Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Sunday, March 27, 2016

A Concise History of Euthanasia: A Review

The history of euthanasia (in the West) is well served by University of Prince Edward Island historian Ian Dowbiggin.  The book is easy to read, but the topic is very difficult to deal with or write about, and this reviewer took a little step back before offering an assessment.   Towards the end of his book Dowbiggin tilts against euthanasia pointing to the potential for abuse, for example in the Netherlands, but we perhaps are getting ahead of ourselves.

Let us begin at the beginning: in ancient Greece and Rome euthanasia was accepted practice, and Dowbiggin suggests that the provision against euthanasia in the Hippocratic Oath “was a kind of protest against the frequency with which euthanasia was practiced.” [1] The brief assessment of this ethical code is questionable, and the Hippocratic Oath could have been discussed in terms of its many other provisions, as well.  But Dowbiggin does clearly explain the Christian reaction to euthanasia, using Saint Paul’s precept that followers be “obedient unto death” (Philippians 2:5-11).[2] Christians are supposed to consider Christ’s suffering on the cross worthy of emulation, and it provides believers with an opportunity with redemption.

Dowbiggin’s work is normally very concise and what follows his statements on the Christian era is a rapid-fire intellectual history of suicide, combined with periodic examples of tired prose: “as the century wore on”[3] …”as the eighteenth century came to a close”[4] …”as the nineteenth century drew to a close.”[5] It is almost as if Dowbiggin’s centuries are personages, due to die once their allotted time is up.  My other complaint is that judging from footnotes the book seems almost entirely derived from secondary sources.  The apparent absence of primary sources deprives the book to some extent of a certain literary richness.

The growing secularization of society, brought about in part by the eighteenth century Enlightenment and mid-nineteenth century Darwinism, had contributed much to the euthanasia movement, but not until it recovered from the experiences of Nazi Germany.  And it is worth noting that modern day Germany still has no euthanasia law.  The word “euthanasia” is also now so historically tainted that the movement could not get anywhere until the “right to die” term replaced it, notably beginning in the 1960’s.  Dowbiggin also discusses the path breaking (and underground) role AIDS had on euthanasia, as well as Karen Ann Quinlan, Dr. Kevorkian and a whole host of other events and personalities.

What he needs to articulate more consistently is the role the “60’s generation” had on the movement. And in an effort to examine the role of generational change, let us look to Canada’s Supreme Court decisions on the matter.  What happened between the Sue Rodriguez case of 1993 and the Kay Carter case in 2015?  In 1993 there was a Supreme Court split decision (5:4) against assisted suicide.  In 2015 it was a unanimously endorsed court decision in favour of assisted death under certain restricted circumstances.  Since Rodriguez the Canadian Charter of Rights and Freedoms had not altered, but there was something of a ‘sea change’ in so-called popular opinion, aided by the fact that the “60’s generation” got older – over two decades older.

The baby boomers which had originally asserted women’s rights, reproductive rights, civil rights (and much more) now – as they greyed - began asserting the right to die, either for themselves or for their parents.  Look to the ages of B.C.’s right to die champions: Sue Rodriguez was born in 1950, a boomer; Gloria Taylor was born in 1948, also a boomer.  And Kay Carter, who ended her life in Switzerland, was born in 1921; judging from her year of birth it is likely she was the parent to a boomer-age daughter.

If one looks to the ages of our Supreme Court Justices, almost all of them are boomers except the philosophically trained Chief Justice Beverley McLaughlin (who decided in favour of Sue Rodriguez in 1993) born in 1943, about 3 years too old to be an official boomer.  The youngest on the Supreme Court is Justice Russell Brown, born in 1965, definitely not a boomer, but I wonder if he would have been willing to be the only holdout against an otherwise unanimous decision.  There are three Justices from Quebec on Canada’s Supreme Court, and they are on the tail end of the boomer-age generation but they come from a highly secularized province (since the Quiet Revolution of the early 1960’s).[6]  Quebec already legalized doctor assisted death in 2014: if these Justices had ruled against euthanasia in the Kay Carter case they would have been out of step with their own home province.  In other words, the decision to legalize assisted death was already culturally more acceptable to the Supreme Court Justices – and to Canadians, regardless of the Charter of Rights and Freedoms as it has been interpreted.

