Norm has an argument by Eve Garrard in favour of legalising
voluntary euthanasia, with strict controls. Go and read it, but in brief the
argument is this: voluntary euthanasia is justified in at least some cases;
legalisation might lead to undue pressure being placed on other people for whom
voluntary euthanasia is not justified, and who would not otherwise seek to end
their lives; resisting legalisation for the sake of this group involves
sacrificing the legitimate claims of those in the first group; such a sacrifice
should not be made, and the problem posed by the second group should be dealt
with by strong regulation rather than by an outright ban on voluntary
euthanasia.
The most obvious problem with this argument is that it takes
as axiomatic something which is in fact strongly contested, namely that
"There are good reasons for permitting some cases of voluntary euthanasia,
grounded in the desire to prevent terrible suffering, and respect for
autonomous choice". But for many people (not for me, admittedly, but
that's for another time), that does indeed go without saying, and so I'm more
interested in looking at the way the argument works later.
Garrard says that an outright ban on euthanasia for the sake
of the group of people who may otherwise be unduly influenced to end their own
lives involves "sacrificing" those whose suffering can't be relieved,
and who do really want to end their own lives. She says that sacrificing some
for the sake of others in this way is not something we normally permit in
healthcare.
There's an illicit argumentative move here, I think, and it's
in Garrard's use of the word "sacrifice". When we talk of someone
being "sacrificed", we normally mean that they are being killed for
the sake of some sort of greater good. But other things can be sacrificed -
given up for the sake of a greater good - too: aspirations, desires,
cigarettes, all sorts of things. Most would agree that even if the word
"sacrifice" is appropriate in both cases, sacrificing a person isn't
the same, or as serious, as sacrificing a desire. Banning euthanasia may
involve sacrificing the legitimate desires of a particular group of patients,
but it doesn't involve sacrificing those patients themselves; on the contrary,
it involves keeping them alive. The confusion between different uses of the
word "sacrifice" is what allows Garrard to say that in healthcare we
don't normally permit the sacrificing of some for the sake of others, and to
imply that banning euthanasia is inconsistent.
In any case, of course, sacrificing some for the sake of
others is something we permit in healthcare. Decisions about which patients to
treat first when resources are scarce, and about which life-saving but
expensive drugs to allow the NHS to prescribe, are made all the time. In those
cases, the decisions which are made may well result in the foreseeable deaths
of patients. A decision to legalise euthanasia would certainly result in the
foreseeable deaths of patients. Keeping euthanasia illegal would foreseeably result
in patients suffering, but not in their being sacrificed.
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