December 8, 2005

A DISTINCTION WITHOUT A DIFFERENCE?

Euthanasia bill skirts Jewish law (Tim Butcher, London Daily Telegraph, 12/08/2005)

Machines will perform euthanasia on terminally ill patients in Israel under legislation devised not to offend Jewish law, which forbids people taking human life.

A special timer will be fitted to a patient's respirator and will sound an alarm 12 hours before turning it off.

Normally, someone would override the alarm and keep the respirator turned on, but, if various stringent conditions are met, including the giving of consent by the patient or legal guardian, the alarm would not be overridden.

[snip]

Parliamentarians reached a solution after discussions with a 58-member panel of medical, religious and philosophical experts.

"The point was that it is wrong, under Jewish law, for a person's life to be taken by a person but, for a machine, it is acceptable," a parliamentary spokesman said. "A man would not be able to shorten human life, but a machine can."

Could anyone explain -- for us non-experts in medicine, religion, and philosophy -- how this mechanism "skirts" Jewish law, rather than simply ignoring it?

Posted by kevin_whited at December 8, 2005 10:23 AM
Comments

Guns don't kill people...

Presumably in Israel poisoners can plead innocent on the grounds that the arsenic did it.

Posted by: Brit at December 8, 2005 10:37 AM

In exactly the same way the Holocaust would be OK if the Germans had used self-cleaning ovens.

Posted by: Luciferous at December 8, 2005 10:45 AM

Except in degree, how is this different from Orthodox Jews who have timers set to turn the lights, the oven, etc on and off during the Sabbath or in earlier times had neighbors to do the honors. My mother used to perform these little chores for her Orthodox Jewish neighbors. We kids liked it because she always came home with goodies for us.

I don't judge the practice, I just wonder if God is satisfied with the letter of the law even if the spirit of the law is being thwarted.

On euthanasia, there can be no blanket opinion. Each case must be decided by families and their medical and spiritual advisors.

Posted by: erp at December 8, 2005 11:15 AM

Plenty of precedent for this sort of thing. For example, someone who may not put sour cream on his meat sandwich can fake it with mayonnaise, for a similar texture and effect.

That's not the way the way most of us look at it, but it's understandable in a legalistic system. We would look at the reason for the rule in order to understand it.

We suppose Tibbets and his crew did not bomb Hiroshima: they only operated some machines, and gravity and all those nasty protons, neutrons and electrons did the rest.

Posted by: Lou Gots at December 8, 2005 11:24 AM

if they were to end up in hospital, dependent on a respirator and suffering from a terminal disease.

Um, folks, we are speaking here of elderly, terminally ill people who are being kept alive artificially on respirators. That is, they are elderly people who are alive only because they are hooked up to a machine.

And while I admit that this rather brief---but rather important distinction---happens to be at the very, very end of the article quoted, it does not appear in fine print.

Or does everyone agree that euthanasia really ought to be dumbed down?

Posted by: Barry Meislin at December 8, 2005 11:31 AM

I thought there was a duty to help prevent the death of the innocent when possible.

Posted by: Tom C., Stamford,Ct. at December 8, 2005 11:36 AM

Didn't they use this same situation as a plotline between Dr. Zoidberg and Bender on Futurama?

Posted by: John at December 8, 2005 11:37 AM

Barry: I noted a few days ago that "euthanasia" appears to have been expanded to include removing patients from respirators. I don't think it's overly paranoid to worry about the motivation of at least some people who are making this rather profound change in definition...

Posted by: b at December 8, 2005 11:54 AM

The machine giveth, and the machine taketh away.

Posted by: Robert Duquette at December 8, 2005 12:26 PM

So far, machines can't set themselves up, humans are the instrument whether they press a button from homebase or fly over and drop the bomb or pull the swtich manually.

Posted by: erp at December 8, 2005 1:55 PM

I think you guys are reading too much into this. They're not talking about Terry Schiavo here. They're talking about DNRs and other end-of-life arrangements that are completely noncontroversial in the US. The alarm, as I understand it, is to avoid mistakes, certainly, but also to leave open the possibility that the patient will revive and take care of the problem themselves.

As Lou notes, in Judaism, the rules are the rules and you are allowed to come as close as you can to the line, so long as you don't cross over. G-d commands what He commands, and it is not up to us to try to exceed his command. This ruling is analogous to, and was no doubt suggested by, other rules for hospitals dealing with machinery use on the Sabbath. For example, elevators are set to automatically stop and open at every floor, so that the riders don't do work by pressing buttons.

Posted by: David Cohen at December 8, 2005 5:44 PM
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