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FATHER SATURNINO URIOS UNIVERSITY

BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL


HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

PRINCLE OF DOUBLE EFFECT EXAMPLE OF PRIMARY PERCEPTS

Thomas Aquinas (1225 – 1274)  Protect and preserve human life


 Reproduce and educate one’s
 An intellectual and religious offspring
revolutionary.  Know and worship God
 He was a member of the  Live in a society
Dominican Friars.  These precepts are primary
 Taught by one of the greatest because they are true for all people
intellects of the age, Albert the in all instances and are consistent
Great (1208- 1280) with Natural Law.
 His most famous work is Summa
Theologica. DOCTRINE/PRINCIPLE OF DOUBLE EFFECT
 Runs to some three and half
 Aquinas introduces one of his most
thousand pages and contains
famous ideas: the “ Doctrine of
many fascinating and profound
Double Effect”
insights, such as proofs for God’s
existence. Let’s see how this works.
MOTIVATING NATURAL LAW THEORY : THE  Imagine a child brought up in a
EUTHYPHRO DILEMMA AND DIVINE physically, sexually and emotionally
COMMAND THEORY abusive family. He is frequently
scared for his life and is locked in the
Divine Command Theory
house for days at a time. One day
 Drawing link between what is right when his father is drunk and ready
and wrong and what God to abuse him again, he quickly
commands and forbids grabs a kitchen knife and slashes his
father’s artery. His father bleeds out
Euthyphro Dilemma and dies in a matter of minutes. Do
you think the son did anything
 The dilemma runs as follows : Either
wrong?
God commands something is right
because it is, or it is right because DEFINITION OF THE PRINCIPLE OF DOUBLE
God commands it. EFFECT

NATURAL LAW THEORY  A principle that purports to answer


the following question is it right to
Aquinas’s Natural Law Theory contains four
perform an action from which two
different types of law
or more effects result. Some of
A. Eternal Law - means God’s rational which are good and may rightly be
purpose and plan for all thing intended and some of which are
B. Natural Law - act according to bad and may not rightly be
reason intended?
C. Human Law - discovered through  One act can embrace two effects-
rational reflection and created by an intended good effect and an
people unintended bad effect
D. Divine Law - discovered through
revelation

G.T 1
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

THE FOUR CONDITIONS OF THE PRINCIPLE rate. The nurse has a moral duty to prevent
OF DOUBLE EFFECT and remove evil (pain) that appears to
conflict with the duty to benefit patients (
1. The act-in-itself must not be morally protect and preserve life), a dilemma
wrong. indeed. The answer to the question of
whether the nurse may administer
2. The bad effect must not cause the good
morphine is clearly YES.
effect.
APPLYING THE CRITERIA OF DOUBLE EFFECT
3. The agent must not intend the bad effect
ILLUSTRATES WHY THIS IS SO:
( as an end to be sought)
1. The action of giving an injection of
4. The bad effect must not outweigh the
morphine is itself morally different or good.
good effect
2. The intended effect is to relieve the pain,
LET’S GO BACK TO OUR EXAMPLE
not to depress the respirations
Imagine a child brought up in a physically,
3. Respiratory depression is not the means
sexually and emotionally abusive family. He
by which the pain relief is obtained.
is frequently scared for his life and is locked
in the house for days at a time. One day 4. The relief of pain and the related
when his father is drunk and ready to abuse reduction of suffering combine to provide
him again, he quickly grabs a kitchen knife a sufficiently important reason, or
and slashes his father’s artery. His father proportionately greater good than the
bleeds out and dies in a matter of minutes. harm that is incurred-respiratory depression
Do you think the son did anything wrong? and likely death.

PRINCIPLE OF DOUBLE EFFECT APPLICATION OF THE PRINCIPLE OF DOUBLE


EFFECT
1. The act of the son was performed to save
his own life so that is good.  Abortion
 Ectopic pregnancy
2. The act to save his life came about first.
 Euthanasia
3. The son did not first act to kill his father in  Mutilation
order to save his own life. That would be  Sterility issues
doing evil to bring about good and that is  Mental Reservation
never morally acceptable. The intention of  Cooperation in an Evil Act
the son was to preserve and protect his life,  Breaching Confidentiality
so the intention was good.  Palliative Care
 Separation of conjoined twins
4. The reasons were serious as it was his life
or his father’s life. LEGAL RECOGNITION OF DOCTRINE OF
DOUBLE EFFECT
CLASSIC EXAMPLE
 R v Bodkin Adams (1957)
• The terminally ill pulmonary patient who is  GP acquitted of murder by
experiencing both great pain and a low administration of increasing doses
respiratory rate. The treatment of choice, of opiates to elderly patients.
injecting morphine sulfate, will quell the  Devlin, J (judge) introduced double
pain but might also “ quell” the respiratory effect doctrine:

