Abstract
In this chapter, we seek to offer a fresh perspective on whether or not doctors should be “licensed to kill”. As that phrase indicates, we metaphorically refer to the adventures of fictional spy James Bond, although we hope, in doing so, that readers will not think that we are belittling the serious topic with which the chapter is concerned. Having surveyed some of the familiar arguments for and against allowing medically-assisted dying, we advance a new proposal, which seeks to strike a compromise between such arguments. Our exploratory model builds on an analogy with armed response police units as they operate in England, and specifically with situations in which such officers are found to have killed someone in the course of their duties. Rather than confer immunity prospectively (as proponents of assisted dying often seek) or deny immunity completely (as opponents insist), our policy would provide a potential retrospective excuse.
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Notes
- 1.
- 2.
- 3.
E.g. the recent English ruling in R (on the application of Nicklinson and another) (2014).
- 4.
- 5.
For an overview of some of these laws, see Lewis and Black (2012).
- 6.
Sometimes proponents will point to dignity as a basis for respecting individual choice, but critics suspect that these efforts are equally misconceived (Foster 2011).
- 7.
For (critical) discussion of the disability rights perspective, see Ouellette (2006).
- 8.
Campbell (2006).
- 9.
- 10.
See similarly Burt (2005) on ambivalence.
- 11.
Our primary sources for this section are: Association of Chief Police Officers, Association of Chief Police Officers in Scotland, and National Policing Improvement Agency (2011), Accessed 15th Aug 2014, 1001 GMT. and UK Police Firearms Officers Association (see PFOA. Post Shooting Procedures (2015), Accessed 14th Aug 2014, 10:57 GMT). We would also like to acknowledge and thank M, otherwise known as Martin Cooper, who gave us invaluable advice on this section. Any mistakes are, of course, our own.
- 12.
Association of Chief Police Officers, Association of Chief Police Officers in Scotland, and National Policing Improvement Agency (2011), Accessed 15th Aug 2014, 1001 GMT. S2.43, p. 35.
- 13.
The practice might also remain rare because, as Stevens’ (2006) research reveals, many doctors who have assisted in dying “are adversely affected emotionally and psychologically by their experiences.”
- 14.
We are grateful to Genevieve Liveley, whose golden eye spotted this potential slope.
- 15.
Kevorkian is not the only ‘maverick’ of this kind; other examples include the Australian Dr. Philip Nitschke, and, in the UK, Michael Irwin, as well as Nicholas Reed and (self-appointed) “Dr” Lyons. In the 1980s, the latter pair had collaborated in a clandestine assistance-in-dying service, before they were discovered and convicted: see e.g. Huxtable (2007: 55–57, 78).
- 16.
Harold Shipman was a UK family doctor who, in 2000, was found guilty of murdering 15 of his patients. The subsequent judicial inquiry, examining nearly 500 of his patient’s deaths, found that he had killed 215 of his patients in total, the majority of whom were elderly women. See Smith (2002), 0917 GMT.
References
Anonymous. 1988. A piece of my mind. JAMA 259: 272.
Association of Chief Police Officers, Association of Chief Police Officers in Scotland, and National Policing Improvement Agency. 2011. Manual of guidance on the management, command, and deployment of armed officers, third edition. http://www.acpo.police.uk/documents/uniformed/2011/201111MCDofAO3.pdf.
Austin, J.L. 1956. A plea for excuses. Proceedings of the Aristotelian Society 57: 1–30.
Beauchamp, Tom L., and Arnold I. Davidson. 1979. The definition of euthanasia. Journal of Medicine and Philosophy 4: 294–312.
Beyleveld, Deryck, and Roger Brownsword. 2001. Human dignity in bioethics and biolaw. Oxford: Oxford University Press.
Biggs, Hazel. 1998. ‘I don’t want to be a burden!’ A feminist reflects on women’s experiences of death and dying. In Feminist perspectives on health care law, ed. Sally Sheldon, and Michael Thomson, 279–295. London: Cavendish.
