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Ekland-Olson - Who lives, who dies, who decides?: abortion, neonatal care, assisted dying, and capital punishment

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Ekland-Olson Who lives, who dies, who decides?: abortion, neonatal care, assisted dying, and capital punishment
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Who lives, who dies, who decides?: abortion, neonatal care, assisted dying, and capital punishment: summary, description and annotation

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This second edition of Who Lives, Who Dies, Who Decides? has been updated to consider the rising stakes for issues of life and death. Abortion, assisted dying, and capital punishment are among the most contentious issues in many societies and demand debate. Whose rights are protected? How do these rights and protections change over time and who makes those decisions? Based on the authors award-winning and hugely popular undergraduate course at the University of Texas and highly recommended by Choice Magazine, this book explores the fundamentally sociological processes which underlie the quest for morality and justice in human societies. The Authors goal is not to advocate any particular moral high ground but to shed light on the social movements and social processes which are at the root of these seemingly personal moral questions and to develop readers to develop their own opinions--;A single question -- An exclusionary movement is born -- Legal reform to eliminate defectives -- Redrawing the boundaries of protected life -- Crystallizing events and ethical principles -- A bolt from the blue : abortion is legalized -- Mans law or Gods will -- Inches from life -- Should the baby live? -- Limits to tolerable suffering -- Alleviating suffering and protecting life -- God, duty, and life worth living -- Assisted dying -- Removing the protective boundaries of life -- A campaign to stop the executions -- The pendulum swings, the debate continues -- Lessons learned.

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C HAPTER 17
L ESSONS L EARNED

We come to the end. The journey has been long, and the landscape varied. Through out, we have been guided by two deeply important moral imperatives: life is sacred (intrinsically important) and should be protected, and suffering, once detected, should be alleviated. A single question has been asked: how do communities go about justifying the violation of these imperatives while holding firm to their importance? The short answer is this: boundaries are drawn, priorities are set, and dilemmas are resolved. In the process, a sense of differential social worth is established, as moral imperatives involving the protection of life and alleviation of suffering remain operable but not applicable. What general lessons can be drawn from the journey we have taken?

Most evident is that the protective boundaries of life and the associated sense of social worth are structured and rearranged through exclusionary logic and the power of empathy. Persons become parasites, fetuses become nonpersons, lives become vegetative, convicted felons become demons. In each case, the protections are removed or maintained by socially defined and historically variable definitions of worth. Along these lines, moral systems evolve.

We have seen that moral evolution rarely progresses along a straight path. Instead, it winds along a jagged and often contentious route, as science and technology introduce new and unanticipated possibilities, and crystallizing events clarify issues and motivate reform. With unexpected scientific and technological breakthroughs, along with unanticipated emerg ing events, new questions arise. Current moral and legal systems are simply not up to the task. We have seen many examples of the ensuing cultural lag. Newly refined kidney machines, respirators, and organ transplant procedures brought hope to people previously facing certain death. On what basis should limited life-prolonging resources be distributed: first-come, first-served; random assignment; ability to pay; or assessment of social worth? New medical treatments have provided the ability to prolong the lives of young infants. Should these treatments be used, even if they mean the childs short life will be filled with suffering and resource-draining medical care? Medical technology now allows a life to be maintained, even when the person in question has lost all cognitive and emotional capacity. In other situations, these technologies can be used to keep someone alive, only to face a life filled with suffering. Is life in a vegetative state, or a life filled with suffering, a life worth prolonging and protecting?

Likewise, moral shifts have occurred when crystallizing events clarified the implications of one action or another. Again, supporting evidence is abundant. Buck v. Bell, the thalidomide scare, the Quinlan case, the radiation, Willowbrook, and Tuskegee experiments, the trials of the Scottsboro Boys, and the torture and killing of Emmett Till all clarified issues and precipitated otherwise elusive reforms. The Civil Rights Movement proceeded with increased force, a set of bioethical principles aimed at enhancing and clarifying the moral significance of individual auton omy, justice, and beneficence were put in place.