G.T 2
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

if the first purpose of


medicine, the restoration of health,
could no longer be achieved, there PRINCPLE OF LEGITIMATE
was still much for the doctor to do, COOPERATION
and he was entitled to do all that
was proper and necessary to THE PRINCIPLE OF COOPERATION
relieve pain and suffering even if
- Portrays the Principle of the Double
the measures he took might
effect in a scenario in which more
incidentally shorten life”
than one person participates in the
 Airedale NHS v Bland ( 1993)
actions being evaluated.
 It is the established rule that a
- COOPERATION is working with
doctor may, when caring for a
another in the performance of an
patient, who is, for example, dying
action.
of cancer, lawfully administer
- The degree of cooperation may
painkilling drugs despite the fact
vary according to the gravity or
that he knows than an incidental
essentiality of the shared act in the
effect of that application will be to
performance of an evil action.
abbreviate the patient’s life…
 Such decisions may properly be FORMAL COOPERATION
made as part of the care of the
living patient, in his best interest, - Occurs when one assents to the evil
and on this basis, the treatment will intention of the person mainly
be lawful. responsible for performing the evil
action.
LEGAL RECOGNITION OF DOCTRINE OF - Consists of an explicit intention and
DOUBLE EFFECT- PROBLEMS willingness for the evil act. The one
formally cooperating categorically
 Contrary to traditional notions of
wills and intends the evil action.
criminal law intention and
- May occur if one advises,
causation
encourages, or counsels the person
 Airedale NHS Trust v. Bland ( 1993)
principally responsible for the evil
 concern expressed about dubious
action, even though one does not
demarcation between primary
take part physically in the action.
(direct) and secondary (oblique)
intention. MATERIAL COOPERATION
  Double effect – is it hypocrisy?
- isn’t the actor who - Consists of an act other than the
foresees the consequences evil act itself but facilitates and
of an action acting contributes to its achievement
intentionally and therefore - The one materially cooperating
culpable or responsible for may provide means apart from the
the act and its outcome? evil act itself which is used to carry
out the performance of an evil act.

TYPES:

- Immediate material cooperation


- Mediate material cooperation

G.T 3
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

PRINCIPLE OF COMMON GOOD AND


SUBSIDIARITY
IMMEDIATE MATERIAL COOPERATION
PRINCIPLE OF COMMON GOOD
- If one's action contributes to the
active performance of the evil - The principle of the common good,
action so much so that the evil to which every aspect of social life
action could not be performed must be related if it is to attain its
without the help of the cooperator. fullest meaning, stems from the
- This method of cooperation dignity, unity and equality of all
involves the cooperator acting in people.
conjunction with the person - The common good does not consist
primarily responsible for the evil in the simple sum of the goods of
action each subject of a social entity.
- If the act in question is intrinsically - Belonging to everyone and to each
evil, then immediate material person, it is and remains “
cooperation is always prohibited. common”, because it is indivisible
and because only together is it
MEDIATED MATERIAL COOPERATION
possible to attain it, increase it and
- If one's cooperation is not safeguard its effectiveness, with
needed to perform the evil regard also to the future.
action, but only assists in the - A society that wishes and intends to
performance of the action. remain at the service of the human
- This type of material being at every level is a society that
cooperation may be justified if has the common good – the good
there is a serious reason for it of all people and of the whole
because the action on the part person- as its primary goal.
of the cooperator is - The human person cannot find
fundamentally good. fulfillment in himself, that is, apart
from the fact that he exists “ with”
MORAL RULES GOVERNING COOPERATION others and “for” others.

- No one should formally and directly RESPONSIBILITY OF EVERYONE FOR THE


cooperate in the performance of COMMON GOOD
an evil action.
- If a reason sufficiently grave exists, - The common good therefore
material cooperation in the involves all members of society, no
performance of an evil action may one is exempt from cooperating,
be morally excused. according to each one’s
- If the material cooperation is possibilities, in attaining it and
proximate, a reason sufficiently developing it.
graver should exist to be morally - Everyone also has the right to enjoy
excused without which evil is the conditions of social life that are
incurred. brought about by the quest for the
common good.

G.T 4
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

TASK OF THE POLITICAL COMMUNITY take care of, nurture and cultivate
what has been entrusted to him.
- The responsibility for attaining the  In health care practice,
common good, besides falling to STEWARDSHIP refers to the
individual persons, belongs also to execution of responsibility of the
the State, since the common good health care practitioners to look
is the reason that the political after, provide necessary health
authority exists. care services, and promote the
- To ensure the common good, the health and life of those entrusted to
government of each country has their care.
the specific duty to harmonize the ROLES OF NURSES AS STEWARDS
different sectoral interests with the
requirements of justice.  Practice of bearing witness or being
- The common good of society is not present to clients.
an end in itself, it has value only in  Preserve and promote what is
reference to attaining the ultimate intrinsically valuable within their
ends of the person and the environments.
 Recognize openness to clients by
universal common good of the
respecting their capacity to be
whole of creation.
authentic.
PRINCIPLE OF SUBSIDIARITY  Assist clients to express their feelings.
 Encourage clients to gain insight
- A social principle that calls on into their needs and their potential
people to collaborate with each satisfaction.
other in various kinds of social  Participate in setting visions for
groupings to accomplish differing health-care organizations that
common goods, from direct and promote the greater good.
immediate to broad and complex PRINCIPLE OF TOTALITY AND ITS INTEGRITY
one, and directed to a higher
common good.  These principles dictates that the
- A kind of sociological discipline well-being of the whole person must
adhered to and advocated by the be considered in deciding about
church. Its moral implication is any therapeutic intervention or use
of technology.
embedded in its meaning.
 A part exists for the good of the
- Means that what an individual,
whole and may be sacrificed when
lower or smaller group can achieve
necessary to serve a proportionate
within his/her or its capacity should
good for the whole.
not be take away and transmitted  INTEGRITY refers to everyone's duty
to the custody and performance of to “preserve a view of the whole
a higher or bigger group. human person in which the values
of the intellect, will, conscience and
PRINCIPLES OF BIOETHICS fraternity are preeminent”
 TOTALITY refers to the duty to
PRINCIPLE OF STEWARDSHIP AND ROLE OF
preserve intact the physical
NURSES AS STEWARDS
component of the integrated
bodily and spiritual nature of
 STEWARDSHIP refers to the
human life, whereby every part of
expression of one’s responsibility to
the human body “exists for the sake

