1 00:00:00,600 --> 00:00:08,190 Before getting to the topic of euthanasia. However, let me briefly talk about religious secular exchange more generally. 2 00:00:08,850 --> 00:00:16,679 And for those of you that were at that event last night, I hope you're not too annoyed to hear this again because as you probably know, 3 00:00:16,680 --> 00:00:25,980 in America we have both robust religious and robust secular discourses and we both try to work things out in our public spheres. 4 00:00:27,390 --> 00:00:31,680 I come to these discussions specifically as a Christian ethicists, Catholic ethicist, 5 00:00:32,430 --> 00:00:37,890 who wants to speak on some of the most controversial issues in bioethics and ethics more generally. 6 00:00:39,090 --> 00:00:42,720 Some of my colleagues are very pessimistic about the possibility of such interaction. 7 00:00:42,870 --> 00:00:49,080 And with good reason, we are now more polarised in the United States than at any time since our civil war. 8 00:00:50,040 --> 00:00:54,210 And divides between secular and religious folks play a large part in this polarisation. 9 00:00:55,230 --> 00:01:03,090 But I'm actually more hopeful than many about this, especially given my recent interactions with Peter Singer, who helped teach Julian. 10 00:01:03,090 --> 00:01:11,610 Though Julian is moving away from Singer's news at the moment, I think I've debated Peter and lectured in his classes at Princeton. 11 00:01:11,940 --> 00:01:17,880 Last year he came to my own doctoral bioethics seminar at Fordham and came to dinner with some of us afterwards. 12 00:01:18,990 --> 00:01:24,120 We planned a major international conference together at Princeton, trying to find new ways to think and speak about abortion. 13 00:01:24,750 --> 00:01:28,260 And next month, he will join a panel a panel at Fordham that I'm putting together, 14 00:01:28,650 --> 00:01:32,520 which puts him in conversation with a diverse group of Christian theologians to think 15 00:01:32,520 --> 00:01:37,780 differently about non-human animals on the basis of these and other experiences. 16 00:01:37,800 --> 00:01:43,770 I want to argue that religious and secular discourse, something that is the overview of these two debates, 17 00:01:44,190 --> 00:01:47,550 can go much, much better if the following three things can happen. 18 00:01:48,540 --> 00:01:53,460 First, religious folks need to acknowledge the critique that often comes from secular folks, 19 00:01:54,150 --> 00:01:57,720 that our arguments rest on first principles for which we do not have arguments. 20 00:01:58,200 --> 00:02:01,230 They simply grab or claim us by some kind of authority. 21 00:02:01,380 --> 00:02:07,770 They're based on faith. Second, secular folks need to acknowledge the critique that often comes from theologians, 22 00:02:08,010 --> 00:02:12,120 that their arguments also rest on first principles for which they do not have arguments. 23 00:02:12,600 --> 00:02:20,400 They also simply grab or claim them by some sort of authority, whether it is the utilitarian dogma that one counts as one and none more than one, 24 00:02:20,910 --> 00:02:24,000 or the supreme libertarian doctrine of personal freedom and autonomy, 25 00:02:24,540 --> 00:02:28,620 or even general claims about our capacity to recognise flourishing and well-being. 26 00:02:28,950 --> 00:02:33,540 These ideas come from a fundamental understanding of the good for which there simply cannot be arguments. 27 00:02:33,960 --> 00:02:38,160 They come from a narrative, a story, an intuition or other, a play or a commitment. 28 00:02:38,190 --> 00:02:40,170 In short, they are also based on faith. 29 00:02:42,030 --> 00:02:46,710 Third, armed with the knowledge that both religious and secular folks have faith based understandings of the good, 30 00:02:47,460 --> 00:02:53,640 we need to take the time in intellectual solidarity with each other to map all the places where we agree and where we disagree. 31 00:02:54,270 --> 00:02:57,240 We will often find, I believe, that the agreement is quite substantial, 32 00:02:57,510 --> 00:03:03,120 in particular because even in the secular West I would argue that our understandings of the good are totally, 33 00:03:03,600 --> 00:03:07,080 totally free, strong, significantly indebted to the Abrahamic religions. 34 00:03:08,610 --> 00:03:15,420 This is especially promising methodology in my view anyway, when we can work to find similar ways to talk about flourishing and well-being. 35 00:03:15,870 --> 00:03:18,779 And Julie and I are working on a paper they were trying to write together at the moment. 36 00:03:18,780 --> 00:03:22,800 We're going to get together on Monday to talk about to try to do precisely this. 37 00:03:23,010 --> 00:03:23,579 At any rate, 38 00:03:23,580 --> 00:03:31,020 I found precisely the kind of substantial agreement I just talked about in my systematic exploration of Peter Singer and Christian ethics. 39 00:03:31,620 --> 00:03:35,730 In some ways, it is sad that the series will be focusing only on abortion and euthanasia, 40 00:03:36,150 --> 00:03:40,650 because even though there is broad overlap in the premises of arguments with regard to these issues, 41 00:03:41,040 --> 00:03:47,909 and the ultimate conclusions are of course quite different. But on ethical issues like concern for non-human animals and poverty, for instance, 42 00:03:47,910 --> 00:03:52,560 the striking overlap is both with regard to premises and with regard to conclusions. 43 00:03:53,580 --> 00:04:04,350 But let's turn to euthanasia. We have people that study US bioethics have a saying which only a few of you will get here about the use anyway. 44 00:04:04,950 --> 00:04:07,830 Abortion is the bowling ball on the mattress of bioethics. 45 00:04:08,880 --> 00:04:13,440 This American idiom is difficult to understand unless you watch American television commercials for mattresses. 46 00:04:14,010 --> 00:04:23,220 But the basic idea is that our abortion discourse is a muddled mess that prohibits productive discussion against other of other bioethical issues. 47 00:04:23,550 --> 00:04:28,560 This, I would argue, is especially true of euthanasia and of end of life issues in several ways. 48 00:04:29,100 --> 00:04:32,820 People on multiple sides of the abortion debate, some of which we talked about last night, 49 00:04:34,080 --> 00:04:37,800 bring their more fundamental views about abortion into the euthanasia debate. 