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The Impact of International Bioethics on
the Sanctity of Life Ethics
and the Ability of Ob Gyn's to Practise According to Conscience - Part II
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Human Rights The Fundamental
Controversies
Witness of a Conscientious John Paul II |
by Prof. Dr. Dianne Nutwell Irving
"A small error in the beginning leads to a multitude of errors in the
end." F. Erroneous "Personhood" Theories used by Bioethics ObGyn's might keep in mind that the key to understanding any philosophical or
theological ethical theory is to identify its philosophical or theological
"anthropology"-- or definition of "a human being" or "person". Different
anthropologies lead to different ethical theories. Some anthropologies match
reality; others don't. Bioethics tries to claim that its theory really has no
"anthropology", i.e., the "personhood" issue. Bioethics is "just" about
"ethics". However, almost all bioethics arguments do incorporate a "delayed
personhood" claim, whether or not they know or admit it -- especially within the
context of debates over abortion, the use of abortifacients, human and fetal
research, cloning, stem cell research, euthanasia, etc. That is, most deny the
accurate human embryology, or make up their own, to argue that at fertilization
there is no human being -- or at least no human "person" -- there yet.
"Whatever" is there has only a "reduced moral status" at best (the language used
from the National Commission onward). Only some time period after fertilization,
e.g., implantation (5-7 days post-fertilization), 14-days (with the formation of
the primitive streak), or "brain birth" (with the formation of the cortex or
neocortex), etc. (depending on the theory), is there a real "person" with rights
present. Before that biological marker there are only "stem cells", or
"pre-embryos" present. Virtually all of the arguments for "delayed personhood" use erroneous science
on which to ground their philosophical "personhood" claims, hence rendering
those claims automatically invalid per se. Regardless, these false claims have
had enormous influence in public policy making worldwide -- especially the
"brain-birth" myths (addressed with "preference" utilitarianism, below), and the
"pre-embryo" myth of McCormick and Grobstein. It is worth reviewing even briefly
this influence, as it helps to explain at least to some extent the sources of
such immense pressures against Catholic ObGyn's in their daily practice. While
many may be aware of McCormick's influence in moral theology, few seem to be
aware of his penetrating work in a totally different field -- "secular
bioethics". Early in the 1970's, Richard McCormick, S. J., had argued that
defective newborns could be allowed to die. Applying the "Catholic" moral
theology distinction of the Principle of Double Effect, McCormick concluded that
the term "extraordinary" was large enough to justify the omission of
life-sustaining treatments on the basis of expected diminished quality of life,
defined in terms of the potential for human relationship. McCormick had also
agreed with the May 1979 DHEW Ethics Advisory Board recommended approval of
federal funding of research on the safety and efficacy of IVF research and
embryo transfer in the treatment of infertility -- departing from the Vatican's
position against any technologically assisted pregnancies, even in lawfully
married couples. Now, following similar work by Andre Hellegers (founder of The
Kennedy Institute of Ethics at Georgetown University), McCormick seriously
questioned the "moral status" of early human embryos (or, "pre-embryos" as he
referred to them), as did several others within the Catholic Health Association.