G.T 5
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

of the whole as the imperfect for a person and must be developed in


the sake of the perfect” ways consistent with enhancing
human dignity.
INTEGRITY TYPES
 Takes note of a humanized
sexuality, one that represents the
 Anatomical Integrity
fulfillment of physical and sensual
 Functional Integrity
need but also evidenced with love
ANATOMICAL VS FUNCTIONAL INTEGRITY and sacramental mystery.

Anatomical integrity – Refers to the The principle of personalized sexuality may


material or physical integrity of the human be stated as follows:
body.
 The gift of human sexuality must be
Functional Integrity – Refers to the used in marriage in keeping with its
intrinsic, indivisible, specifically
systematic efficiency of the human body.
human teleology. It should be loving,
ORGAN TRANSPLANT bodily, pleasurable expression of the
complimentary, permanent self-
Transplanting organs from one living person giving of a man and woman to each
to another is ethically acceptable other, which is open to fruition in
provided that the following criteria are met: perpetuation and expansion of this
personal communion through the
1. There is a serious need on the part family they beget and educate
of the recipient that cannot be
fulfilled in any other way. BIOETHICS AND ITS APPLICATION IN
2. The functional integrity of the donor VARIOUS HEALTH CARE SITUATIONS:
as a human person will not be SEXUALITY AND HUMAN
impaired, even though anatomical REPRODUCTION
integrity may suffer.
3. The risk taken by the donor as an SEXUALLY AND HUMAN REPRODUCTION
act of charity is proportionate to the
good resulting for the recipient. - Human Sexuality and its Moral
4. The donor’s and the recipient’s Evaluation
consents are free and informed. - Marriage
- Issues on Artificial Reproduction, its
PRINCIPLES OF ORDINARY AND Morality and Ethico-moral
EXTRAORDINARY MEANS Responsibility of Nurse
- Morality of Abortion, Rape and
Ordinary Means - ‘usual’ or ‘customary’ for
other Problems related to
physicians to use them for certain diseases, Destruction of Life
such as pneumonia, or certain problems,
such as malnutrition. The Science of Human Sexuality?

Extraordinary Means - ‘unusual’ or Sex - Refers to anatomic sex, male or


‘uncustomary’ for physicians to use them female
for certain diseases or problems.
Sexual - Refers to anatomic structures,
PRINCIPLE OF PERSONALIZED SEXUALITY called sex organs or sexual organs, that
play a role in reproduction or sexual
 Based on an understanding of pleasure.
sexuality as one of the basic traits of

G.T 6
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

Having sex - Refers to physical activities  Orientation


involving our sex organs for purposes of  Self-esteem & confidence level
reproduction, or pleasure  Relationships with family & friends
 Roles as child & adult
Gender - Refers to social or cultural  Perception of self as male/female
categories.
REPRODUCTION - values, attitudes &
Human Sexuality - Refers to the ways in behaviors relating to reproduction
which we experience and express
 Contraception & fertility issues
ourselves as sexual beings.
 Lifestyles
MAKE-UP OF AN INDIVIDUAL’S UNIQUE  STIs (including AIDS)
SEXUAL BEING  Anatomy & physiology
 Morality issues
 Physical
SEXUALIZATION - use of sexuality to
 Psychological
influence, control or manipulate
 Social
 Cultural  Style of dress
 Spiritual  Appearance & body language
FIVE FEATURES OF SEXUALITY  Advertising
 Movies, talk shows & media
 Sensuality  Harassment & sexual assault
 Intimacy  Paraphilias (voyeurism,
 Sexual Identity exhibitionism)
 Reproduction
Values
 Sexualization

SENSUALITY - awareness and acceptance VALUES: the qualities in life which are
of our own body deemed important or unimportant, right, or
wrong, desirable, or undesirable
 knowledge of anatomy &
physiology MORAL VALUES: relate to our conduct with
 understanding sexual response and treatment of other people, more than
 body image just right or wrong, looks at the whole
 satisfaction of skin hunger picture
 attraction template
 fantasy SEXUAL MORAL VALUES: relate to the
rightness and wrongness of sexual conduct
INTIMACY - experiencing emotional and when and how sexuality should be
closeness to another expressed

 Caring SOURCES OF SEXUAL VALUES: we acquire


 Sharing our sexual values from our social
 Risk taking
environment
 Vulnerability
 Self- disclosure VALUE SYSTEM FOR MAKING SEXUAL
SEXUAL IDENTITY - process of discovering DECISIONS
who we are in terms of sexuality
- Legalism
 Gender roles - Situational ethics
- Ethical relativism

G.T 7
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- Hedonism death; their blood shall be upon