50 00:04:38,610 --> 00:04:45,840 And what is actually going on often is a sort of proxy battle in the war over abortion, but fight on the terrain of the issue of euthanasia. 51 00:04:46,530 --> 00:04:53,190 And though there is some overlap and we'll talk about that today, I find that this causes tremendous confusion in the debate over euthanasia. 52 00:04:53,880 --> 00:04:59,070 And I hope I can use my remarks to help unpack some of that confusion or what I see to be that confusion. 53 00:05:00,240 --> 00:05:07,559 In my bioethics courses, I divide the readings that I give my students into three different families of issues general issues, 54 00:05:07,560 --> 00:05:12,060 moral status and value for one to killing and treatment. 55 00:05:12,360 --> 00:05:16,830 And three, moving from moral claims to prudential judgement judgements about public policy. 56 00:05:17,700 --> 00:05:23,370 My experience is that many, if not most, of the problems that are euthanasia discourse come from confusion about which 57 00:05:23,370 --> 00:05:27,060 of these three issues has priority or even which is under discussion at all. 58 00:05:27,090 --> 00:05:30,390 Often we talk past each other, talking about one but not the other. 59 00:05:31,860 --> 00:05:39,540 So I will divide my remarks on euthanasia such that I can treat each of these issues separately and hopefully avoid at least some of this confusion. 60 00:05:39,840 --> 00:05:45,810 So moral status and value. That's the foundational set of claims that sets up everything else, it seems to me. 61 00:05:46,260 --> 00:05:50,640 If the patient we are considering is not a person of being with intrinsic value and a right to life, 62 00:05:50,970 --> 00:05:55,530 then discussions about reasons why we may or may not aim at her death will be very 63 00:05:55,530 --> 00:05:59,280 different from discussions in which we claim that she is considered to be a person. 64 00:05:59,310 --> 00:06:03,510 Right. And here the discussion from last night about abortion does loom large. 65 00:06:04,140 --> 00:06:09,780 And part of the reason why the abortion debate has infected the euthanasia debate in my own view. 66 00:06:10,800 --> 00:06:12,540 Again, building off the discussion last night, 67 00:06:13,050 --> 00:06:21,300 all beings which have a rational nature count as persons and accidental traits which limit their ability to express their rational nature. 68 00:06:22,680 --> 00:06:28,710 Do not change this moral status at all. Examples of such such accidental traits include immaturity. 69 00:06:28,860 --> 00:06:37,770 In the case of embryos, foetuses and infants intoxication, temporary unconsciousness, mental illness, disability or injury. 70 00:06:39,180 --> 00:06:46,410 Such states of affairs do not change the kinds of things that persons are, not change their persistence through time or personal identity. 71 00:06:47,340 --> 00:06:52,440 They are not what I referred to last night. These are not what I referred to last night as nature changing events. 72 00:06:53,670 --> 00:06:59,610 Therefore, when we consider classic cases at the end of life like persistent vegetative state or persistent unconscious state, 73 00:06:59,610 --> 00:07:03,660 I prefer deep and long term coma and even brain death. 74 00:07:04,200 --> 00:07:07,710 These patients should all count as persons since they have rational natures. 75 00:07:08,010 --> 00:07:14,500 They remain living though damaged beings who have all the inherent active potential to be rational and relational. 76 00:07:15,420 --> 00:07:22,920 Rational and relational are coterminous in a lot of Catholic tradition, and it is merely first, they are merely frustrated. 77 00:07:22,920 --> 00:07:25,770 This potential is merely frustrated by an injury or a disease. 78 00:07:26,460 --> 00:07:31,170 If we think that non-rational human beings like those who are asleep, temporarily comatose, 79 00:07:31,170 --> 00:07:36,150 etc. count as persons, then we should consider these individuals, these patients to be persons as well. 80 00:07:36,510 --> 00:07:37,470 And for the same reason. 81 00:07:38,250 --> 00:07:44,639 In my book on Peter Singer and Christian Ethics, I point out that one of the interesting agreements that I have with Peter and Julian, 82 00:07:44,640 --> 00:07:50,820 I think that we'll hear is a judgement against the current medical consensus around brain death. 83 00:07:51,570 --> 00:07:55,530 We tell ourselves, in my view, and I think Julian's view though again I'll let him speak for himself, 84 00:07:56,010 --> 00:08:03,210 that we tell ourselves a medical fiction, that a living, breathing, pulsing, human being with homeostasis is dead. 85 00:08:04,170 --> 00:08:10,440 But what we really mean is that there is a difference between a living, pulsating, breathing, human being and a person. 86 00:08:10,980 --> 00:08:19,410 So actually, in switching, as we did our view to brain death, we have adopted an important aspect of Singer's and Julian's thought. 87 00:08:19,560 --> 00:08:23,310 Perhaps even without realising it, in my view. So I think both Julian, 88 00:08:23,320 --> 00:08:30,960 I can agree that we need a more honest appraisal of what we are claiming when we say that a living human organism with homeostasis is dead. 89 00:08:32,970 --> 00:08:37,110 Okay, more of that is too quick, but we can come back to some of that stuff. Let's move on to killing and treatment. 90 00:08:37,920 --> 00:08:40,680 But even if one thinks that all these patients are persons, 91 00:08:40,920 --> 00:08:46,890 there are still really interesting and important questions to ask about whether it would ever be legitimate to aim at their death. 92 00:08:47,700 --> 00:08:53,880 After all, we allow killing of persons for all sorts of reasons, including in certain circumstances, without their consent. 93 00:08:54,570 --> 00:08:59,219 Now I come out of a tradition, the Catholic tradition, which brings a pretty solid, decent, 94 00:08:59,220 --> 00:09:04,170 logical principle to this debate, namely that it is always wrong to aim at the death of an innocent person. 