Brazier, Margaret. 1996. Euthanasia and the law. British Medical Bulletin 52: 317–325.
Burt, Robert A. 2005. The end of autonomy. Hastings Center Report, Special Report 35: s9–s13.
Campbell, Martin. dir. 2006. Casino Royale [film]. UK: EON Productions.
Commission on Assisted Dying. 2011. The current legal status of assisted dying is inadequate and incoherent. London: Demos.
De Haan, Jurriaan. 2002. The ethics of euthanasia: Advocates’ perspectives. Bioethics 16: 154–172.
Donchin, Anne. 2001. Understanding autonomy relationally: Toward a reconfiguration of bioethical principles. Journal of Medicine and Philosophy 26: 365–386.
Downie, Jocelyn. 2000. The contested lessons of euthanasia in the Netherlands. Health Law Journal 8: 119–139.
Doyal, Len. 2006. Dignity in dying should include the legalisation of non-voluntary euthanasia. Clinical Ethics 1: 65–67.
Dworkin, Ronald. 1993. Life’s dominion: An argument about abortion and euthanasia. London: Harper Collins Publishers.
Foster, Charles. 2011. Human dignity in bioethics and law. Oxford: Hart.
Gaylin, Willard, Leon R. Kass, Edmund D. Pellegrino, and Mark Siegler. 1998. Doctors must not kill. JAMA 259: 2139–2140.
Gillett, Grant. 1988. Euthanasia, letting die and the pause. Journal of Medical Ethics 14: 61–67.
Gillon, Raanan. 2003. Ethics needs principles—four can encompass the rest—and respect for autonomy should be “first among equals”. Journal of Medical Ethics 29: 307–312.
Hagelin, Joakim, Tore Nilstun, Jann Hau, and Hans-Erik Carlsson. 2004. Surveys on attitudes towards legalisation of euthanasia: Importance of question phrasing. Journal of Medical Ethics 30: 521–523.
Halliday, Robert. 1997. Medical futility and the social context. Journal of Medical Ethics 23: 148–153.
Harris, John. 1997. Euthanasia and the value of life. In Euthanasia examined: Ethical, clinical and legal perspectives, ed. John Keown, 6–22. Cambridge: Cambridge University Press.
Holm, Sören. 2010. Euthanasia: Agreeing to disagree? Medicine, Health Care and Philosophy 13: 399–402.
Huxtable, Richard. 2007. Euthanasia, ethics and the law: From conflict to compromise. London: Routledge-Cavendish.
Huxtable, Richard. 2012. Law, ethics and compromise at the limits of life: To treat or not to treat?. Abingdon: Routledge.
Huxtable, Richard, and Maaike Möller. 2007. “Setting a principled boundary”? Euthanasia as a response to ‘life fatigue’. Bioethics 21: 117–126.
Huxtable Richard. and Mullock, Alexandra. 2015. ‘Voices of discontent? Conscience, compromise, and assisted dying’. Medical Law Review, 23: 242–262.
Ives, Jonathan. 2014. A method of reflexive balancing in a pragmatic, interdisciplinary and reflexive bioethics. Bioethics 28: 302–312.
Kass, Leonard R. 1975. Regarding the end of medicine and the pursuit of health. Public Interest 40: 11.
Keown, John. 2002. Euthanasia, ethics and public policy: An argument against legalization. Cambridge: Cambridge University Press.
Kuhse, Helga. 1987. The sanctity-of-life doctrine in medicine: A critique. Oxford: Clarendon Press.
Lewis, Penney, and Isra Black. 2012. The effectiveness of legal safeguards in jurisdictions that allow assisted dying. London: Demos.
Manninen, Bertha A. 2006. A case for justified non-voluntary active euthanasia: Exploring the ethics of the Groningen protocol. Journal of Medical Ethics 32: 643–651.
Miller, Franklin G., and Howard Brody. 1995. Professional integrity and physician-assisted death. Hastings Center Report 25: 8–17.