- Asceticism them.
- Utilitarianism - 17: And if a man shall take his sister,
- Rationalism his father’s daughter, or his mother’s
daughter, and see her nakedness,
LEGALISM
and she see his nakedness; it is a
wicked thing; and they shall be cut
- The legalistic approach formulates
off in the sight of their people: he
ethical behavior based on a code
hath uncovered his sister’s
of moral laws derived from an
nakedness; he shall bear his iniquity.
external source, such as a religion.
- 18: And if a man shall lie with a
- The Hebrew and Christian Bibles
woman having her sickness and shall
contain many examples of the
uncover her nakedness; he hath
moral code of the Jewish and
discovered her fountain, and she
Christian religions.
hath uncovered the fountain of her
Book of Leviticus (20:10 – 17) blood: and both shall be cut off from
among their people.
- 10: And the man that committed
adultery with another man’s wife, SITUATIONAL ETHICS
even he that committed adultery
- Episcopal theologian Joseph
with his neighbor’s wife, the
Fletcher (1966) argued that ethical
adulterer and the adulteress shall
decision making should be guided
surely be put to death.
by love for others rather than by rigid
- 11: And the man that lieth with his
moral rules, and that sexual decision
father’s wife hath uncovered his
making should be based on the
father’s nakedness: both shall surely
context of the situation that the
be put to death; their blood shall be
person faces.
upon them.
- “The situationist is prepared in any
- 12: And if a man lies with his
concrete case to suspend, ignore, or
daughter in law, both shall surely be
violate any principle if by doing so
put to death: they have wrought
he can effect better than by
confusion; their blood shall be upon
following it” (1966, p. 34)
them.
- 13: If a man also lies with mankind, as SITUATION ETHICS
he lieth with a woman, both have
committed an abomination: they - Joseph Fletcher in ‘situation ethics
shall surely be put to death; their captured the mood of 1960’s when
blood shall be upon them. approaches to sex and relationships
- 14: And if a man takes a wife and her became freer – because of
mother, it is wickedness: they shall be contraceptive pill
burnt with fire, both he and they; - Situation ethics seeks equal
that there be no wickedness among treatment of everyone and acts out
you. of love. Sex is a genuine expression
- 15: And if a man lie with a beast, he of love.
shall surely be put to death: and ye - Situation ethics has one Primary
shall slay the beast principle – agape for Unconditional
- 16: And if a woman approach unto love; not love as an emotion but the
any beast, and lie down thereto, love That put what is best for the
thou shalt kill the woman, and the other person first.
beast: they shall surely be put to

G.T 8
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- N.B. This is not easy when applied in


practice when strong feelings and
physical drives take over UTILITARIANISM
- Situation ethics rejects free love like
natural law and Kantian ethics. Utilitarian reasons for having sex:
Rejecting one nightstand, orgies etc.
1. The value of pleasure
ETHICAL RELATIVISM 2. The contribution which shared
pleasure makes to the value of a
- Assumes that diverse values are relationship
basic to human existence. 3. That consensual sex creates much
- Ethical relativists reject the idea that good, and, if harm to another
there is a single correct moral view person is avoided, provides the
about subjects as diverse as wearing greatest happiness for the greatest
revealing clothing, masturbation, number.
premarital sex, oral sex, anal sex, - Utilitarian view to sex is called
contraception, and abortion. libertarian. More than a
contractarian approach which
CULTURAL RELATIVISM
emphasizes the importance of
- One form of ethical relativism. mutual voluntary informed consent.
- From this perspective, what is right or - Bentham - if there is mutual consent
wrong must be understood in terms for pleasure sex is not wrong if both
of the cultural beliefs that affect partners are willing. He also asked
sexual decision making. whether such a relationship harmed
society/caused unhappiness, either
HEDONISM physical or moral (Undermining
marriage, fidelity etc.)
- Guided by the pursuit of pleasure, - Sex is immoral if one or both of those
not by whether a particular behavior involved lack a knowledgeable
is morally or situationally justified. consent. i.e., a man having sex with
- “If it feels good, do it” expresses the 15-year-old illegal immigrant
hedonistic ethic. desperate for money. This is immoral
ASCETICISM many prostitutes have been forced
into it.
- Religious celibates, such as Roman
UTILITARIANISM & SEX
Catholic priests and Buddhist monks,
choose asceticism (self-denial of - John Stuart Millsstresses the value of
material and sexual desires) to liberty, sex should be a matter of
devote themselves to spiritual individual choice, without state
pursuits. interference. However, we should try
UTILITARIANISM to seek higher pleasures and the
goal of ethics is to seek the
- The English philosopher John Stuart happiness of all by taking their needs
Mill (1806– 1873) proposed an into account
ethical system based on - Masturbation, homosexuality, and
utilitarianism —the view that moral bisexuality is tolerated. However, if
conduct is based on that which will everyone was a homosexual it
bring about “the greatest good for would harm society.
the greatest number” (Mill, 1863) - Harm principle – (an act or
consequence is morally permissible if

G.T 9
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

no harm is done) is important to wife, children, parents and so on to


utilitarianism especially in extra- engage in extra-marital activities.
marital affairs – short-term pleasure - Neither can homosexuality be
will produce long term pain. Etc. universalized since every
homosexual is conceived through a
RATIONALISM
heterosexual relationship – although
artificial insemination could change
- Rationalism is the use of reason to
this.
determine a course of action.
- Kant does not see sex within
- The rationalist believes that decisions
marriage as wrong, the purpose of
should be based on intellect and
marriage is NOT PROCREATION, but
reason rather than emotions or faith.
a union of two people of different
sexes. Sex is morally acceptable in a
monogamous relationship
- You should not use humans to an
end i.e., prostitution.
- Sexual pleasure is only allowed when
service more valuable goals such as
marriage