95 00:09:05,070 --> 00:09:10,469 This comes directly from the claim that the lives of persons have intrinsic non instrumental value, 96 00:09:10,470 --> 00:09:17,130 such that it is never accepted to radically reduce that value to some other end, especially the killing. 97 00:09:17,760 --> 00:09:22,530 Though this might seem like a conversation stopper when it comes to dialogue, for those who do not share this principle, 98 00:09:22,890 --> 00:09:27,660 there are two important possible areas of overlap to mention and possibly explore in greater depth. 99 00:09:28,470 --> 00:09:31,710 First, to pay attention to the language I'm using aiming at death. 100 00:09:32,730 --> 00:09:41,730 Julian and Peter Singer often point out that it is incoherent to object to killing via an action, but not to object to killing via omission. 101 00:09:42,480 --> 00:09:47,940 Here, of course, we have broad agreement. The Catholic prohibition is against aiming at death of an innocent person. 102 00:09:48,240 --> 00:09:55,020 This explicitly includes both acts and omissions. The example I do use of my students is my bathtub example. 103 00:09:55,050 --> 00:09:59,790 So imagine a scenario where this really bad husband wants to kill his wife for the life insurance money and. 104 00:10:00,230 --> 00:10:03,890 She's taking a bath, right? And he walks in with the toaster ready to drop it in the water. 105 00:10:04,250 --> 00:10:08,540 But to his horrific delight, he realises that she's drowning already in the bathtub. 106 00:10:08,540 --> 00:10:13,830 Right. And just he could easily save her, but he lets her die because he wants her dead right for the life insurance money. 107 00:10:13,850 --> 00:10:16,460 Is that any different than if you actually drop a toaster of water? 108 00:10:17,000 --> 00:10:22,190 From the Catholic perspective and I think from doing respect that there's no difference at all is aiming at death in both circumstances. 109 00:10:22,190 --> 00:10:29,170 Whether it happens by action or omission is not of consequence morally. 110 00:10:29,590 --> 00:10:41,329 So the second area of overlap. But so once again, as with brain death, we agree, I think with the logical incoherence of our culture on this issue, 111 00:10:41,330 --> 00:10:47,480 that we make this distinction, but we then we disagree about which way to resolve it, which way to reason to resolve it. 112 00:10:47,840 --> 00:10:52,850 So I think Gillian's going to want to say that whether we aim at death actively or whether we aim at that passively, 113 00:10:52,850 --> 00:10:56,060 there are circumstances where that should be done, even if it's an innocent person. 114 00:10:56,330 --> 00:11:00,200 I'm going to say we should refrain from both, whether it's active or passive. 115 00:11:00,510 --> 00:11:05,000 That would. But at least we agree on the coherency, which is no small thing. 116 00:11:07,310 --> 00:11:12,080 The second area of overlap involves the church's tradition on refusing life sustaining treatment. 117 00:11:12,830 --> 00:11:18,410 As many of you know, the church did a lot of thinking about this in the Middle Ages, especially with regard to battlefield medicine, 118 00:11:18,710 --> 00:11:22,190 and eventually came up with a distinction between ordinary and extraordinary treatment, 119 00:11:22,730 --> 00:11:25,670 which I think is still operative in our secular medicine today in the West. 120 00:11:25,850 --> 00:11:31,790 We can talk about that if you like, but one of the first questions that was asked was, well, suicide is always wrong. 121 00:11:31,910 --> 00:11:33,860 Killing innocent person, including suicide is always wrong. 122 00:11:34,250 --> 00:11:40,360 What about battlefield soldiers who don't want their legs cut off in order to save their life if they refuse the amputation? 123 00:11:40,370 --> 00:11:42,920 Are they in fact committing suicide or they're aiming at their own death? 124 00:11:43,220 --> 00:11:47,450 And the answer from Catholic moral theology was not that they did not that they did not, 125 00:11:47,450 --> 00:11:53,210 because as long as they were aiming at death and death was merely a foreseen but unintended consequence, 126 00:11:53,420 --> 00:11:57,560 and they had a proportionate reason, like the really intense pain of having your leg cut off without pain medicine, 127 00:11:58,370 --> 00:12:01,100 that that would have been acceptable. And over the centuries, 128 00:12:01,520 --> 00:12:08,870 lots of different kinds of proportionate reasons have been given as reasons that would be acceptable for refusing life sustaining treatment. 129 00:12:09,560 --> 00:12:16,850 Pain was obviously one given that example, but even the expense and burden on family or affected others is in the tradition, 130 00:12:17,300 --> 00:12:21,530 which I think explicitly includes distributive justice. That was what my first book was on, 131 00:12:21,530 --> 00:12:27,800 and I think that might be an interesting area that Julian I could talk about in terms of the kinds of views that he holds about this. 132 00:12:29,960 --> 00:12:34,520 And interestingly, at least to me, I think we could also largely agree that in certain circumstances, 133 00:12:34,520 --> 00:12:44,060 giving someone a very large dose of pain medication, one that we knew would lead to their death being radically sped up would be acceptable. 134 00:12:44,630 --> 00:12:51,710 I would just insist that the reason the pain medication would be given would be with the intention to control pain. 135 00:12:52,340 --> 00:12:55,460 And the death was merely foreseen but not intended. 136 00:12:56,390 --> 00:12:59,150 While Julian would, of course, I think, just not insist on that, 137 00:12:59,150 --> 00:13:05,180 but at least at the very level of public policy, we would admit that this is a legitimate thing to do. 138 00:13:05,210 --> 00:13:10,820 I would just insist on different intentions and divining intention and public policy is a very complicated thing. 139 00:13:11,600 --> 00:13:14,840 But anyway, I think that's another thing we could talk about might be interesting. 140 00:13:16,040 --> 00:13:22,250 But let me lastly talk about public policy and think about public policy specifically. 141 00:13:23,090 --> 00:13:27,530 So even if one objects to the claim that every living human being is a person with a right to life, 142 00:13:27,800 --> 00:13:32,480 and even if one rejects the claim that it is always wrong to aim at the death of an innocent person, 143 00:13:32,840 --> 00:13:38,150 there are still questions to ask about the unintended consequences of putting any of this into a public policy. 