Kant and medical ethics. Introduction to the theme.
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Biomedical subjects
Publications and source records attributed to Friedrich Heubel.
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Kantian deontology is one of three classic moral theories, among virtue ethics and consequentialism. Issues in medical ethics are frequently addressed within a Kantian paradigm, at least --although not exclusively--in European medical ethics. At the same time, critical voices have pointed to deficits of Kantian moral philosophy which must be examined and discussed. It is argued that taking concrete situations and complex relationships into account is of paramount importance in medical ethics. Encounters between medical or nursing staff and patients are rarely symmetrical relationships between autonomous and rational agents. Kantian ethics, the criticism reads, builds on the lofty ideal of such a relationship. In addition to the charge of an individualist and rationalist focus on autonomy, Kantian ethics has been accused of excluding those not actually in possession of these properties or of its rigorism. It is said to be focussed on laws and imperatives to an extent that it cannot appreciate the complex nuances of real conflicts. As a more detailed analysis will show, these charges are inadequate in at least some regards. This will be demonstrated by drawing on the Kantian notion of autonomy, the role of maxims and judgment and the conception of duties, as well as the role of emotions. Nevertheless the objections brought forward against Kantian moral theory can help determine, with greater precision, its strengths and shortcomings as an approach to current problems in medical ethics.
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Mrs. J. is a 76-year-old woman who had been in good health. When she was brought to the hospital 10 days after being involved in an automobile accident, she was found to have severe brain injury and, despite vigorous treatment, has never regained consciousness. The consulting neurologist feels that she has no chance to recover completely and the "best case scenario" is that she may regain some consciousness without ever being able to take care of herself or probably without ever being able to interact with her environment in a meaningful fashion. She and her husband have been very close and had just celebrated their 50th wedding anniversary when the accident occurred. After long deliberation, her husband states that his wife had often said that "she would never want to live like this" and that she had always had a fear of being a burden to anyone. He wants active treatment stopped and asks that she only be kept comfortable and allowed to die. Their daughter agrees with this decision, although their son who lives in a distant state, feels that all treatment should continue and that she "certainly wouldn't be a burden." Among other considerations brought up by the husband is the fact that there are no financial arrangements to take care of long-term care in a nursing home.
Loewy makes an extraordinary and audacious claim. He does not only reject virtue ethics, casuistry, the "Kantian injunction of respect for persons based on their capacity for self-legislation," and the utilitarian greatest good as possible groundings for clinical ethics. He even offers another grounding that he qualifies explicitly as "universally acceptable." Of course we have to analyze what it is that he offers. But prior to that, we must analyze what he means by "grounding." Grounding suggests an evidence that can neither be rationally grounded again nor rationally questioned but that other concepts can be rationally grounded upon. And it is at least doubtful whether the alternatives he quotes are groundings in that strict sense....