But that does not mean it is right.  Many may argue that we have a made-in-Canada solution to problem with the 2015 decision and its restrictions, but euthanasia is open to abuse, and history demonstrates this, as does Dowbiggin in his brief book.  In the Netherlands for example children ages 12 and over can get euthanized with the approval of their parents.  And one can do it without parental consent from the age of 16 and older. [7]  But euthanasia in the Netherlands does not turn on terminal illness alone – there can be exclusive emotional reasons as well, which, it is important to note, can change over time, and with treatment.  In other words present-day euthanasia in the Netherlands amounts to a sort of business-like activity, and not all of it is above board.

In Canada a joint House of Commons-Senate committee has already spoken of broadening euthanasia to include all hospitals (regardless of faith basis), psychiatric cases and “mature” minors (16 years old and older) – highly irresponsible steps in the wrong direction.  Are we not now on that slippery slope?  Is not that popular consensus crystalized in the Supreme Court decision in itself now a form of arbitrary authority?  Or to put it another way: how can one court decision ‘change everything’ in our relationship with the medical profession - and is this healthy?  What if doctors resign from their positions - just one - and medical services become even more limited to the general public?

We see the generation that experimented with marijuana now brings us euthanasia, today known as the right to die.  More specifically the ideas of free “choice” and personal “autonomy” are hidden within a broader range of human rights even as they infringe on the public purse and medical ethics.  Put another way: ironic to the counter-culture generation of the 1960’s euthanasia threatens to become the latest incarnation of Margaret Thatcher’s claim that “there is no such thing as society”.  Instead each of us will soon be considered a little suicide abiding our time.




[1] Ian Dowbiggin, A Concise History of Euthanasia: Life, Death, God, Medicine (Toronto: Rowman & Littlefield Publishers, 2007), p. 11.
[2] Ibid., p. 14.
[3] Ibid., p. 29
[4] Ibid., p. 35.
[5] Ibid., p. 53
[6] Canada’s Supreme Court Justices from Quebec are: Richard Wagner (born in 1957), Clément Gascon (born in 1960) and Suzanne Côté (born in 1958).
[7] Dowbiggin, A Concise History of Ethanasia,  p. 143.

Saturday, March 19, 2016

Donald Trump and "Democracy in America"

The classic work Democracy in America (1835,1840) was originally published in multiple volumes by the French author and aristocrat, Alexis de Tocqueville, who made a nine-month trip to the United States in 1831.  It contains a wealth of insight, some of which is very pertinent, some less so.  Here is a glance through the text and its possible bearing on Donald Trump.

     Nowadays, one can say that the wealthy classes of United States society stand entirely outside politics and that wealth, far from being an advantage, has become a real source of unpopularity and an obstacle to the achievement of power.[1]

     In a country where education is almost universal, it is claimed that representatives of the people cannot always write correctly.[2]

     In the United States, except for slaves, servants, and the destitute fed by townships, everyone has the vote and this is an indirect contributor to law-making.  Anyone wishing to attack the law is thus reduced to adopting one of two obvious courses: they must either change the nation’s opinion or trample its wishes underfoot.[3]

     My main complaint against a democratic government as organized in the United States is not its weakness, as many Europeans claim, but rather its irresistible strength.  And what I find most repulsive in America is not the extreme freedom that prevails there but the shortage of any guarantee against tyranny.[4]

     I am not suggesting that, at the present time in America, there are frequent instances of tyranny, I am saying that no guarantee against tyranny is evident and that the causes of the mildness of the government should be sought more in circumstances and habits than in laws.[5]
_______________________________________________________
      
     But I think that if we fail to introduce and gradually set up democratic institutions in France, and that if we abandon the attempt to inspire all citizens with the ideas and feelings which first of all prepare them for freedom and consequently allow them to enjoy it, there will be no independence for anyone … but only equal tyranny for all; and I foresee that if we fail to establish among us the peaceful authority of the majority in time, sooner or later we shall arrive at the boundless power of one man.[6]



[1] Alexis de Tocqueville, Democracy in America and Two Essays on America, tr. Gerald E. Bevan, intro. by Isaac Kramnick (Toronto: Penguin, 2003), p. 208.
[2] Ibid., p. 233.
[3] Ibid., p. 281.
[4] Ibid., p. 294.
[5] Ibid., p. 296.
[6] Ibid., pp. 369, 370.