144 00:13:38,840 --> 00:13:43,130 As was mentioned last night, Julie and I are trying and just now I guess I put it in here. 145 00:13:43,340 --> 00:13:48,440 Julie and I are trying to write a paper together on how a common focus on a focus on flourishing and well-being 146 00:13:48,740 --> 00:13:54,440 might bridge gaps between us and between second and religious discussions or general discourses more generally. 147 00:13:54,800 --> 00:13:59,120 So let me propose an important question, which I think is important. 148 00:13:59,120 --> 00:14:04,790 Question What does a culture look like that has euthanasia as a broadly available option? 149 00:14:05,240 --> 00:14:14,600 Is this a flourishing culture? We could ask this about the medical culture specifically, which is the whole set of questions in itself. 150 00:14:14,990 --> 00:14:19,040 Or we could ask it about R and or we could ask it about our culture at large. 151 00:14:21,050 --> 00:14:28,460 My friends who are social ethicists are generally sceptical of merely focusing on the autonomous choice of individuals 152 00:14:28,970 --> 00:14:36,290 in which to dig deeper and think harder about the social structures underneath that might coerce such choices. 153 00:14:37,130 --> 00:14:44,870 We saw last night with the proposition of pro-life feminists that they are sceptical of a focus on autonomous choice for abortion, 154 00:14:45,230 --> 00:14:48,590 arguing that given the social structures that still work against women, 155 00:14:48,860 --> 00:14:58,490 abortion choice actually ends up coercing and harming women in powerful ways, many social ethicists reasoned in a similar way about euthanasia. 156 00:14:59,240 --> 00:15:00,840 We have social. Structures in the West, 157 00:15:00,870 --> 00:15:08,970 driven by a vigorous market economy and pushed several kinds of vulnerable populations to the margins as a result of these social structures. 158 00:15:09,720 --> 00:15:13,530 This is especially true of those who are old or injured or disabled, 159 00:15:13,530 --> 00:15:19,380 such they can no longer contribute capital and youth to our culture in the proper ways. 160 00:15:20,340 --> 00:15:25,680 Given that these vulnerable populations are already pushed to the margins and feel unwelcome in our culture, 161 00:15:26,610 --> 00:15:31,110 what unintended consequences might there be in giving them the right to kill themselves? 162 00:15:32,310 --> 00:15:39,780 Some answers to this question would involve something like reasonable speculation about what might happen, but some answers are just simply empirical. 163 00:15:41,160 --> 00:15:46,380 The Netherlands, for instance, has been considering a measure to allow euthanasia for those who are simply tired of life. 164 00:15:46,980 --> 00:15:49,290 No pretence about medical need at all. 165 00:15:50,490 --> 00:15:58,380 Switzerland, as you may know, has a group called Dignitas that is now charging a fee for what is essentially euthanasia, euthanasia, tourism. 166 00:15:58,560 --> 00:16:07,290 Here, the market is directly involved with no pretences about that. I gave a talk in Belgium this past spring and after the talk we had, 167 00:16:07,290 --> 00:16:10,710 I had dinner with a few of the people who were players in the euthanasia debate there. 168 00:16:11,190 --> 00:16:15,990 It was legalised in 2002, but despite warnings from some of the people I was talking with, 169 00:16:16,200 --> 00:16:22,169 it took only six years for euthanasia to be connected to organ donation and given organ shortages. 170 00:16:22,170 --> 00:16:31,320 The practice gives Belgian society an explicit stake in the deaths of people with seriously disabling, disabling or terminal conditions. 171 00:16:31,830 --> 00:16:36,060 And if we consider that these people are often the most expensive for whom to care, 172 00:16:36,390 --> 00:16:39,660 especially in light of the acute medical resource shortages we face, 173 00:16:39,660 --> 00:16:46,709 there is the potential for a perfect storm of considerations which demonstrate that the supposed free choice to kill oneself is 174 00:16:46,710 --> 00:16:53,400 actually manipulated and even coerced by a host of social factors operating beneath the surface of so-called patient autonomy. 175 00:16:54,870 --> 00:17:00,120 So I've talked enough. I'm just going to conclude here and turn this over to Julian so we can get some some exchange. 176 00:17:00,120 --> 00:17:03,720 But in concluding, let me make two broad points and sort of back up. 177 00:17:04,350 --> 00:17:08,850 So while we may not get broad agreement on some of the principles involved in these debates, 178 00:17:09,480 --> 00:17:17,370 even simply cutting through the confusion to see where we disagree, I think is of significant value for the discourse and just in general. 179 00:17:17,940 --> 00:17:21,450 But then I think we can even push our culture to be more together. 180 00:17:21,450 --> 00:17:28,830 We can push our culture to be more consistent where we both see in coherency, even if we disagree about which way to push to make it coherent. 181 00:17:29,700 --> 00:17:33,990 I think this is especially true when it comes to brain death and aiming at death by action or omission. 182 00:17:35,670 --> 00:17:43,020 Another opening for conversation again involves the effects of various euthanasia public policies on the flourishing of our communities. 183 00:17:43,440 --> 00:17:47,640 Last night I asked the question, Whatever you think of abortion as an individual moral issue in itself, 184 00:17:48,120 --> 00:17:52,980 what do you think of a culture that has, you know, millions of abortions done for any reason at all? 185 00:17:53,190 --> 00:17:57,540 Can we have a productive argument about whether this is good for the flourishing of women in our broader culture? 186 00:17:58,140 --> 00:18:04,050 Today, I want to ask a similar question about euthanasia. Whatever you think of euthanasia as an individual moral issue in itself. 187 00:18:04,410 --> 00:18:08,850 What do you think of a culture that gives the free choice for marginalised populations to kill themselves? 