moore, Keith L.
and T.V.N. Persaud, The Developing Human.
Philadelphia: W.B. Saunders Company, 1998, p. 2.
Quoted in Irving, Dianne N., Quoted in
Irving, Dianne N., "When do Human Beings Begin?
'Scientific' Myths and Scientific Facts,"
International Journal of Sociology and Social Policy
1999, 19:3/4:22-47
4. Benson, Iain T., "Notes
Towards a (Re) Definition of the "Secular" (2000) 33
U.B.C. Law Rev. 519 -549, Special Issue: "Religion,
Morality, and Law", p. 521. A popular version of the
article is found in
Benson, Iain T., "There are No Secular
'Unbelievers'". Centre Points, Vol. 4,
No. 1, Centre for Cultural Renewal, Ottawa: Spring,
2000, p. 3.
5. Richard G. Frey, "The ethics
of the search for benefits: Animal experimentation
in medicine", in Raanan Gillon (ed.), Principles
of Health Care Ethics (New York: John Wiley &
Sons, 1994), pp. 1067-1075; cited in
Irving, Dianne N., "Scientific and Philosophical
Expertise: An Evaluation of the Arguments on
'Personhood'". Linacre Quarterly February
1993, 60:1:18-46[Updated and extensively revised,
September 20, 1996]
6. Bleich, Dr. J. David,
"Euthanasia", in Judaism and Healing: Halakhic
Perspectives (1st Ed.), Ktav
Publishing House, 1981, p. 139. Essay reprinted in
A Matter of Choice: Responsibility to Live, Right
to Die - Five Discussion Papers from the Jewish
Perspective on Euthanasia. 13 April, 1994,
Lubavitch Centre, Vancouver, B.C. (Ethics and Torah
forum series)
7. Smith, Wesley J.,
"Is Bioethics Ethical?"
The Weekly Standard,
28 May, 2000.
8. One critic outlines the extent
of the penetration of bioethics principlism, as
defined in the American Belmont Report: "Many
colleges and universities already require a course
in bioethics in order to graduate, and most medical
and nursing schools have incorporated it in their
curricula. Bioethics is even being taught now in the
high schools. And what is being taught as
bioethics are the Belmont principles, or renditions
of one or more of these principles as defined in
Belmont terms. Nods may be given to
"alternative" propositions here and there, but in
the end it is the language of principlism
which sets the standards." Irving, supra
9. This omission is evident in an
article that criticized the ethics of pharmacists
who refuse to dispense the 'morning after pill' for
reasons of conscience (Archer, Frank M., "Emergency
Contraceptives and Professional Ethics A Critical
Review" Canadian Pharmaceutical Journal, May
2000, Vol. 133, No. 4, p. 22-26).
10.
A bulletin produced by an Ethics Advisory
Committee included the following statement:
"[conscientious objectors] must refer patients to
colleagues who will provide such services, and in
the end deliver these services themselves if it is
impractical or impossible for patients to otherwise
received them." College of Pharmacists of British
Columbia Bulletin, March/April 2000, Volume 25, No.
2. Ethics in Practice: Moral Conflicts in
Pharmacy Practice
Frank Archer, a member of this committee, later
advised the profession that "conscientious
objection, unlike a right, usually carries with it
certain penalties if acted out. . . .Pharmacists
have a duty to ensure their patients are provided
with recognized pharmacy services, despite personal
religious or moral objections." ("Emergency
Contraceptives and Professional Ethics A Critical
Review": see note 9).
The Registrar of the College, supporting the
position taken in the bulletin, stated: "Pharmacists
entering the practice of pharmacy and those already
in practice have an obligation to conform with the
generally accepted ethical principles of the
profession, not the other way around. Individuals
are free to choose whether to enter the profession
or to remain in practice on this basis." (Letter
from the Registrar to the Project Administrator, 9
May, 2000)
Similarly, Arthur Schafer, director of the Centre
for Professional and Applied Ethics at the
University of Manitoba, asserted that conscientious
objectors who refuse "legal services" (ie., the
'morning after pill') to patients who have nowhere
else to go should leave the profession, apparently
settling an ethical problem by appealing to law. (
Jacobs, Mindelle, "Pharmacists Want Right of
Refusal", Edmonton Sun, 16 April, 2000)
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