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by Janet Smith
Janet Smith is professor of philosophy at the University of Dallas
and one of the leading lay Catholics of the day. She is author of Why
Humanae Was Right (Ignatius Press).
The opening line of Dignitatis Humanae states, “A sense of the dignity
of the human person has been impressing itself more and more deeply on the
consciousness of contemporary man, and the demand is increasingly made
that men should act on their own judgment, enjoying and making use of a
responsible freedom, not driven by coercion but motivated by a sense of
duty.” Dignitatis Humanae was written largely to defend man’s right to
religious liberty. Religious freedom is the most important freedom, for
men need more than anything the freedom to get themselves right with God.
But as we know, in our age, few employ the abundant freedoms available to
us for advancing our relationship with God.
Dignitatis Humanae also states that “it is one of the major tenets of
Catholic doctrine that man’s response to God in faith must be free; no one
therefore is to be forced to embrace the Christian faith against his own
will.“ This means that we must not force others to make proclamations of
faith. Yet freedom from such coercion, of course, does not mean that
individuals are free to worship in any way they choose; child sacrifice,
for instance, is not to be tolerated. We have the freedom to believe
whatever we want, but not the freedom to do whatever we want.
Religious freedom, then, is not absolute. It is a fundamental human right
but one subject to reasonable limitation. Let me comment on the current
state of bioethics as a means of illustrating what can go wrong when we
misunderstand the proper reach of human freedom and why the important
element in religious freedom is not so much freedom as it is religion.
The discipline of bioethics is currently nearly obsessed with autonomy, or
man’s liberty to make his own choices. This liberty, however, has little
to do with human dignity or duty and much more to do with a reduction in
human dignity and a sense that one has few obligations other than making
one’s own choices.
The students in my bioethics class were recently discussing a case of a
fifty-six year old man who was becoming increasingly demented. A simple
operation would halt his rapid slide into complete dementia (caused by
water on the brain) and perhaps enable him to regain many of his
faculties. He, for no apparent reason, was refusing the simple surgery.
His submissive and timid wife concurred with his wishes. Even when he was
not demented he refused surgery so his physicians were inclined to respect
his autonomy and not seek a court order mandating the surgery. In today’s
bioethical world it seems the greatest wrong is being “paternalistic” and
overturning a patient’s autonomous decision, even if that decision rejects
simple ordinary care and leads to severe disability, dementia, or even
death.
A few of the students opined that since he was so old, dementia might not
be far away anyway. I put my head down on my desk and emitted a deep
existential groan. When I revived, I informed them that I am soon going to
turn fifty. I acknowledged that when I was their age, I thought that fifty
was old and now that I am nearly fifty I am sure that it is. I am
experiencing a reduction of all my powers; my hearing, sight, teeth,
energy, etc. are all diminishing and I have reason to believe that I
discern signs of impending dementia as well. Nonetheless, I told them that
I belong to a generation that largely has not yet done anything worthwhile
with our lives and that we, unlike previous generations, should not be put
out to pasture to admire the daisies however attractive an option that
might seem. Rather, we need time to redeem ourselves and see if we can
help stall or even reverse some of the terrible forces we have unleashed.
(Though I do wonder if the more pernicious of us might be better off
reduced to ineffectuality.)
Such dismal moments aside, teaching at the University of Dallas is a
special privilege and teaching bioethics here is even a more special
privilege. By the time our students take the bioethics course, they have
already had three other philosophy course, ethics, philosophical
anthropology, and metaphysics. Such a background protects them somewhat
from the approach of bioethics texts that inform them that they can be a
utilitarian, one who seeks the “greatest happiness for the greatest
number” or a deontologist (roughly, one who believes in absolutes) and
more recently what is known as a “principlist” (to be described in a
moment). The texts give no reason why one would choose to be either a
utilitarian or a deontologist; one’s choice seems a matter of preference.
I point out to my students that utilitarians have virtually no metaphysics
and an anthropology that seems to consist in the dubious claim that men
have a natural sympathy for each other and deontologists think virtually
nothing is known about the outside world and that man is a rational being
who should ignore all of his natural inclinations. They are, therefore,
not much drawn to either system.
