Premium
The Medical Exception to the Prohibition of Killing: A Matter of the Right Intention?
Author(s) -
Den Hartogh Govert
Publication year - 2019
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/raju.12239
Subject(s) - principle of double effect , doctrine , unintended consequences , permission , law , terminally ill , palliative care , psychology , law and economics , medicine , political science , sociology , nursing
It has long been thought that by using morphine to alleviate the pain of a dying patient, a doctor runs the risk of causing his death. In all countries this kind of killing is explicitly or silently permitted by the law. That permission is usually explained by appealing to the doctrine of double effect: If the use of morphine shortens life, that is only an unintended side effect. The paper evaluates this view, finding it flawed beyond repair and proposing an alternative explanation. It is not the intention of the doctor that counts, but the availability of an “objective” palliative justification.