|
III. The Interests of the
Community as Justification of New Medical Methods of Research and Treatment.
20. For
the moral justification of the doctor's right to try new approaches, new
methods and procedures We invoke a third interest, the interest of the
community, of human society, the common good or "bonum commune," as
the philosopher and social student would say.
21. There
is no doubting the existence of such a common good. Nor can we question the
fact that it calls for and justifies further research. The two interests of
which We have already spoken, that of science and that of the patient, are
closely allied to the general interest.
22.
Nevertheless, for the third time we come back to the question: Is there any
moral limit to the "medical interests of the community" in content or
extension? Are there "full powers" over the living man in every
serious medical case? Does it raise barriers that are still valid in the
interests of science or the individual? Or, stated differently: Can public
authority, on which rests responsibility for the common good, give the doctor
the power to experiment on the individual in the interests of science and the
community in order to discover and try out new methods and procedures when
these experiments transgress the right of the individual to dispose of himself?
In the interests of the community, can public authority really limit or even
suppress the right of the individual over his body and life, his bodily and
psychic integrity?
23. To
forestall an objection, We assume that it is a question of serious research, of
honest efforts to promote the theory and practice of medicine, not of a
maneuver serving as a scientific pretext to mask other ends and achieve them
with impunity.
24. In
regard to these questions many people have been of the opinion and are still of
the opinion today, that the answer must be in the affirmative. To give weight
to their contention they cite the fact that the individual is subordinated to
the community, that the good of the individual must give way to the common good
and be sacrificed to it. They add that the sacrifice of an individual for
purposes of research and scientific investigation profits the individual in the
long run.
25. The
great postwar trials brought to light a terrifying number of documents
testifying to the sacrifice of the individual in the "medical interests of
the community." In the minutes of these trials one finds testimony and
reports showing how, with the consent and, at times, even under the formal
order of public authority, certain research centers systematically demanded to
be furnished with persons from concentration camps for their medical
experiments. One finds how they were delivered to such centers, so many men, so
many women, so many for one experiment, so many for another. There are reports
on the conduct and the results of such experiments, of the subjective and
objective symptoms observed during the different phases of the experiments. One
cannot read these reports without feeling a profound compassion for the
victims, many of whom went to their deaths, and without being frightened by
such an aberration of the human mind and heart. But We can also add that those
responsible for these atrocious deeds did no more than to reply in the
affirmative to the question We have asked and to accept the practical
consequences of their affirmation.
26. At
this point is the interest of the individual subordinated to the community's
medical interests, or is there here a transgression, perhaps in good faith,
against the most elementary demands of the natural law, a transgression that
permits no medical research?
27. One
would have to shut one's eyes to reality to believe that at the present time
one could find no one in the medical world to hold and defend the ideas that
gave rise to the facts We have cited. It is enough to follow for a short time
the reports on medical efforts and experiments to convince oneself of the
contrary. Involuntarily one asks oneself what has authorized, and what could
ever authorize, any doctor's daring to try such an experiment. The experiment
is described in all its stages and effects with calm objectivity. What is
verified and what is not is noted. But there is not a word on its moral
legality. Nevertheless, this question exists, and one cannot suppress it by
passing it over in silence.
28. In
the above mentioned cases, insofar as the moral justification of the
experiments rests on the mandate of public authority, and therefore on the
subordination of the individual to the community, of the individual's welfare
to the common welfare, it is based on an erroneous explanation of this
principle. It must be noted that, in his personal being, man is not finally
ordered to usefulness to society. On the contrary, the community exists for
man.
29. The
community is the great means intended by nature and God to regulate the
exchange of mutual needs and to aid each man to develop his personality fully
according to his individual and social abilities. Considered as a whole, the
community is not a physical unity subsisting in itself and its individual
members are not integral parts of it. Considered as a whole, the physical
organism of living beings, of plants, animals or man, has a unity subsisting in
itself. Each of the members, for example, the hand, the foot, the heart, the
eye, is an integral part destined by all its being to be inserted in the whole
organism. Outside the organism it has not, by its very nature, any sense, any
finality. It is wholly absorbed by the totality of the organism to which it is
attached.
30. In
the moral community and in every organism of a purely moral character, it is an
entirely different story. Here the whole has no unity subsisting in itself, but
a simple unity of finality and action. In the community individuals are merely
collaborators and instruments for the realization of the common end.
