在非自愿安乐死的背景下,死亡是“利益”。

IF 1.1 3区 哲学 Q3 ETHICS Theoretical Medicine and Bioethics Pub Date : 2022-12-01 Epub Date: 2022-10-13 DOI:10.1007/s11017-022-09597-w
Jonas-Sébastien Beaudry
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引用次数: 0

摘要

我提出一个原则性的反对意见,反对在慈善原则的基础上使非自愿安乐死合法化的论点。反对意见是,对于那些无法形成死亡愿望的人来说,死亡作为一种福利的地位比疼痛管理护理更有问题。我把这种反对意见建立在认识论和政治论点的基础上。也就是说,我认为死亡相对来说更不可知,它所带来的好处在主观上比疼痛管理更有争议。我主要指的不是很难对活着的状态和死后的状态进行比较的说法,而是这样一个事实,即在认识论和形而上学上,把“生不如死”或“痛苦呼唤死亡”的状态归咎于主观上不希望死亡的人是有问题的,好像这种痛苦是医学上可观察到的事实,而不是一种信仰和价值观念。相反,遭受类似痛苦原因的人可能有不同的痛苦经历,并对痛苦如何影响他们存在的价值、死亡或继续生活的可取性有不同的看法。将“痛苦呼唤死亡”投射到婴儿或有严重智力残疾的人身上,也许不是站不住脚的,但这比从慈善的角度判断疼痛管理会改善他们的福祉更有争议。我的论点还依赖于我们社会的自由努力,以避免赞同关于生死的无法证实的信念或有争议的美好生活概念。我的目的并不是建议我们不应该关注认知障碍者的痛苦。相反,我只是对这样的假设表示怀疑,即结束他们的生命是照顾他们的最佳方式,因为有强有力的姑息治疗可供选择。此外,我表示关切的是,不注意"需要缓解的痛苦"和"需要死亡的痛苦"之间的区别,可能是基于残疾主义的预测和假设。我的结论是,有必要继续研究那些有精神或认知障碍的人所经历的痛苦和痛苦的本质,这些痛苦和痛苦阻止了他们对最有利于他们的治疗表达自主的愿望。
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Death as "benefit" in the context of non-voluntary euthanasia.

I offer a principled objection to arguments in favour of legalizing non-voluntary euthanasia on the basis of the principle of beneficence. The objection is that the status of death as a benefit to people who cannot formulate a desire to die is more problematic than pain management care. I ground this objection on epistemic and political arguments. Namely, I argue that death is relatively more unknowable, and the benefits it confers more subjectively debatable, than pain management. I am not primarily referring to the claim that it is difficult to make comparisons between live and post-mortem states, but rather to the fact that it is epistemically and metaphysically problematic to impute a "life-worse-than-death" or a state of "suffering-calling-for-death" to people who cannot subjectively wish to die, as though this kind of suffering were a medically observable fact rather than a belief- and value-laden notion. On the contrary, people enduring similar causes of pain may have different experiences of suffering and views on how it affects the worthwhileness of their existence or the desirability of death or of continuing their lives. The projection of a "suffering-calling-for-death" onto infants or people with severe intellectual disabilities may not be indefensible, but it is more controversial than judging that pain management will improve their well-being from the perspective of beneficence. My argument also relies on our society's liberal endeavour to avoid endorsing unverifiable beliefs about life and death or controversial conceptions of the good life. My goal is not to suggest we should not attend the suffering of cognitively disabled people. On the contrary, I only cast doubt on too quick an assumption that ending their lives is the best way of caring for them, when robust palliative treatments are available. Moreover, I express the concern that a lack of attention to distinctions between "pain-calling-for-relief" and "suffering-calling-for-death" may be based on ableist projections and assumptions. I conclude that it is imperative to continue research into the nature of pain and suffering experienced by individuals with mental or cognitive impairments preventing them from expressing autonomous wishes about the kind of treatment that would most benefit them.

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来源期刊
CiteScore
1.80
自引率
14.30%
发文量
43
期刊介绍: AIMS & SCOPE Theoretical Medicine and Bioethics examines clinical judgment and reasoning, medical concepts such as health and disease, the philosophical basis of medical science, and the philosophical ethics of health care and biomedical research Theoretical Medicine and Bioethics is an international forum for interdisciplinary studies in the ethics of health care and in the philosophy and methodology of medical practice and biomedical research. Coverage in the philosophy of medicine includes the theoretical examination of clinical judgment and decision making; theories of health promotion and preventive care; the problems of medical language and knowledge acquisition; theory formation in medicine; analysis of the structure and dynamics of medical hypotheses and theories; discussion and clarification of basic medical concepts and issues; medical application of advanced methods in the philosophy of science, and the interplay between medicine and other scientific or social institutions. Coverage of ethics includes both clinical and research ethics, with an emphasis on underlying ethical theory rather than institutional or governmental policy analysis. All philosophical methods and orientations receive equal consideration. The journal pays particular attention to developing new methods and tools for analysis and understanding of the conceptual and ethical presuppositions of the medical sciences and health care processes. Theoretical Medicine and Bioethics publishes original scholarly articles, occasional special issues on important topics, and book reviews. Related subjects » Applied Ethics & Social Responsibility – Bioethics – Ethics – Epistemology & Philosophy of Science – Medical Ethics – Medicine – Philosophy – Philosophy of Medicine – Surgery
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