MEDICAL ETHICS
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massive social realignment was underway under
the auspices of a renewed commitment to civil and
human rights. Focused upon various forms of pa-
ternalism, particularly heated debates about in-
formed consent for therapy, protection of subjects
enrolled in human research, and recourse to med-
ical malpractice, stimulated both a reexamination of
the ethics underlying these issues as well as a more
general discussion of medicine’s moral philosophy
and legal standing (Rothman 1991; Jonsen 1995).
Soon, medical ethics became a formal discipline,
replete with institutes, journals, books, conferences,
and professionals devoted to what had heretofore
been a subject reserved for religious contemplation.
Definitions and distinctions
Medical ethics may be defined as the discourse that
seeks to define moral guidelines for the care of pa-
tients. Within this discipline, a distinction must be
drawn between judicial medical ethics and philo-
sophical medical ethics. In the former, medical
ethics comprises rules or procedures established
by governing agencies and the courts meant to
guide decision-making in difficult areas like abor-
tion, for example, or the involuntary commitment
of a psychotic patient. In this context, medical
ethics implicitly informs the legal directives, and
“risk management,” the distillation of this dis-
course, defines the procedures hospitals and
health care professionals follow to minimize their
legal liability. On the other hand, philosophical
medical ethics has no proscribed rules, only a tra-
dition of offering philosophical or theological per-
spectives to ethical dilemmas and proposing possi-
ble answers. Thus, diverse matters ranging from
informed consent to end of life issues to new tech-
nological opportunities (e.g., artificial insemina-
tion) may be addressed at these two levels, the ju-
dicial and the philosophical: What, on the basis of
the law, is the correct procedure for dealing with a
clinical predicament? or, alternatively, What are the
secular ethical or religious principles that offer
ways of thinking about a morally ambiguous prob-
lem? Judicial medical ethics—practical instructions,
rules, regulations, contracts, and ultimately the
law—may be distilled from such philosophical de-
liberations, and these, together with judicial prece-
dent and political considerations ultimately result
in accepted practice. In short, although the law is
the final arbiter of practice, philosophical ideas im-
pact on the shape of social policy.
This entry will consider “medical ethics” solely
in its philosophical mode. It is around this topic
that one can most clearly discern how theologians,
poised and ready to participate in a discourse they
had already developed for their own purposes,
offer insights (and ideologies) from their rich intel-
lectual and religious heritage in order to influence
the development of contemporary judicial and
philosophical medical ethics (Lammers and Verhay
1987; Verhay and Lammers 1993; Camenisch 1994).
The competition of moral principles
Medicine reflects broad social values, and Ameri-
can multiculturalism has demanded a mixture of
ethical precepts from diverse sources. In the end,
citizens live together under a common law, one
that seeks to satisfy the pluralistic demands of
contemporary life and still remain faithful to
the older core of foundational principles. Since
at least World War II, America has developed a
rights-based culture that endeavors to respect
the autonomy of its citizens and thereby to en-
hance their ability to enjoy life’s pursuits offered by
the opportunities afforded by civil equality and
respect for differences in religion, race, sexual ori-
entation, and a whole host of differentiating char-
acteristics (Sandel 1995). American medicine has
been caught in this vast social experiment stimu-
lated by cultural diversity and unified by constitu-
tional law.
So when medical ethicists ponder, “Under what
circumstances are particular ethical responses
evoked?” or “What are the ethical implications of
those ethical choices?” their answers draw upon
a complex array of moral principles forged together
from various religious traditions and secular moral
philosophies. Given the current dominant legal and
political culture based upon the protection of indi-
vidual rights, autonomy as a governing philosophi-
cal principle has been prioritized in medical ethics.
For, as noted above, in the process of deliberating
medical ethics, philosophers consider the practical
application of their studies, and these are, in a
sense, over-determined by legal interpretation, one
focused on rights. Thus, in the judicial context,
medical ethics is like a lopsided table with five legs:
Although autonomy, beneficence, justice, utilitari-
anism, and non-malfeasance each claim considera-
tion, autonomy usually trumps other contenders
(Beauchamp and Childress 2001). This dominance