188 00:18:09,480 --> 00:18:14,400 Can we have a productive arguing about whether this is good for the flourishing of the sick and elderly in our broader culture? 189 00:18:17,730 --> 00:18:22,830 Thanks, Charlie. So just in answer to that, I quite like Holland in Switzerland. 190 00:18:22,830 --> 00:18:30,809 I think they're quite good places. So. So I think they're quite, quite civilised societies in fact are more civilised than many other societies. 191 00:18:30,810 --> 00:18:32,160 But that's not my main point. 192 00:18:32,400 --> 00:18:38,610 I want to start by saying what I said last night is many of my best friends are Christians and actually practising Christians. 193 00:18:39,000 --> 00:18:42,959 So so I am actually deeply committed to this project of engagement. 194 00:18:42,960 --> 00:18:51,570 And I want to thank Charlie for, for taking a positive step towards this and having an open and honest dialogue and not trying any shenanigans, 195 00:18:52,080 --> 00:18:55,440 which I've seen a lot of in in the years in this sort of area. 196 00:18:56,640 --> 00:19:01,170 And so in that spirit, I've actually written a new paper, 197 00:19:01,170 --> 00:19:07,470 and this is in the paper I would give defending euthanasia, because I'm not going to talk about moral status. 198 00:19:08,280 --> 00:19:13,290 The traditional arguments that are given for for euthanasia are two fold. 199 00:19:13,320 --> 00:19:21,300 One is based on personal autonomy that we have the right to determine our own lives, including when we die. 200 00:19:22,350 --> 00:19:29,790 And and so this grounds voluntary euthanasia and an an argument based on beneficence that some lives involve 201 00:19:29,790 --> 00:19:36,840 such degrees of suffering or such poor quality that it's better to no longer go on and live on these grounds, 202 00:19:36,930 --> 00:19:42,720 on voluntary euthanasia. And I'm not going to give either of those arguments and I'm not going to challenge 203 00:19:42,960 --> 00:19:46,950 Charlie's claims about or directly challenge all these kinds of moral states. 204 00:19:46,950 --> 00:19:52,290 I take the spirit of this debate to be to find common premises that we can agree on. 205 00:19:52,650 --> 00:19:54,570 So there are going to be things that we just can't agree on. 206 00:19:54,570 --> 00:20:01,320 And I made some comments about Charlie's reference to both secular and religious ethics being based on faith, 207 00:20:01,320 --> 00:20:06,180 which I'm not going to repeat, and we can talk about that later, but I don't quite agree with what how he phrased that. 208 00:20:08,280 --> 00:20:10,919 So I'm not going to talk about moral sites. For what it's worth. 209 00:20:10,920 --> 00:20:18,270 I think that people with advanced brain damage, there's dementia, permanent unconsciousness, lack moral status. 210 00:20:18,780 --> 00:20:23,400 But my argument isn't going to depend on that. And I agree with Charlie that I think brain death is a fiction. 211 00:20:23,640 --> 00:20:25,980 It's a fiction invented to to harvest organs. 212 00:20:27,000 --> 00:20:37,950 And the more relevant moral point is some serious loss of of sophisticated or rich consciousness that separates humans rather than non-human animals. 213 00:20:38,520 --> 00:20:39,810 But leave aside all that. 214 00:20:42,120 --> 00:20:50,070 What he did draw attention to is this very important agreement about the moral equivalence of what's called active and passive euthanasia. 215 00:20:50,700 --> 00:21:00,870 Active euthanasia is the administration of or the direct lethal act that that kills a person, typically a lethal injection. 216 00:21:02,130 --> 00:21:12,870 Passive euthanasia is the withdrawal, the withholding of medical treatment, life prolonging medical treatment that keeps somebody alive. 217 00:21:13,200 --> 00:21:19,140 The omission to do something to to to keep somebody alive. 218 00:21:20,070 --> 00:21:20,309 Now, 219 00:21:20,310 --> 00:21:30,480 there is an interesting category of medical treatment that is routinely employed that falls between these two cases of active and passive euthanasia. 220 00:21:31,080 --> 00:21:35,640 And that's the act of withdrawing life, prolonging medical treatment. 221 00:21:36,870 --> 00:21:40,040 Now, here we face the first hypocrisy. 222 00:21:40,160 --> 00:21:49,110 If society, if I snuck into the John Ratcliffe Hospital now and disconnected somebody's ventilator, 223 00:21:49,770 --> 00:21:55,320 I would be guilty of murder because the act that I did stopping the ventilator killed the patient. 224 00:21:56,430 --> 00:22:04,380 If I snuck into the neonatal intensive care unit and withdrew the feeding tube and substituted some inert substance for the feed, 225 00:22:04,980 --> 00:22:08,730 and that baby died of starvation. I would be guilty of murder. 226 00:22:09,030 --> 00:22:16,770 If a mother failed to feed her child, that would, if not be murder, a serious criminal offence. 227 00:22:17,550 --> 00:22:21,300 But when doctors do that, it's not classified as murder. 228 00:22:22,350 --> 00:22:32,700 Now, how can that be? Well, this was most clearly articulated in the case of Tony Bland, a man who was crushed in the Hillsborough soccer disaster. 229 00:22:33,690 --> 00:22:39,810 And I think around 1996, after he'd been unconscious for many years, his brain had turned to mush. 230 00:22:40,080 --> 00:22:43,470 There was no hope. It was sad of any sort of meaningful recovery. 231 00:22:44,070 --> 00:22:53,880 His family wanted his artificial feeding to stop, and doctors were concerned that by actively stopping his feeding, they would be charged with murder. 232 00:22:55,020 --> 00:22:59,760 So they they took it to the to the to the highest court in the land. 233 00:23:01,050 --> 00:23:03,930 And inevitably, eventually, 234 00:23:03,930 --> 00:23:12,840 the decision was that Tony Bland had no interests and it was not against his interests to stop feeding in this circumstance. 235 00:23:14,070 --> 00:23:23,650 And on the question of whether this would. Constitute murder. The judge has said that the act of stopping the the the treatment was not an act. 236 00:23:23,660 --> 00:23:27,140 It was no mission to act because if it was an act, it would be murder. 