Furthermore, McCormick reluctantly agreed that since some abortions are
acceptable, then some fetal research would also be acceptable. He had reasoned
that children have a moral obligation to participate in non-therapeutic
experimentation where there is no discernible risk or undue discomfort, and
therefore their parents may give proxy consent for their children's
participation in such research that would not benefit them personally. He
grounded this moral obligation in social justice -- i.e., "to contribute to the
benefit of the human community." The same moral obligation, argued McCormick,
can now be extended to the fetus. Paul Ramsey also had qualms about the "moral
status" of the early embryo, accepting the McCormick/Grobstein "pre-embryo", and
therefore also reluctantly sanctioned fetal research. Thus these writers, as
many others, claimed that morally relevant characteristics were not present in
the early developing embryo until "segmentation", or the attainment of
"individuality" about 14-days or even later during human development. Regardless of the biological marker used, what these arguments have in common
is a claim for some sort of a "delay" -- in "personhood", or even "humanhood" --
after fertilization. Philosophically, such a claim is per se a claim about "anthropology", and
historically a very weak and indefensible one at that. It requires that the soul
and the body are two separate and independently existing substances. But think
about it. If there is a real split or gap between the "mind" (or "soul") entity,
and the "body" (or "matter") entity -- which is required if there is any "delay"
in "personhood" -- then one simply cannot successfully explain any causal
interaction whatsoever between these two separate entities, either before or
even after "uniting". Nor is there any scientific data to verify such a "split",
nor such a "delay". A lengthy response is not practical here, but solid arguments to refute such
"delays" have been advanced for many years. Briefly, e.g., if, the "rational
soul" contains virtually the other powers of the soul; if there is no split
among the several powers of the soul; if there is no split between the soul and
the body; if the body and soul must exist together as one single substance (as
both Aristotle and St. Thomas have insisted!); and if there is scientific
evidence that the "vegetative" power of the human rational soul is present
immediately at fertilization (which there is) -- i.e., the immediate production
of explicitly human proteins and enzymes, the development of specifically human
tissues and organs -- then the whole rational soul must be immediately present
at fertilization. Personhood must begin when the human being begins. There is no
carrot or frog produced -- and we know that empirically! It is long past time for us to recognize, acknowledge, and deal with the
concrete reality that the earliest human embryo is indeed deserving of exactly
the same respect, dignity and legal protections as all human persons -- simply
even by virtue of his or her inherent humanity which we all share in common (the
basis of natural law philosophical ethics), and as stated explicitly in many
Church documents. This information is critical for the correct formation of
conscience. To choose not to acknowledge or deal with this information has already led to
the acceptance, now almost habitual, of a two-tiered caste of human beings --
some of whom are "persons" and some of whom are not -- as exemplified in these
bioethics "delayed personhood" debates. This "delayed personhood" mental
construct has also long since been transferred to bioethics issues involving
adult human beings, e.g., in issues concerning the mentally ill, euthanasia,
etc. If nothing else the Nazi "science", rationalizations, propaganda, and
experiments, and the on-going scourge of slavery, should have taught us about
the inevitable real life consequences of such a "caste". The unheralded words of the single dissenting National Commissioner Louisell
ring ominously clear: "American society is itself at risk -- the risk of losing
its dedication to the proposition that 'all men are created equal.' We may have
to learn once again that when the bell tolls for the lost rights of any human
being, even the politically weakest, it tolls for all." III. INTERNATIONAL BIOETHICS' ATTACK ON THE "SANCTITY OF LIFE ETHIC":
Of interest is the definition of "people" or "person" used in preference
utilitarianism. "Persons" are those who have preferences, interests, desires,
etc. For these utilitarians, not all human beings are "persons", while some
animals are "persons". Preference utilitarians especially need to attack those
who hold the "sanctity of life ethic" (which states that only human beings are
"persons"), as simply prejudiced and racists tenets of "speciecism". As Oderberg
explains the origins of this attack: "The charge was made famous by Peter Singer
and is leveled by virtually all the followers of Singerian bioethics". They
prefer instead a "quality of life" ethic. One way that "preference
utilitarianism" attacks the "sanctity of life ethic" is by literally
deconstructing or redefining it -- usually by means of "soft", meandering, but
very clever "thought experiments" and "logical dialogues" that "evaluate" the
"pros" and "cons" of the "sanctity of life ethic" -- to support a "quality of
life" position. A. Jonathan Glover: The "sanctity of life ethic" is generally correctly stated as: "It is always
a morally evil act to intentionally and directly kill an innocent human being."