Actually, one wonders who outside of professional ethicists is drawn to
either system. In fact, few of them seem willing to identify themselves
with either system; in reading bioethics commentaries one is hard put to
find any ethicist who identifies him or her self as a utilitarian or a
deontologist. Reigning today are is the “system” coming to be known as “principlism.”
Two bioethicists, Tom Beauchamp and James Childress, seem to have devised
this “system” as a compromise (one claims to lean towards rule
utilitarianism, the other towards deontology); it evaluates bioethical
issues in terms of the principles of autonomy, beneficence, nonmaleficence,
and justice. These “principles” are loosely grounded in whatever grounds
rule utilitarianism and deontology but mostly are meant to stand alone, as
rather obvious principles for those in the health care profession.
Because physicians have historically and one might say naturally been
thought to have the function of healing their patients or reducing their
pain, beneficence, nonmaleficence, and even justice seem natural
principles for bioethics. But the truly reigning principle is the
principle of autonomy. We must be free to make our own decisions — and
such freedom is much more important than the rightness or wrongness of any
choice that we make. We value our right to be wrong much more than our
responsibility to be right. Physicians are frequently forced in our
culture to abandon beneficence, nonmaleficence and even justice to protect
the autonomy of their patients (we need look no further than the
legalization of abortion and the growing support for assisted suicide).
One might hope that the dominance of autonomy as a value is rooted in the
notion of human dignity, of man being made in the “image and likeness” of
God. Natural law ethics and personalism justify a strong interest in
helping patients be self-determining for these reasons, but bioethics
texts rarely mention natural law and have no awareness of personalism
(though feminist and environmentalist ethics occasionally merit a
mention.) Rather, the commitment to autonomy seems based primarily on the
fact that we are living in an age of moral pluralism; we have so little if
any means of coming to any agreement on moral issues. When we are so
confused that we cannot agree that partial birth abortions are wrong, what
can we agree upon? So, we slide more and more into a culture that permits
almost anything — even the “right” to kill others and certainly the
“right” to kill one’s self.
Although bioethics is dominated by the advocates of the principle of
autonomy, more and more it has its critics if only because it is so
difficult to honor it in clinical situations. Patients want to trust their
doctors; patients often don’t know what they think is right, and some of
them who do make choices that will cause them great harm and threaten to
compromise the moral commitments of the physicians. Physicians are
generally at a loss of what to do, besides hoping that their patient will
fail the too frequently requested psychiatric consult when their patients
make what they think are harmful, foolish, and sometimes immoral choices.
They do not want to operate as simple technicians who are there strictly
to do the patient’s bidding. So sometimes it seems that the battle in
bioethics is not between utilitarians and deontologists but between
wannabe paternalists and autonomists.
The real opponents, however, are those who think that man is just a more
highly developed animal particularly attached to his freedom of choice and
who will face no eternal consequences for those choices, and those who
think man is made in the image and likeness of God. In this view, since
man is rational, free, and relational, he must use his reason and freedom
to fulfill his obligations to himself, others, and his God.
Studies show that most Americans are religious and at the bedside priests
and ministers are generally very welcome, but from reading bioethics text
books one would rarely get the idea that patients are to be urged to draw
upon their religious beliefs to help them make their decisions. The
Kantian view that one should not let others influence one, that one has to
make one’s own decisions for them to be fully respectable, lingers in
bioethics.
Catholic physicians must take the lead in helping other physicians and
bioethicists as well realize that autonomy or freedom is not the greatest
good; it is a good only if used to perform one’s duties. They may be aided
by a close reading of Dignitatis Humanae with its understanding of the
balanced interplay between freedom and responsibilities, and rights and
duties. We must realize the source of man’s freedom: it is a gift from God
and the reason for man’s freedom: so that we can love and obey God because
we ourselves recognize His sovereignty. If so, we must certainly want
patients (and seekers after truth) to make their own decisions, but we
will also want to help them make the right decisions. If by no other
means, physicians can do so by refusing to perform operations and provide
treatment they know to be immoral and by being willing to attempt to get
patients and their fellow physicians to take into account the possible
eternal consequences of their choices. To refuse to do so is to let
ignorance rather than truth guide one’s decisions and there is no point to
freedom unless it is used to grasp and live by the truth.
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