237 00:23:28,010 --> 00:23:34,280 So that's why doctors are not guilty of murder. And I would be if I did the very same act, if we fight it, it would be called an act. 238 00:23:34,280 --> 00:23:41,600 If I do it. It's called the mission, which is an absolute tribute to the to the hypocrisy, the moral hypocrisy of people. 239 00:23:41,610 --> 00:23:46,970 So I completely agree with Charlie. Those those acts or omissions are morally equivalent. 240 00:23:48,350 --> 00:23:57,740 So it's important to recognise that already a form of euthanasia, withdrawal of treatment, withdrawal of feeding in neonates, 241 00:23:57,830 --> 00:24:04,490 withdrawal of feeding for people with dementia, withdrawal of insulation from people in intensive care is routinely practice. 242 00:24:04,730 --> 00:24:07,250 It is part of routine medical practice. 243 00:24:07,490 --> 00:24:14,930 So euthanasia, what I would actually classify as active euthanasia is already a part of accepted medical practice. 244 00:24:15,380 --> 00:24:24,530 As Charlie mentioned, there's one see here if you want. As Shelley also mentioned, we do sanction the killing of innocent people. 245 00:24:24,530 --> 00:24:26,810 And I mentioned this case last night, but I mention it again, 246 00:24:27,500 --> 00:24:33,530 the case of conjoined twins such as the Jodie and Mary pair in Manchester a few years ago. 247 00:24:34,700 --> 00:24:42,439 One of them, Mary, the so-called weaker twin who was inevitably going to die but could threaten the life of the healthy twin. 248 00:24:42,440 --> 00:24:50,690 Jodie was killed. And in fact, one of the justices said this was murder, but it was judged to be justifiable murder. 249 00:24:50,690 --> 00:24:56,690 So the first point I'll make is that the society that we live in, the medical practices and the law, 250 00:24:56,690 --> 00:25:02,960 are already based only on an acceptance of certain kinds of intentional killing. 251 00:25:04,790 --> 00:25:08,059 Okay, now, now I want to sort of soften you up a bit. 252 00:25:08,060 --> 00:25:16,130 I want to move on to the more productive part. Now, Charlie and I both agree that active and passive euthanasia are morally equivalent. 253 00:25:16,790 --> 00:25:19,850 So now I'm going to start with some things that I think we can agree on, 254 00:25:20,360 --> 00:25:26,140 a very well trodden principle that you, in fact articulated with this battle battlefield example. 255 00:25:27,050 --> 00:25:33,140 People have the right to refuse medical treatment, even lifesaving medical treatment. 256 00:25:33,350 --> 00:25:40,639 Jehovah's Witnesses can refuse a blood transfusion because they believe if they refuse a blood transfusion, they'll go to heaven. 257 00:25:40,640 --> 00:25:43,970 And if they accept somebody else's but or even their own blood, when it's left their body, 258 00:25:44,210 --> 00:25:49,430 they'll turn to dust that's well regarded as a right that people have. 259 00:25:50,390 --> 00:25:54,080 So people had to refuse treatment now and in advance. 260 00:25:54,080 --> 00:25:58,819 A Jehovah's Witness can write an advance directive or a living will saying I refuse a blood transfusion, 261 00:25:58,820 --> 00:26:01,760 whatever the circumstances, if I'm going to die. And that has the force of law. 262 00:26:02,060 --> 00:26:07,860 People have the right to refuse medical treatment in advance with the implication that they'll die. 263 00:26:10,250 --> 00:26:15,290 Now, if they're going to die, they're inevitably going to die because they're refused medical treatment. 264 00:26:16,160 --> 00:26:24,140 But surely it's compassionate or benevolent to make that dying as easy as possible. 265 00:26:25,280 --> 00:26:32,630 So surely, if they're going to die, we should provide them, at least with what I call anaesthetic palliative care. 266 00:26:33,080 --> 00:26:37,160 That is anaesthetise them with propofol until they die. 267 00:26:38,030 --> 00:26:44,929 Or in fact, Charlie even opened an even better door. Since our intention is not to kill them because they're going to die anyway, 268 00:26:44,930 --> 00:26:49,700 because they refuse, we can give them a lethal dose of morphine because and that's been, 269 00:26:49,700 --> 00:26:56,270 again, well accepted in the courts, the duty to give pain relief for seeing that you'll kill the patient when your intention is truly suffering. 270 00:26:56,660 --> 00:27:01,549 So if people can refuse medical treatment and I think Charlie should agree with that, 271 00:27:01,550 --> 00:27:04,520 because otherwise he's really radically rewriting medical ethics, 272 00:27:05,600 --> 00:27:14,510 then those people are entitled to at least anaesthetic sedation and I would argue active euthanasia to facilitate their death. 273 00:27:15,350 --> 00:27:22,310 So here we have we've started with an uncontroversial premise what refuse medical treatment, and we've already accepted one class of euthanasia. 274 00:27:23,180 --> 00:27:29,840 In fact, he raised this spectre of tying organ donation to euthanasia. 275 00:27:32,910 --> 00:27:38,300 There's one seat in front of me. In fact, I've embraced this with the paper with Dominique Wilkins. 276 00:27:38,370 --> 00:27:41,670 We argue for this proposal called organ retrieval euthanasia. 277 00:27:42,210 --> 00:27:48,030 We argue that people in advance should be entitled to express express a preference that 278 00:27:48,030 --> 00:27:52,890 if their treatment will be withdrawn on the grounds of futility or poor prognosis. 279 00:27:53,430 --> 00:27:58,020 Instead of them being allowed to die over a period of time, that ruins their organs. 280 00:27:58,290 --> 00:28:04,109 They should be allowed to say, I want to be taken to theatre and my organs be taken while I'm still alive. 281 00:28:04,110 --> 00:28:12,060 And those organs can be used so in advance they could express the wish for what's called what we call organ retrieval euthanasia. 282 00:28:12,240 --> 00:28:17,340 So the timing of organs to to euthanasia is not necessarily something that we should feel. 283 00:28:18,090 --> 00:28:25,170 Okay. Now, I try to argue that people who believe in the right to refuse medical treatment should and should accept certain instances of euthanasia. 284 00:28:25,230 --> 00:28:26,730 I'm going to say that that's even broader. 285 00:28:27,990 --> 00:28:35,580 It's a recent case of Tony Nicklinson, a man who suffered a stroke at the age of 51 and was left in locked in syndrome. 