Kass to lead ES bioethics panel.
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Abstract Medicine has entered an era of high technology, accompanied by expensive investigation and management. Simultaneously, there is increasing recognition of the gap between the costs of medical technology and society's willingness to pay. It is debatable whether medicine recognizes that it is a hostage in thrall to the medical-industrial complex or whether it has wittingly entered the compact to pursue the high-cost, high-technology course. The situation is reminiscent of the events surrounding the kidnap of Patti Hearst - a wealthy heiress who was much later arrested with the gang of robbers. Whether she was hostage or willing accomplice still remains obscure. It is necessary that a body, such as the Cochrane Collaboration, pursues these issues in medicine.
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The Convention on Human Rights and Biomedicine confuses respect for a person's right to self-determination with concern about protecting human beings generally. In a legal document, this mixture of deontological with utilitarian considerations undermines what it should preserve: respect for human dignity as the foundation of modern rights-based democracies. Falling prey to the ambiguity of freedom, the Convention blurs the dividing line between morality and the law. The document should be remedied through distinguishing fundamental rights from social 'rights', persons as entitled to the right to self-determination from born humans as entitled to the right to life and from members of the human species as entitled to the morally responsible care of voting majorities. For the cultivating of the required responsibility, the conditions for an adequate public debate should be secured.
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Discussions in Germany regarding appropriate end-of-life decision-making have been heavily influenced by the liberalization of access to physician-assisted suicide and voluntary active euthanasia in the Netherlands and Belgium. These discussions disclose conflicting moral views regarding the propriety of physician-assisted suicide and euthanasia, threatening conflicts within not only the medical profession, but also the mainline churches in Germany, whose membership now entertains views regarding end-of-life decision-making at odds with traditional Christian doctrine. On the surface, there appears to be a broad consensus supporting the hospice movement and condemning physician-assisted suicide and euthanasia. The German Supreme Court has held that treatment decisions should, in absence of known patients' wishes, be made in light of commonly shared values, unless these violate the principle of "in dubio pro vita". The Roman Catholic church and the Evangelical Lutheran church in Germany have developed an advance directive for treatment choices at the end of life, while condemning physician-assisted suicide and euthanasia. This stance is in tension with the strong emerging support for physician-assisted suicide and euthanasia, a development that promises to open up foundational disagreements within mainline German Christianity regarding the appropriate approach to intentionally terminating human life.
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The traditional paradigm of medicine assumes that health is a natural given depending on a body's intrinsic teleology, and that medicine aims at restoring or preserving health, making a physician only an "assistant to nature." I argue that nowadays this paradigm is becoming obsolete, because the concept of health is no longer a "natural given" and interventions on the human body attempt not only to help nature's teleology, but also to change it whenever doing so can satisfy human needs and wants. We should abandon the term "medicine" and adopt the term "health care" to mark such an epoch-making transition, analogous to that marking the passage from "alchemy" to "chemistry."
The famous first aphorism of Hippocrates, "Life is short, the art is long" was long considered a perfect summary of medical ethics. Modern physicians find the words impossible to understand. But it can be interpreted as a fundamental insight into the ethical problems of modern medicine. The technology of modern scientific medicine can sustain life, even when life is losing its vitality. How should decisions be made about the use of technology and by whom? This is the incessant question of modern medical ethics.
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