VIRTUE ETHICS

- Rosalind Hursthouse – A Virtuous


person is one who exercises the
virtues in circumstances
- Michael Slote – Emphasis ethics of
Aquinas – Natural Law care in relationships, requires a sort
of 3-way balance as far as sex and
- Aquinas concluded that the relationships: 1) care for those who
purpose of sexual organs and sexual are near to us (intimate care) 2) care
activity was procreation, and any for other people in general
other use of sex was intrinsically (humanitarian care) 3) care for our
wrong. Sex is only in marriage. own well-being (self-care)
- View of Catholic Church. - Virtue ethics looks from the
- He attempted to unite Aristotle with standpoint of the individual and his
Christian theological – looking at or her personal qualities, virtue, and
end purpose –telos. ideas.
1) Sex is wrong if it does not coincide - Virtue Ethics Points to the values of –
with the act of procreation – love commitment, honesty, loyalty,
Masturbation, bestiality, friendship, pleasure. Vices –
homosexuality, and foreplay are all exploitation and selfishness.
immoral. - Virtue Ethics would consider what
2) Sexual acts can be morally wrong kind of sexual practices will tend to
even if it is natural – i.e., incest, rape, make a person more virtuous – those
or adultery that involve taking pleasure in giving
Kant – categorical imperative oneself to another and developing
intimacy and commitment, less
- A husband who commits adultery virtuous- those that use others for
cannot want extra-marital sex to be one’s own pleasure.
universal law unless he wants his

G.T 10
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

ISSUES TODAY IN CHRISTIAN ETHICS ability to bear children and


perpetuate the species (Fichner-
- Today the unitive role of love is a Rathus, 2013).
comparatively modern element, - As people grew aware of the male
and the role of sex in marriage as an role in reproduction, phallic worship
expression of that love is also now (worship of the penis) sprang into
recognized. Even sexual pleasure is being.
seen as a gift from God in - The penis became glorified in art as
heterosexual marriage. (See song of a plough, ax, or sword. Phallic
Solomon) symbols played roles in religious
- Richard Holloway points out, that the ceremonies in ancient Egypt.
Bible is being used for the possible - The incest taboo may have been
split of the Church over ordination of the first human taboo.
gay bishops. Holloway states that
the impetus for social reform comes THE ANCIENT HEBREWS
from society and not the Church.
- The ancient Hebrews viewed sex, at
- Jack Dominion states that sex is not
least in marriage, as a satisfying
dangerous and should only be used
experience intended to fulfill the
for procreation. Sex is so powerful
divine command to “be fruitful and
and meaningful that justice can only
multiply.”
be done to it in a continuous and
- The ancient Hebrews believed that
enduring relationship.
sex helped strengthen marital bonds
- He accepts cohabitation,
and solidify the family.
premarital sex and even accepts
- According to the Book of Proverbs, a
homosexual sex if it is in a loving
good wife rises before dawn to tend
relationship. He sees the church as
to her family’s needs, brings home
having to rethink ideals.
food, instructs the servants, tends the
- There is a big divide today with
vineyards, makes the clothes, keeps
homosexuality. The rejects
the ledger, helps the needy, and
homosexuality stating it is an
works well into the night.
abomination. However, the Bible
also says you shouldn’t mix milk with THE ANCIENT GREEKS
meat. Of which most Christians
ignore - Greeks valued family life, but Greek
men also admired the well-
PERSPECTIVES ON HUMAN SEXUALITY
developed male body and enjoyed
nude wrestling in the arena.
 Historical
- Erotic encounters and off-color jokes
 Biological
characterized the plays of
 Evolutionary
Aristophanes and other playwrights.
 Cross-species
- The Greeks held that the healthy
 Cross-cultural
mind must dwell in a healthy body.
 Psychological
They cultivated muscle and
 Sociocultural
movement along with mind.
HISTORICAL PERSPECTIVE - Three aspects of Greek sexuality are
of particular interest to our study of
- Prehistoric Sexuality: From Female sexual practices in the ancient
Idols to Phallic Worship world: male–male sexual behavior,
- Art produced in the Stone Age pederasty, and prostitution.
suggests the worship of women’s