286 00:28:36,300 --> 00:28:41,970 He was fully conscious but unable to move any part of his body, except I think he could blink. 287 00:28:43,410 --> 00:28:49,260 He died at the age of 58, having refused nutrition and hydration and antibiotics, 288 00:28:49,560 --> 00:28:55,200 having lost a court battle to give his doctor immunity if the doctor assisted suicide. 289 00:28:55,680 --> 00:29:00,150 So this went to court and the court said, this is not something we can decide. 290 00:29:00,180 --> 00:29:06,690 This is something for parliament to decide. Very soon after he died, what did he die of? 291 00:29:07,110 --> 00:29:13,110 He died because he had refused to eat any further medical treatment, but he had refused to eat. 292 00:29:13,860 --> 00:29:17,850 Now everyone has the basic human right to refuse to eat. 293 00:29:18,630 --> 00:29:22,260 I don't think Charlie is going to say that we should be force feeding people who 294 00:29:22,260 --> 00:29:27,270 refuse to eat and they should have the right to refuse to eat in the future. 295 00:29:27,840 --> 00:29:33,480 So if somebody says, you know, if this happens to me, why don't I refuse to be fed? 296 00:29:34,800 --> 00:29:38,459 In fact, in the bland case, the feeding was judged to be a medical treatment. 297 00:29:38,460 --> 00:29:48,150 But we don't need to go that far because we can simply base the argument on everyone's common human right to refuse to eat or drink. 298 00:29:49,110 --> 00:29:52,410 Now, if somebody is refused to eat, they will inevitably die. 299 00:29:53,460 --> 00:29:57,450 And if they will inevitably die in this manner, they will inevitably suffer. 300 00:29:57,990 --> 00:30:06,210 So they have an intolerable on the grounds of beneficence or compassion to alleviate that suffering as they're dying again. 301 00:30:06,420 --> 00:30:14,160 They're entitled to at least anaesthetic, palliative care to be anaesthetise during the dying process of their starvation. 302 00:30:14,580 --> 00:30:20,129 And I'm sure Tony Nicklinson wasn't allowed to remain fully conscious as he died. 303 00:30:20,130 --> 00:30:27,930 He died very quickly after the court case. Or, in fact, we can employ his wonderful intention, foresight, distinction, 304 00:30:27,930 --> 00:30:33,659 and say our intention is to give him a high dose of morphine for saying that [INAUDIBLE] die. 305 00:30:33,660 --> 00:30:35,040 But our intention is to relieve pain. 306 00:30:35,880 --> 00:30:46,080 So, in fact, all of us have a de facto right to a certain kind of euthanasia in virtue of being able to make decisions about what goes in our mouth. 307 00:30:46,890 --> 00:30:51,420 So unless you are prepared to say that Nicklinson should have been force fed against his will, 308 00:30:52,440 --> 00:31:00,720 then all of us can in fact accept a form of euthanasia through our right to refuse medical, through our right to refuse food and thoughts. 309 00:31:00,900 --> 00:31:09,719 So, for example, I can say now, if in the future I'm incontinent or if in the future I can't recognise the people around me, 310 00:31:09,720 --> 00:31:16,800 or if in the future I don't know who who I am, I refused permission for you to feed me in those circumstances. 311 00:31:17,550 --> 00:31:23,610 Okay. I also refuse antibiotics and artificial ventilation CPR, but I refuse to be fed. 312 00:31:24,510 --> 00:31:27,569 In my view, that should be a legally binding directive. 313 00:31:27,570 --> 00:31:31,979 And at that point, people should be given either, as I said, anaesthetic, 314 00:31:31,980 --> 00:31:36,450 palliative care or a lethal injection under the intention feels like distinction. 315 00:31:36,660 --> 00:31:43,110 Okay. So, so I think starting from very simple premises other about the right to refuse medical treatment or the right to refuse food, 316 00:31:43,110 --> 00:31:49,260 we can go quite a long way to allowing people to access control over their dying. 317 00:31:50,070 --> 00:31:54,750 The third point, and then I'll finish, is I share what I suspect. 318 00:31:54,750 --> 00:32:04,560 Charlie has over a vast range of scepticism, over a vast range of medical decisions, decisions that are made about quality of life. 319 00:32:05,730 --> 00:32:14,600 Now, in many cases, medical treatment is stopped or withheld on one of two grounds. 320 00:32:15,240 --> 00:32:19,620 Not that the person's refused it because they didn't express any desires in their unconscious now, 321 00:32:20,070 --> 00:32:23,760 but on the grounds of futility, that is, it won't work. 322 00:32:24,000 --> 00:32:27,600 There's no chance of survival, but not in Tony Bland's case. 323 00:32:27,600 --> 00:32:30,840 He could have been kept alive for another ten years or. 324 00:32:31,290 --> 00:32:37,260 On the grounds of quality of life, that the quality of life is so poor that their life is no longer worth living. 325 00:32:37,590 --> 00:32:44,520 But now that won't apply to Tony Blair either, because he had no quality of life. 326 00:32:44,520 --> 00:32:49,530 He didn't have a negative quality of life. And the claim was not that continued living was against his interests. 327 00:32:49,560 --> 00:32:54,180 It was it wasn't it wasn't a violation of his interests to stop treatment. 328 00:32:55,410 --> 00:33:02,220 So both of these grounds are often, I think, spuriously employed and he's he's a good example of it. 329 00:33:03,330 --> 00:33:06,750 There was a famous case, I'm not sure if I mentioned this last night, so cut me off. 330 00:33:06,750 --> 00:33:15,000 If I'm going round in circles of Jamie Bone in the 1990s, a young girl who had leukaemia that was treated with bone marrow transplant it. 331 00:33:16,140 --> 00:33:17,580 The bone marrow transplant failed, 332 00:33:17,580 --> 00:33:22,950 the leukaemia returned and her father went to Cambridge Health Authority in Huntington in the Health Authority and said, 333 00:33:23,400 --> 00:33:30,600 I want you to try another bone marrow transplant. And the authorities said it's not in her interests to have another transplant. 334 00:33:30,610 --> 00:33:36,870 You often hear this and it's not in her interests. It will cause pain and suffering, you know, infection. 335 00:33:37,170 --> 00:33:41,280 And it's only got I can't remember when it was five or 10% chance of inducing a remission. 