From that major premise it follows, e.g., that since human embryos and fetuses
are innocent human beings, and since human disabled and terminally ill adults
are also innocent human beings, to intentionally and directly kill them would be
morally evil actions per se -- regardless of any "personhood" status,
circumstances or intentions. But Glover doesn't hold those actions to be "morally evil per se"; besides,
that would impede the advancement of global "positive eugenics" and genetic
engineering which he, and most preference utilitarians, strongly advocate. So he
redefines the major premise of the "sanctity of life ethic" as follows: "It is
always intrinsically wrong to destroy a life that is worth living." Such a life
would not be "mere biological life", but rather, as Glover vaguely describes it,
the quality of life of one who consciously possesses preferences, plans,
projects, desires, feelings, memories, a sense of identity, etc. -- what later
came to be grouped together in bioethics and labeled "rational attributes"
and/or "sentience". Only a "person" possesses a life that is worth living. Since
unborn, born, and human children, as well as many ill or disabled adult human
beings do not have this "quality of life", they do not have a "life that is
worth living". Therefore, they are "non-persons" -- and therefore the direct and
intentional killing of these human non-persons would not necessarily be a
morally evil act. Voila! The "sanctity of life ethic" now is the "quality of
life ethic"! B. R. M. Hare: C. Peter Singer: American philosopher/bioethicist Richard Frey, pushing Singer's logic,
actually published an article in a major international bioethics textbook that,
since many adult human beings are not persons (e.g., Parkinson's patients, the
mentally ill and retarded, the frail elderly, etc.), and since many of the
higher primates are persons, then these adult human non-persons should be
substituted in purely experimental research in place of the higher primates who
are persons. Recently, Singer applied his form of "preference utilitarianism" to
bestiality. He concluded that bestiality can be an "ethically correct" action,
as long as it is not cruel, if it satisfies the preferences (e.g., sexual
pleasure) of those affected (i.e., the human person and the animal), and if it
has the best consequences for the greatest number of people involved (i.e., the
total amount of "pleasure" experienced in the world would be increased). And, of
course, since Singer defines many animals as "people", then "the greatest number
of people" for Singer would include some human beings and some animals.
Therefore, bestiality can indeed be "ethical". This is surely "theory" run amok!
D. Others: United Nations consultant/bioethicist/biologist Darryl Macer (Japan) also
defines a "person" similar to Glover, Hare, and Singer: "A person is generally
referred to as someone who is rational, capable of free choices, and is a
coherent, continuing and autonomous centre of sensations, experiences, emotions,
volitions and actions; these are what may be called the characters of a person."
Macer, like so many others in the field, conveniently continues to ground his
"embryology" and "personhood" concepts at least in part on the amazingly flawed
but influential bioethics book by Australian theologian Fr. Norman Ford, When
Did I Begin?. Ford himself, unabashedly and without cross-verification, used and
applied the same erroneous "human embryology" -- as well as the same "moral"
conclusions that follow from it -- that McCormick and Grobstein used to fashion
their scientifically erroneous concept of a "pre-embryo". Macer argues that the
life of a 1-cell embryo is not sacrosanct, and has never been, even in
theological circles. "It is clear that the biological qualities of personhood
are not present at conception; what is present is something we call the embryo,
... but it does not manifest the activities of a human person. It is a potential
human person, at the biological level at least, rather than a human person with
potential." Ultimately, Macer leans toward the socially acceptable concept of
the "gradual" attainment of "personhood" and "brain birth", and is a strong
proponent of global birth control. However, although a living human embryo or fetus does not qualify as a
"person" for Macer, their manipulation (or destruction) can be useful for
purposes of "positive eugenics" -- for a "healthy "society". Macer clearly
articulates the international bioethics case for "positive eugenics." But as
with all utilitarian theories, there is virtually no "ethical" consideration
given to the "means used" to achieve this eugenics agenda. Nor would they need
to. The reality of the person of the individual human being at fertilization has
been disposed of -- "scientifically", conceptually, and linguistically. It
simply remains to be concretized in all international law. Or ponder the contemporary thoughts of one of bioethics' founders, "Christian
bioethicist" Tristram Engelhardt: "Persons in the strict sense are moral agents
who are self-conscious, rational, and capable of free choice and of having
interests. This includes not only normal adult humans, but possibly
extraterrestrials with similar powers." Obviously, "personhood" has been and still is used as a linguistic device for
various unethical purposes. It has been used in the medical arena as a
justification for abortion, the use of abortifacients, international population
policies, euthanasia, and a multitude of related bioethics issues -- and often
for eugenic purposes. Indeed, many of the leading "savants" who pioneered the
early formation of the field of bioethics were quite outspoken eugenicists. This
has not changed; it is merely getting more vocal and more universal. For example, sounding much like Hare (above), bioethicist Dan Wikler, as
representative of the World Health Organization, recently declared that: "The
state of a nation's gene pool should be subject to government policies rather
than left to the whim of individuals. ... The completion of the human genome
project would also make it possible to promote some genetic qualities such as
intelligence and lower the incidence of others. ... It may be conceivably
required by justice itself" ["justice", as in Rawls!] Of course, the "gene pool" must also be determined by means of abortion, the
use of abortifacients, infanticide, IVF, pre-natal selection, surrogate mothers,
human embryo and fetal research, human cloning, human chimera research, human
embryonic and human fetal "stem cell" research, euthanasia, physician-assisted
suicide, etc. These are the usual "bioethics" issues, accomplished via "absolute
autonomy" (at least for now) and the other bioethics principles as originally
defined. These are not just "issues", but also the "tools" required to advance a
global eugenics agenda -- just read their works, and listen to their lectures.