G.T 11
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- The Greeks viewed people as - Christians, like Jews before them,


bisexual. Male–male sex was demanded virginity of brides
deemed normal and tolerated so (MacCulloch, 2011).
long as it did not threaten the - Prostitution was condemned.
institution of the family. - The goal of procreation should
- Pederasty means love of boys. govern sexual behavior—the spirit
- Prostitution flourished at every level should rule the flesh.
of society. Prostitutes ranged from - Saint Augustine (353–430 CE)
refined courtesans to concubines, associated sexual lust with the
who were usually slaves. original sin of Adam and Eve in the
Garden of Eden. Lust and shame
THE WORLD OF ANCIENT ROME
were passed down through the
generations.
- Julius Caesar is reputed to have
been bisexual— “a man to every
woman and a woman to every
man.” ISLAM
- Other emperors, such as Caligula,
sponsored orgies at which guests - The Islamic tradition treasures
engaged in sexual practices marriage and sexual fulfillment in
including bestiality and sadism. marriage.
- Romans disapproved of male–male - Premarital sex and adultery invite
sexual behavior as a threat to the shame and social condemnation
integrity of the Roman family. - Islamic tradition permits a sexual
- Western society traces the roots of double standard
many of its sexual terms to Roman
INDIA
culture, as indicated by their Latin
roots. - Hindu sexual practices were
- Fellatio, for example, derives from codified in a sex manual, the Kama
the Latin fellare, meaning “to suck.” Sutra, which illustrates sexual
- Cunnilingus derives from cunnus, positions, some of which would
meaning “vulva,” and lingere, “to challenge a contortionist.
lick.”
- Fornication derives from fornix, an THE FAR EAST
arch or vault.
- To the Taoist masters of China, who
THE EARLY CHRISTIANS influenced Chinese culture for
millennia, sex was a sacred duty—a
- Early Christian views on sexuality form of worship that led toward
were largely shaped by Saint Paul harmony with nature and
and the church fathers in the first immortality.
century and by Saint Augustine in - The Chinese culture was the first to
the latter part of the fourth century. produce a detailed sex manual,
- Adultery and fornication were which came into use about 200
rampant among the upper classes years before the birth of Jesus.
of Rome at the time, and early - Taoists believed that it was wasteful
Christian leaders began to associate for a man to “spill his seed.”
sexuality with sin (MacCulloch, Masturbation, acceptable for
2011). women, was ruled out for men.
Sexual practices such as anal
intercourse and oral–genital

G.T 12
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

contact (fellatio and cunnilingus) THE VICTORIAN PERIOD


was permissible.
- Same-sex activity was not prohibited - Victorian society in Europe and the
by Taoist holy writings, but some United States, on the surface at
Taoists frowned on exclusive least, was prim and proper.
homosexuality. - Sex was not discussed in polite
society.
CHRISTIANITY IN THE MIDDLE AGES - Many women viewed sex as a
marital duty to be performed for
- The attitudes of the Roman Catholic
procreation or to satisfy their
Church toward sexuality, largely
husbands’ cravings.
unchanged since the time of
- It was widely believed among
Augustine, dominated medieval
medical authorities in England and
thought (Crawford et al., 2011)
the United States that sex drains the
- There were two conflicting concepts
man of his vitality
of woman: One was the woman as
- Prostitution flourished during the
Eve, the temptress; the other was the
Victorian era.
woman as Mary, virtuous and pure.
- Same-sex sexual behavior was
THE PROTESTANT REFORMATION considered indecent in Victorian
society.
- Martin Luther disputed many Roman
Catholic doctrines on sexuality.
- He believed that priests should be
FOUNDATIONS OF THE SCIENTIFIC STUDY OF
allowed to marry and rear children.
SEXUALITY
- To Luther, marriage was as much a
part of human nature as eating or - The English physician Havelock Ellis
drinking. (1859–1939) published a veritable
- John Calvin rejected the Roman encyclopedia of sexuality between
church’s position that sex in 1897 and 1910, Studies in the
marriage was permissible only for Psychology of Sex.
procreation. He believed that sexual - The influential German psychiatrist
expression in marriage also Richard von Krafft-Ebing (1840–1902)
strengthened the marriage bond described case histories of people
and helped relieve the stresses of with sexual deviations in his book,
everyday life. Psychopathia Sexualis (1886)
COMING TO AMERICA - Sigmund Freud (1856–1939), was
developing a theory of personality
- Early settlers brought to North that has had an enormous influence
America the religious teachings that on modern culture and science.
had dominated Western thought - Alfred Kinsey (1894–1956), an
and culture for centuries. Indiana University zoologist,
- A woman’s place, by and large, was conducted the first large-scale
in the home and in the fields. studies of sexual behavior in the
- Not until 1833, when Oberlin College 1930s and 1940s.
opened its doors to women, were
THE SEXUAL REVOLUTION
women permitted to attend college
in the United States. - The period of the mid-1960s to the
mid-1970s is often referred to as the
sexual revolution.

G.T 13
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- The sexual revolution gained - More teenagers are sexually active