336 00:33:41,640 --> 00:33:45,500 And he said, well, I disagree. I think it is in our interests. 337 00:33:46,020 --> 00:33:48,880 I said, No, no, no, it's not in their interest, so I'm taking you to court. 338 00:33:48,900 --> 00:33:54,150 So he went to court and as soon as he got to court, the health authorities argument shifted. 339 00:33:54,570 --> 00:34:01,770 They didn't say it was against her interests any longer. They said it's not a fair distribution of scarce health care resources. 340 00:34:02,730 --> 00:34:07,020 Okay. And in fact, the first judge said you can't just say that. 341 00:34:07,020 --> 00:34:13,620 You have to show why it is you can't afford this treatment. But in fact, when it went to the highest court, 342 00:34:13,620 --> 00:34:17,939 the judgement was effectively in a utilitarian judgement that said scarce health care 343 00:34:17,940 --> 00:34:20,730 resources have to be distributed to bring the greatest good to the greatest number. 344 00:34:21,480 --> 00:34:25,230 And they endorsed the health authority's decision to not provide her care. 345 00:34:26,070 --> 00:34:34,020 But again, MAXINE and I were involved in this discussion about people who request treatment to continue for their children in intensive care, 346 00:34:34,260 --> 00:34:41,790 Great Ormond Street, while they wait for a miracle. And the doctors believe it's not in the interests of the child to continue treatment. 347 00:34:42,660 --> 00:34:49,080 Okay. Now, Steve Clarke made the point that it's bizarre to claim that they should know when a miracle is going to occur. 348 00:34:49,080 --> 00:34:53,489 That child could be brought back from the dead years later if God really wanted to perform a miracle. 349 00:34:53,490 --> 00:35:00,600 So that that doesn't seem to be a strong ground. But it's also true, I think, that in many of these cases, it's not at all clear, 350 00:35:00,960 --> 00:35:07,050 having worked in the in this area for many years, that it is against the child's interest to die at that point. 351 00:35:07,710 --> 00:35:17,310 What is really going on is, Charlie said, is the elephant in the room of distributive justice that people are making decisions that to 352 00:35:17,310 --> 00:35:23,430 continue to to spend large amounts of resources on this person where the quality of life will be. 353 00:35:24,360 --> 00:35:32,139 If positive, very minimally positive, and the life will be very poor, then those resources should be spent elsewhere. 354 00:35:32,140 --> 00:35:36,570 And I think that's a very valid judgement to make. But it's a distributive justice judgement. 355 00:35:36,570 --> 00:35:39,450 It's not a judgement about futility, it's not a judgement about quality of life. 356 00:35:39,900 --> 00:35:46,590 And we're Charlie and I, I think would disagree is I think you have to make those judgements on value of life grounds. 357 00:35:46,800 --> 00:35:50,550 It's not as if everyone is equal in this regard. 358 00:35:50,730 --> 00:35:55,230 Some lives are better than others and that's how we should distribute our resources. 359 00:35:55,860 --> 00:36:02,280 So the reason that it's legitimate to withdraw medical treatment from severely disabled neonates or severely 360 00:36:02,280 --> 00:36:08,729 disabled adults is because those lives are going to be so bad now that I think we will disagree about it. 361 00:36:08,730 --> 00:36:15,180 But both of us are united on the ground that distributive justice can be can be a reasonable ground for euthanasia. 362 00:36:16,740 --> 00:36:19,740 So we can agree, first of all, 363 00:36:19,740 --> 00:36:28,050 that competent people should have access to either euthanasia or anaesthetic palliative care if they refuse to wait in advance or contemporaneously. 364 00:36:28,770 --> 00:36:37,660 And we can agree that incompetent people can have treatment withdrawn or that euthanasia administered on distributive justice grounds. 365 00:36:37,950 --> 00:36:43,620 So in fact, there's much more agreement than you would think initially between Charlie and I, 366 00:36:43,620 --> 00:36:49,529 at least on the premises, as I understand it now, he raises many objections and these are familiar objections. 367 00:36:49,530 --> 00:36:53,610 I don't want to turn this into a standard debate around nutrition, but I would say something about the vulnerable. 368 00:36:54,660 --> 00:37:03,750 Okay. You often hear this this concern about, you know, the vulnerable will will suffer. 369 00:37:05,160 --> 00:37:09,540 And that's a reason for for not allowing euthanasia. 370 00:37:09,900 --> 00:37:14,940 But as Charlie just said, active euthanasia is equivalent to passive euthanasia. 371 00:37:15,630 --> 00:37:21,240 And passive euthanasia is vastly more common even in the Netherlands and Switzerland in active euthanasia. 372 00:37:21,660 --> 00:37:24,660 So if your concern was exploitation of the vulnerable, 373 00:37:25,080 --> 00:37:31,080 then you better be concerned already about exploitation of the vulnerable in terms of people's not have. 374 00:37:31,260 --> 00:37:36,450 Not having the medical care or having the medical care withdrawn inappropriately. 375 00:37:36,900 --> 00:37:44,730 And as I said, there's no evidence from the Holland, a very civilised country of any of the predicted abuses and so on of euthanasia. 376 00:37:44,940 --> 00:37:52,769 And the fact that people people request to die when they're tired of life hardly seems to me to be an overwhelming objection. 377 00:37:52,770 --> 00:37:59,460 There was a there was a a famous philosopher called Michael Bailes, who who always said, 378 00:38:00,390 --> 00:38:05,370 I'm going to commit suicide at 50 and I don't want to live any longer than 50. 379 00:38:06,720 --> 00:38:11,130 I'm 40, nearly 49. I find this prospect shocking. 380 00:38:12,030 --> 00:38:19,200 But he started to wind up all these projects and in all his writing and commitments to inactive decay committed suicide. 381 00:38:19,890 --> 00:38:22,890 Now people live their lives differently. I wouldn't do that. 382 00:38:23,850 --> 00:38:31,410 But it hardly seems to me this is the reductio ad absurdum of allowing people to control over their dying God. 383 00:38:31,500 --> 00:38:34,020 Let me finish there and I wish this.