Momeyer, Richard. 1995. Does physician assisted suicide violate the integrity of medicine? Journal of Medicine and Philosophy 20: 13–24.
Ost, Suzanne. 2010. The de-medicalisation of assisted dying: Is a less medicalised model the way forward? Medical Law Review 18: 497–540.
Ouellette, Alicia. 2006. Disability and the end of life. Oregon Law Review 85: 123–182.
Parker, Malcolm. 2005. End games: Euthanasia under interminable scrutiny. Bioethics 19: 523–536.
Pellegrino, Edmund D. 2001. The internal morality of clinical medicine: A paradigm for the ethics of the helping and healing professions. Journal of Medicine and Philosophy 26: 559–579.
Rachels, James. 1986. The end of life: Euthanasia and morality. Oxford: Oxford University Press.
Rachels, James. 1993. Euthanasia, in T. Regan, ed. Matters of life and death: new introductory essays in moral philosophy, 30–68, New York: McGraw Hill.
Saunders, Peter. 2014. Support for UK assisted dying bill plummets to 43 % after hearing opposing arguments. http://www.lifesitenews.com/pulse/support-for-uk-assisted-dying-bill-plummets-to-43-after-hearing-opposing-ar. Accessed 29 Apr 2015.
Siegel, Andrew M., Dominic A. Sisti, and Arthur L. Caplan. 2014. Pediatric euthanasia in Belgium: Disturbing developments. JAMA 311: 1963–1964.
Singer, Peter. 1993. Practical ethics, 2nd ed. Cambridge: Cambridge University Press.
Smith, Stephen W. 2005. Fallacies of the logical slippery slope in the debate on physician-assisted suicide and euthanasia. Medical Law Review 13: 224–243.
Smith, Dame J. (2002). The shipman enquiry—first report: Death disguised. The National archives.http://webarchive.nationalarchives.gov.uk/20090808154959/http://www.the-shipman-inquiry.org.uk/home.asp . Accessed 15 Aug 2014.
Stevens Jr, Kenneth R. 2006. Emotional and psychological effects of physician-assisted suicide and euthanasia on participating physicians. Issues in Law and Medicine 21: 187–200.
UK Police Firearms Officers Association (PFOA), n.d. Post-shooting procedures. 2015. https://www.pfoa.co.uk/211/post-shooting-procedures. Accessed 29 Apr 2015.
Varelius, Jukka. 2007. Illness, suffering and voluntary euthanasia. Bioethics 21: 75–83.
Van Willigenburg, Theo. 2000. Moral compromises, moral integrity and the indeterminacy of value rankings. Ethical Theory and Moral Practice 3: 385–404.
van Zyl, Liezl. 2000. Death and compassion: A virtue-based approach to euthanasia. Aldershot: Ashgate.
Velleman, David J. 1992. Against the right to die. Journal of Medicine and Philosophy 17: 665–681.
Williams, Glanville. 1969. Euthanasia legislation: A rejoinder to the non-religious objections. In Euthanasia and the right to death: The case for voluntary euthanasia, ed. A.B. Downing, 134–147. London: Peter Owen.
Wreen, Michael. 1998. The definition of euthanasia. Philosophy and Phenomenological Research 48: 637–653.
Court Cases and Rulings
R (on the application of Nicklinson and another) v Ministry of Justice; R (on the application of AM) v The Director of Public Prosecutions [2014] UKSC 38.
Laws and Legislation
UK, House of Lords Select Committee (2005). Assisted Dying for the Terminally Ill Bill [HL], Volume I – Report, HL Paper 86-I, London: Her Majesty’s Stationery Office, 125–127.
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Huxtable, R., Ives, J. (2015). License to Kill: A New Model for Excusing Medically Assisted Dying?. In: Cholbi, M., Varelius, J. (eds) New Directions in the Ethics of Assisted Suicide and Euthanasia. International Library of Ethics, Law, and the New Medicine, vol 64. Springer, Cham. https://doi.org/10.1007/978-3-319-22050-5_9
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