31. What
results as far as the physical organism is concerned? The master and user of
this organism, which possesses a subsisting unity, can dispose directly and
immediately of integral parts, members and organs within the scope of their
natural finality. He can also intervene, as often as and to the extent that the
good of the whole demands, to paralyze, destroy, mutilate and separate the
members. But, on the contrary, when the whole has only a unity of finality and
action, its head-in the present case, the public authority-doubtlessly holds
direct authority and the right to make demands upon the activities of the
parts, but in no case can it dispose of its physical being. Indeed, every direct
attempt upon its essence constitutes an abuse of the power of authority.
32. Now
medical experiments-the subject We are discussing here immediately and directly
affect the physical being, either of the whole or of the several organs, of the
human organism. But, by virtue of the principle We have cited, public authority
has no power in this sphere. It cannot, therefore, pass it on to research
workers and doctors. It is from the State, however, that the doctor must
receive authorization when he acts upon the organism of the individual in the
"interests of the community." For then he does not act as a private
individual, but as a mandatory of the public power. The latter cannot, however,
pass on a right that it does not possess, save in the case already mentioned
when it acts as a deputy, as the legal representative of a minor for as long as
he cannot make his own decisions, of a person of feeble mind or of a lunatic.
33. Even
when it is a question of the execution of a condemned man, the State does not
dispose of the individual's right to life. In this case it is reserved to the
public power to deprive the condemned person of the enjoyment of life in
expiation of his crime when, by his crime, he has already disposed himself of
his right to live.
34. We cannot
refrain from explaining once more the point treated in this third part in the
light of the principle to which one customarily appeals in like cases. We mean
the principle of totality. This principle asserts that the part exists for the
whole and that, consequently, the good of the part remains subordinated to the
good of the whole, that the whole is a determining factor for the part and can
dispose of it in its own interest. This principle flows from the essence of
ideas and things and must, therefore, have an absolute value.
35. We
respect the principle of totality in itself but, in order to be able to apply
it correctly, one must always explain certain premises first. The basic premise
is that of clarifying the quaestio facto, the question of fact. Are the
objects to which the principle is applied in the relation of a whole to its
parts? A second premise is the clarification of the nature, extension and
limitation of this relationship. Is it on the level of essence or merely on
that of action, or on both? Does it apply to the part under a certain aspect or
in all its relations? And, in the field where it applies, does it absorb the
part completely or still leave it a limited finality, a limited independence?
The answers to these questions can never be inferred from the principle of
totality itself. That would be a vicious circle. They must be drawn from other
facts and other knowledge. The principle of totality itself affirms only this:
where the relationship of a whole to its part holds good, and in the exact
measure it holds good, the part is subordinated to the whole and the whole, in
its own interest, can dispose of the part. Too often, unfortunately, in
invoking the principle of totality, people leave these considerations aside,
not only in the field of theoretical study and the field of application of law,
sociology, physics, biology and medicine, but also of logic, psychology and
metaphysics.
36. Our
plan was to draw your attention to certain principles of deontology which
define the limits and confines of research and experimentation in regard to new
medical methods to be immediately applied to living men.
37. In
the domain of your science it is an obvious law that the application of new
methods to living men must be preceded by research on cadavers or the model of
study and experimentation on animals. Sometimes, however, this procedure is
found to be impossible, insufficient or not feasible from a practical point of
view. In this case, medical research will try to work on its immediate object, the
living man, in the interests of science, in the interests of the patient and in
the interests of the community. Such a procedure is not to be rejected without
further consideration. But you must stop at the limits laid down by the moral
principles We have explained.
38.
Without doubt, before giving moral authorization to the use of new methods, one
cannot ask that any danger or any risk be excluded. That would exceed human
possibilities, paralyze all serious scientific research and very frequently be
to the detriment of the patient. In these cases the weighing of the danger must
be left to the judgment of the tried and competent doctor. Nevertheless, as Our
explanation has shown, there is a degree of danger that morality cannot allow.
In doubtful cases, when means already known have failed, it may happen that a
new method still insufficiently tried offers, together with very dangerous
elements, appreciable chances of success. If the patient gives his consent, the
use of the procedure in question is licit. But this way of acting cannot be
upheld as a line of conduct in normal cases.
39.
People will perhaps object that the ideas set forth here present a serious
obstacle to scientific research and work. Nevertheless, the limits We have
outlined are not by definition an obstacle to progress. The field of medicine
cannot be different in this respect from other fields of man's research,
investigations and work. The great moral demands force the impetuous flow of
human thought and will to flow, like water from the mountains, into certain
channels. They contain the flow to increase its efficiency and usefulness. They
dam it so that it does not overflow and cause ravages that can never be
compensated for by the special good it seeks. In appearance, moral demands are a
brake. In fact, they contribute to the best and most beautiful of what man has
produced for science, the individual and the community.
40. May Almighty
God in His benevolent Providence give you His blessing and grace to this end.
|