Saturday, March 5, 2016

Donald Trump American prestidigitator

I clearly recall that he passed from the card-tricks to parlour games – the kind based on certain powers which in human nature are higher or else lower than human reason: on intuition and ‘magnetic’ transmission; in short, upon a low type of manifestation.  What I do not remember is the precise order things came in.  And I will not bore you with a description of these experiments; everybody knows them, everybody has at one time or another taken part in this finding of hidden articles, this blind carrying out of a series of acts, directed by a force that proceeds from organism to organism by unexplored paths …. Cipolla moved with the bearing typical in these experiments: now groping upon a false start, now with a quick forward thrust, now pausing as though to listen and by sudden inspiration correcting his course. The roles seemed reversed, as the artist himself pointed out.  The suffering, receptive, performing part was now his, the will that he had imposed on others was shut out, he acted in obedience to a voiceless common will which was in the air.  But he made it perfectly clear that it all came to the same thing.  The capacity for self-surrender, he said, for becoming a tool, for the most unconditional and utter self-abnegation, was but the reverse side of that other power to will and to command.[1]

Thomas Mann, Mario and the Magician (1929)




[1] Thomas Mann, Mario and the Magician and Other Stories, tr. H.T. Lowe Porter (Harmondsworth, Middlesex: Penguin, 1975), pp. 140,141.

Tuesday, March 1, 2016

Doctor-assisted death: some more thoughts

It would almost seem as if physician-assisted dying has gone too far in Canada.  The recent Supreme Court ruling expects Parliament to put in writing what doctors have been doing all along, quietly in the most hopeless cases, where the patient’s condition is terminal and when suffering is great.  Our doctors are already known to “pull the plug” and stop the IV, with family consultation; and they abide by “living wills”. Now they are legally obliged to break with their ethics as found in the Hippocratic Oath: if said Doctor Y is disinclined to issue the fatal dose, now decriminalized, he must recommend Doctor Death, the one who will.  If a Catholic Hospital (such as St. Paul’s in Vancouver) has a suffering patient who wishes to die by assisted death, he or she will likely have to be transferred to a hospital that “specializes” in such forms of dying.  Where’s the dignity in that?

Do all hospitals, by virtue of the fact that they are publicly funded, at least in part, have to comply with assisted death?[1]  Is this not public intolerance of private morality and conscience? Just because it’s 2016 does it mean that individual choice should trump medical ethics? Can you imagine the toll over time placed on the doctors who dispense with death?  If one is already a number in the medical system what will it be when your number’s up? One also wonders what ethical grounding our young students entering medical school will now get.  Does one take a course on physician-assisted dying? Will it prevent people from becoming doctors? Will it prevent doctors from remaining in the medical profession? And as if that is not enough, now broader access to dying is being put forth.

A joint Commons-Senate committee has reported that people with mental illnesses or psychiatric conditions should have the right to Doctor-Assisted Death.  Dying with dignity is considered so important now that it trumps efforts toward life with dignity.  Is it not possible that the mentally ill would be less depressed if they were not reduced to poverty, that they would feel better about themselves if they could find regular employment, or if they had meaningful relationships.  Mental illness is not just about the right pill for the brain (which could come presumably at any time); treatment is also psycho-social, meaning there is a right to a life, too.  For the mentally ill the escape clause has always been suicide – now it’s becoming legal?

The same Parliamentary committee also urges that “mature minors” be allowed access to physician-assisted dying.  It’s the first time I have heard the term “mature minor”, and it sounds to me like a typical political oxymoron pushing the boundaries of common sense. Maybe there are not enough parents with teenage offspring on the committee? Not old enough to drink, drive, or get married minors who face terminal illness are now considered “mature” enough to decide on the means of their own demise.  The Committee has opened up this possibility for “mature minors” because it thinks the Supreme Court would legislate in favour of this anyway, following the Canadian Charter of Right and Freedoms.   I say: let the Supreme Court decide this – not Parliament without any meaningful test case, if one ever arises.   Instead of enhancing an individual’s right to choose I wonder if we are not now over-legislating death, which, as we all know, is a part of life.




[1] Raphael Girard, Letter to the Editor, Globe and Mail, February 29, 2016, p. A10