And it is the Catholic ObGyn who is standing in the way! IV. ERRONEOUS SCIENCE IN HUMAN STEM CELL AND HUMAN CLONING RESEARCH: A. "Human Embryonic Stem Cell" Research: Among the more "creative" attempts that have emerged, perhaps the most
influential has been to redefine the early human embryo as "just stem cells".
For example, in his 1999 testimony before the U.S. Senate subcommittee hearings
on stem cell research, then-Director of the National Institutes of Health,
Harold Varmus, actually defined the early human embryo from fertilization to the
end of the blastocyst stage as "just stem cells"! The concrete reality of the
early human embryo, a whole human organism, simply "vanished"! The NIH
Guidelines on stem cell research then proceeded to define all of the "stem
cells" derived from frozen IVF-produced human embryos as "just pluripotent",
rather than acknowledging that many of these stem cells are "totipotent". 2. Separated "stem cells" could become embryos: Nor has it been explained that the term "human embryonic stem cells" can
properly refer to those cells only while they are still a part of and intact
within the whole embryo. Once these "stem cells" -- or even groups of "stem
cells" -- are separated from the whole embryo, they can be "totipotent", and
therefore quite capable of "healing" themselves (called "regulation) and
becoming new whole living human embryos themselves -- per se. That is, they
would no longer be "stem cells"; they would be living human beings. Substantial
change would have taken place, much as like happens in human cloning, resulting
in the formation of a new living human embryo/being. So to use such so-called
"stem cells" would constitute human embryo research per se. We know this biological fact about regulation even from natural monozygotic
twinning -- a form of asexual reproduction called "fission", "blastomere
separation", or "blastocyst splitting". In fact, "twinning", sometimes called
"embryo multiplication", is a form of cloning, in which copies or replicas of
human genetic organisms are produced. The method is even being seriously
considered by IVF researchers and clinicians themselves for "multiplying" human
embryos from single embryos produced by older infertile women who have
difficulty maturing viable oocytes during IVF "therapy". And surely, neither the
IVF clinician nor the woman think that what is being implanted in the woman's
uterus is just a "stem cell"! B. "Fetal Stem Cell" Research: V. CONCLUSIONS: I hope you will also consider that another part of reality is the existence
of malignant global structures of bioethics which purposefully use erroneous
science and an idiosyncratic and very problematic normative "ethics" to redefine
the "human being" and "human person" in order to achieve their own medical and
research agendas, often eugenic in purpose. Theirs is the "quality of life
ethic", which necessarily comes to far different ethical conclusions in medicine
and research. Until and unless we all come to deal effectively with these concrete
realities, the pressures on and discriminations against Catholic ObGyn's and
related health care workers to be trained and practice according to conscience
will continue to escalate. " ... [T]here has emerged a phenomenon unknown to antiquity that
permeates our modern society so completely that its ubiquity scarcely leaves us
any room to see it at all: the prohibition of questioning ... We are confronted
here with persons who know that, and why, their opinions cannot stand up under
critical analysis and who therefore make the prohibition of the examination of
their premises part of their dogma ... The questions of the "individual man" are
cut off by the ukase of the speculator who will not permit his construct to be
disturbed." [Eric Voegelin
Science, Politics and Gnosticism (1968) ]
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