momentum from a timely interplay today, and at younger ages, than
of scientific, social, political, and they were a couple of generations
economic forces. The war (in ago (Russell et al., 2012).
Vietnam), the bomb (fear of the - In addition to premarital sex, two
nuclear bomb), the pill (the other features of the sexual
introduction of the birth control pill), revolution have become
and the mass media (especially permanent parts of our social fabric:
television) were four such forces. the liberation of female sexuality
and a greater willingness to discuss
GAY ACTIVISM sex openly.
- All societies have some form of an
- Gay activism mushroomed during
incest taboo.
the sexual revolution.
- Most societies place a value on
- Not only did gays become more
procreative sex within the context of
voluble in demanding equal rights,
an enduring relationship, usually in
but they also began gay parades in
the form of marriage.
major cities, such as the annual
parades in San Francisco and New THE BIOLOGICAL PERSPECTIVE
York’s Greenwich Village.
- In the early 1980s, gay people also - Focuses on the roles of genes,
built social institutions to tackle the hormones, the nervous system, and
problem of HIV/AIDS, which afflicted other biological factors in human
gay males disproportionately. sexuality.
- Study of the biology of sex informs us
SEX RESEARCH about the mechanisms of
reproduction as well as of the
- Shere Hite published controversial
mechanisms of sexual arousal and
books based on magazine surveys,
response.
but her popularity fell when it
became clear that 3,000 magazine THE EVOLUTIONARY PERSPECTIVE
readers did not represent the
country, or even all readers of the - Scientists look to evolution to help
magazine. explain such variability (Buss &
- Morton Hunt conducted a Schmitt, 2011).
telephone survey financed by - The English naturalist Charles Darwin
Playboy in the 1970s, and he (1809–1882) showed that current
claimed to find a populace more species of animals and plants
sexually liberal than in Kinsey’s day. evolved from other life-forms
- In the 1960s, Masters and Johnson through natural selection, or
were condemned by many as “survival of the fittest.”
destroying the moral fabric of the - New variations in species can also
nation—a complaint like those be introduced through random
leveled earlier against Kinsey. genetic changes called mutations.
- Today, research on sexual behavior - Traits are transmitted by units of
continues, with more valid methods heredity called genes.
of sampling the population and a - Some scientists suggest that there is
largely jaded citizenry. also a genetic basis to social
behavior, including sexual behavior,
RECENT TRENDS among humans and other animals
(Buss & Schmitt, 2011).

G.T 14
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

THE EVOLUTIONARY PERSPECTIVE AND species, such as birds, fish, or lower


EROTIC PLASTICITY mammals.
- Experience and learning play more
- Consider the concept of “erotic important roles in sexuality as we
plasticity” (Baumeister, 2000), which travel up the evolutionary ladder.
addresses the fact that in response
to various social and cultural forces, SOCIOLOGICAL PERSPECTIVES
people show different levels of sex
- In Sex and Temperament in Three
drive and express their sexual desires
Primitive Societies (1935), Mead laid
in a variety of ways.
the groundwork for recent
- There is evidence that women show
psychological and sociological
greater erotic plasticity than men do
research challenging gender role
(Baumeister, 2000; Yost & Thomas,
stereotypes.
2011).
- In such cultures, men are perceived
ALTRUISM as strong, active, independent, and
logical. Women are viewed as
- In evolutionary terms, his “altruism”— passive, dependent, nurturing, and
his personal sacrifice—is adaptive if emotional.
it increases the chances that the - In 1951, Clellan Ford, an
offspring will survive and carry his anthropologist, and Frank Beach, a
genes. psychologist, reviewed sexual
- In other species, it may be adaptive behavior in almost 200 preliterate
for fathers to “love them and leave societies around the world. They
them”—that is, to mate with as many found great variety in sexual
females as possible and abruptly customs and beliefs.
abandon them to “plant their seed” - Kissing was quite common although
elsewhere. not universal.
- The frequency of sexual intercourse
GENDER DIFFERENCES IN PREFERRED
also varies from culture to culture,
NUMBER OF SEX PARTNERS
but intercourse is relatively more
frequent among young people
- Some evolutionary psychologists
everywhere.
argue that men are naturally more
- Societies differ in their attitudes
promiscuous than women because
toward childhood masturbation.
they are the genetic heirs of
- Societies differ widely in their sexual
ancestors whose reproductive
success was related to the number attitudes, customs, and practices.
of women they could impregnate PSYCHOLOGICAL PERSPECTIVES
(Buss & Schmitt, 2011).
- Sigmund Freud and Psychoanalytic
THE CROSS – SPECIES PERSPECTIVE
Theory
- Sigmund Freud, a Viennese
- The study of other animal species
physician, formulated a grand
places human behavior in broader
theory of personality termed
context.
psychoanalysis.
- Cross-species research reveals an
- Freud believed that we are all born
interesting pattern. Sexual behavior
with biologically based sex drives
among “higher” mammals, such as
that must be channeled through
primates, is less directly controlled by
socially approved outlets if family
instinct than it is among the “lower”
and social life are to carry on without

G.T 15
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

undue conflict. 1990) emphasized the importance


of rewards and punishments in the
learning process.
- Behaviorists Learning theorists who
argue that a scientific approach to
understanding behavior must refer
only to observable and measurable
behaviors.

COGNITIVE VIEWS

- Cognitive psychologists emphasize


the importance of cognitive activity.
- Observational learning refers to
ACCORDING TO FREUD acquiring knowledge and skills
through observing others
- Each person’s approach to sex and
- According to social–cognitive
relationships is based on their
theory, children acquire the gender
upbringing and their relationship
roles deemed appropriate in a
with their parents.
society through reinforcement of
- He suggests that sexual personality
gender-appropriate behavior and
may be found at the core of moral
through observing the genderrole
personality – how we behave
behavior of their parents, their peers,
towards sexual partners both
and other models on television, in
influences and mirrors how we
films, in books, and so on
perceive and interact with people in
general. – failure to learn to control FEMINIST THEORY
the pursuit of sexual pleasure
undermines the achievement of - The Greek philosopher Aristotle is
virtuous character. said to have described a female as
- We have a Super-ego – an inner a deformed male.
voice reminding us of social norms - Feminism and feminist theory are
which comes from parents and born against ideas such as those of
authority figures in society. – we Aristotle’s—ideas that remain with us
need this voice to live ethically in today in many if not most parts of the
society. world (Petersen & Hyde, 2010).
- As a result of the superego rules
FEMINIST THEORY CHALLENGES
about sex and relationships change
dependent upon cultures.  Traditional views of men as
- Oedipus and castration complex – breadwinners and women as
The wants to sleep with his mother homemakers
but doesn’t because she has no  Traditional views of men as
penis, therefore his father political policymakers, especially
(according to the child’s mind) has since those policies affect
chopped his mother’s penis off. He women and children
will then submit to his father. His urges  Traditional views of men as
will only be later directed to his wife. sexual “aggressors” and women
LEARNING THEORIES as sexual “gatekeepers”
 Traditional gender roles that
- Behaviorists such as John B. Watson view men as objective and
(1878–1958) and B. F. Skinner (1904–

