|
II. The Interests of the
Patient as Justification of New Medical Methods of Research and Treatment.
10. In
this connection, the basic considerations may be set out in the following form:
"The medical treatment of the patient demands taking a certain step. This
in itself proves its moral legality." Or else: "A certain new method
hitherto neglected or little used will give possible, probable or sure results.
All ethical considerations as to the licitness of this method are obsolete and
should be treated as pointless."
11. How
can anyone fail to see that in these statements truth and falsehood are
intermingled? In a very large number of cases the "interests of the
patient" do provide the moral justification of the doctor's conduct. Here
again, the question concerns the absolute value of this principle. Does it
prove by itself, does it make it evident that what the doctor wants to do
conforms to the moral law?
12. In
the first place it must be assumed that, as a private person, the doctor can
take no measure or try no course of action without the consent of the patient.
The doctor has no other rights or power over the patient than those which the
latter gives him, explicitly or implicitly and tacitly. On his side, the
patient cannot confer rights he does not possess. In this discussion the
decisive point is the moral licitness of the right a patient has to dispose of
himself. Here is the moral limit to the doctor's action taken with the consent
of the patient.
13. As
for the patient, he is not absolute master of himself, of his body or of his
soul. He cannot, therefore, freely dispose of himself as he pleases. Even the
reason for which he acts is of itself neither sufficient nor determining. The
patient is bound to the immanent teleology laid down by nature. He has the
right of use, limited by natural finality, of the faculties and powers of his
human nature. Because he is a user and not a proprietor, he does not have
unlimited power to destroy or mutilate his body and its functions.
Nevertheless, by virtue of the principle of totality, by virtue of his right to
use the services of his organism as a whole, the patient can allow individual
parts to be destroyed or mutilated when and to the extent necessary for the
good of his being as a whole. He may do so to ensure his being's existence and
to avoid or, naturally, to repair serious and lasting damage which cannot
otherwise be avoided or repaired.
14. The
patient, then, has no right to involve his physical or psychic integrity in
medical experiments or research when they entail serious destruction,
mutilation, wounds or perils.
15.
Moreover, in exercising his right to dispose of himself, his faculties and his
organs, the individual must observe the hierarchy of the orders of values-or
within a single order of values, the hierarchy of particular rights -insofar as
the rules of morality demand. Thus, for example, a man cannot perform on
himself or allow doctors to perform acts of a physical or somatic nature which
doubtless relieve heavy physical or psychic burdens or infirmities, but which
bring about at the same time permanent abolition or considerable and durable
diminution of his freedom, that is, of his human personality in its typical and
characteristic function. Such an act degrades a man to the level of a being
reacting only to acquired reflexes or to a living automation. The moral law
does not allow such a reversal of values. Here it sets up its limits to the
"medical interests of the patient."
16. Here
is another example. In order to rid himself of repressions, inhibitions or
psychic complexes man is not free to arouse in himself for therapeutic purposes
each and every appetite of a sexual order which is being excited or has been
excited in his being, appetites whose impure waves flood his unconscious or
subconscious mind. He cannot make them the object of his thoughts and fully
conscious desires with all the shocks and repercussions such a process entails.
For a man and a Christian there is a law of integrity and personal purity, of
self-respect, forbidding him to plunge so deeply into the world of sexual
suggestions and tendencies. Here the "medical and psychotherapeutic
interests of the patient" find a moral limit. It is not proved-it is, in
fact, incorrect-that the pansexual method of a certain school of psychoanalysis
is an indispensable integrating part of all psychotherapy which is serious and
worthy of the name. It is not proved that past neglect of this method has
caused grave psychic damage, errors in doctrine and application in education,
in psychotherapy and still less in pastoral practice. It is not proved that it
is urgent to fill this gap and to initiate all those interested in psychic
questions in its key ideas and even, if necessary, in the practical application
of this technique of sexuality.
17. We
speak this way because today these assertions are too often made with apodictic
assurance. Where instincts are concerned it would be better to pay more
attention to indirect treatment and to the action of the conscious psyche on
the whole of imaginative and affective activity. This technique avoids the
deviations We have mentioned. It tends to enlighten, cure and guide; it also
influences the dynamic of sexuality, on which people insist so much and which
they say is to be found, or really exists, in the unconscious or subconscious.
18. Up to
now We have spoken directly of the patient, not of the doctor. We have
explained at what point the personal right of the patient to dispose of
himself, his mind, his body, his faculties, organs and functions, meets a moral
limit. But at the same time We have answered the question: Where does the
doctor find a moral limit in research into and use of new methods and
procedures in the "interests of the patient?" The limit is the same
as that for the patient. It is that which is fixed by the judgment of sound
reason, which is set by the demands of the natural moral law, which is deduced
from the natural teleology inscribed in beings and from the scale of values
expressed by the nature of things. The limit is the same for the doctor as for
the patient because, as We have already said, the doctor as a private
individual disposes only of the rights given him by the patient and because the
patient can give only what he himself possesses.
19. What
We say here must be extended to the legal representatives of the person
incapable of caring for himself and his affairs: children below the age of
reason, the feebleminded and the insane. These legal representatives,
authorized by private decision or by public authority have no other rights over
the body and life of those they represent than those people would have
themselves if they were capable. And they have those rights to the same extent.
They cannot, therefore, give the doctor permission to dispose of them outside
those limits.
|