This much is clear: existing moral principles, judicial decisions, and legislated statutes are frequently do not keep pace with the implications of new scientific findings and technologies. To address this cultural lag, metaphors are built, analogies are drawn, empathy-generating images are fashioned, and stories are told. Again, evidence for the power of analogies, metaphors, images, and stories is readily found. Supreme Court justices find analogies in the penumbras of constitutional language. Theologians, as well as religious zealots, look to the similarly shadowed niches of sacred scriptures. Pro-choice stories are told to emphasize existing injustice. Pro-life films and graphic posters, designed to generate empathy, are carried to underscore the human qualities of a fetus. Partial-birth abortion becomes a phrase of political art. From such rhetoric, analogies, metaphors, images, and stories, the protective boundaries of life and tolerable suffering are drawn and redrawn. In the process, the legitimacy of existing understandings and practices is reassessed. Given the fundamental nature of the moral dilemmas in question, tension remains.

From this tension, competing social movements are spawned. They are organized to address the contending demands of moral imperatives, to rectify perceived injustices, and to question the power and authority of laws judged to be illegitimate. We have seen, time and time again, social movements succeed or fail according to their ability to mobilize resources, coalesce networks, and frame issues. The dynamics of such purpose-driven reform efforts is evidenced in the Eugenics Movement of the late nineteenth and early twentieth centuries. It is manifest in abortion protests, clinic blockades, and violence. It is found in contending efforts debating the right to die, as well as in contradictory court decisions that followed. It is no less evident in efforts in the shifting reform movements aimed at limiting and refining capital-punishment practices.

From evidence gathered in these widely varying arenas, a general proposition emerges: dilemmas, especially ones involving competing and deeply important moral principles, produce cyclical social change. In the early twentieth century, loosely linked networks of individuals and organizations, building on the findings and theorizing of Charles Darwin and others, coalesced, mobilized resources, and framed issues to produce a Supreme Court decision that legitimized the mandatory sterilization of those judged to be feeble-minded, less worthy of support and protection. The attendant logic of exclusion, aimed at enhancing and protecting life of the greater whole, formed a cornerstone for eliminating persons judged to be parasitesuseless eaters as they were called. In Hitlers Germany, legal boundaries were drawn, and empathy-diluting rhetoric was devised to further divide society. Suffering and death were inflicted on Them to support and protect lives among Us. It was not until the soul-searing consequences of the Final Solution became evident that a civil rights movement, aimed at achieving a more inclusive sense of social worth, was fully energized. As barbaric as it was, Germany was not alone. Testimony during the Nuremburg trials pointed to exclusionary injustices of a fissured social structure in the United States, and the legitimacy of existing law and practice was brought into question. Unjust laws were no laws at all.

In the aftermath of the Nuremburg Trials, a rethinking and restructuring of social worth began to take place. There emerged renewed interest in human rights, rights transcending the civil rights defined within legal jurisdictions. Occurring at the same time was a scientific and technological revolution, which also impacted how we defined, protected, and prolonged life. One thing became clear. Without a careful, more inclusive restructuring of our sense of social worth, we stood in danger of becoming scientific giants but ethical infants.

The glaring presence of cultural lag was undeniable, and a movement to advance the importance of applied ethical thinking was launched. What did it mean to be a person? What were the limits of individual autonomy? Where should the boundaries of tolerable suffering be drawn? When did life worthy of protection and support begin? What role should social worth play in the allocation of scarce, newly devised medical treatments?

The major testing grounds for the emerging moral adjustments were abortion, neonatal care, and assisted dying, with capital punishment entering the discourse from time to time. The political arena separated into camps: pro-life and pro-choice. Those claiming the pro-life position accused their opponents of devaluing life and promoting a culture of death. The pro-choice movement countered by saying that none of its proponents was anti-life or in favor of a culture of death, dismissing such claims as nonsense. Rather, the pro-choice mindset gave reverence to the autonomy of individuals, the quality of life, and the elimination or reduction of suffering.

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