G.T 16
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

rational, and women as “surrender” yourself to me, and I


emotional and irrational thereby acquire you, which “you”
includes the “me” that you have
QUEER THEORY
acquired, we each surrender but
then reacquire ourselves.
- Queer theory challenges several
commonly held assumptions about VATICAN DECLARATION ON SOME
gender and sexuality, such as the QUESTIONS IN SEXUAL ETHICS
assumptions that heterosexuality is
normal and superior to One of the Vatican’s arguments against
homosexuality (Semp, 2011). premarital sex:
- Queer theory also challenges the
assumption that people are 1. Nonmarital sex cannot
naturally divided into heterosexuals “guarantee” the sincerity and
and homosexuals (Downing & fidelity of the relationship, nor
Gillett, 2011). protect it against changes in desire.
- According to queer theory, the 2. Marriage can guarantee these
concepts of heterosexuality and things
homosexuality are social constructs 3. Sex is permissible only if it takes
that ignore commonly experienced place in a context where
mismatches among people’s commitment is guaranteed.
anatomic sex, society’s gender 4. Sex outside of marriage (including
roles, and individuals’ sexual desires premarital sex) is not permissible
(Downing & Gillett, 2011). (that is, morally wrong).

SEXUAL MORALITY AND MARRIAGE

KANT’S DEFINITION OF MARRIAGE SEX OUTSIDE OF MERIAGE

- [Marriage] is an agreement What are the underlying issues?


between two persons by which they
grant each other equal reciprocal - Are sexual relations a matter of a
rights, each of them undertaking to contract OR
surrender the whole of their person - A matter of historical existentially
to the other with a complete right of grounded human beings?
disposal over it. The central issue for me is the vulnerability
Sex within marriage is about the whole that occurs during intimacy.
person and not simply the genitals, sexual
Reminding: This is a PHILOSOPHICAL
desire, and pleasure. How does this work?
discussion [religious precepts may base a
- This is how Soble starts to approach prohibition of pre-marital sex on the bible,
this question: or other religious teachings.]
- But because the acquisition [of
BELLIOTI: SEXUAL INTERCOURSE BETWEEN
another through sex] in marriage is
reciprocal, each person regains his CONSENTING ADULTS IS ALWAYS
or her personhood (and hence does PERMISSIBLE
not lose it, after all). When I
- He argues that Sexual Relations are
“surrender” myself to you, and you
contractual nature
thereby acquire me, but you also

G.T 17
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- This means the act is morally wrong - Rape is intrinsically immoral because
only if it involves: the participation of one party is
 Deception involuntary
 Promise-breaking - He argues that rape is possible within
 Exploitation marriage. Because of lack of
consent.
BELLIOTI ARGUES FROM A KANTIAN
- Bestiality raises the question of
POSITION whether an animal is an object, or
whether it has interests that are not
1. It is never right to treat another human
advanced by the act.
being as a “mere means.”
- Necrophilia is immoral because of
 To treat a person as a “mere
involuntary participation
means” is t o make them
 Some argue a dead person is
into an object.
an object
 People are to be “equal
 But we do honor requests
subjects of experience.”
beyond the grave – and this
2. Sexual relations are CONTRACTUAL in
“object” once was a person- so
nature.
“it” is not a “mere object”.
 This involves the notion of
reciprocity = that none of us BELLIOTI: FINAL COMMENTS
is self-sufficient
 “Voluntary agreement of - The role of religion: Belliotti is not
both parties to satisfy the providing a religious argument, but
expectations of the other.” he notes that religious convictions
3. Voluntary contracts incur a moral have become part of society’s
obligation to provide/fulfill that which moral code.
they have agreed to.  Note: Remember that Kant
4. And that promise-breaking and has shifted the “command”
deception are immoral actions. of the moral law from God to
 One argument against the human reason.
contractual view is that the - On Belliotti’s analysis “teasing”
feelings of intimacy involved without the intention to fulfill is
make the contract a bad immoral on his contractual view of
model. sexual relations.
 Belliotti replies that all this shows
is that it “may well be” the most
important contract that people PUNZO: SEXUAL INTERCOURSE SHOULD
make
ALWAYS BE CONFINED TO MARRIAGE
5. He says we need to be careful in
assuming what the other has offered. - Punzo argues that sex is different
6. His conclusion: from other human activities
 Sex is immoral if and only if it because it involves EXISTENTIAL
involves deception, promise- INTEGRITY:
breaking and/or treating the  What dies he mean by
other party as a “mere means” “existential integrity”?
to one’s own ends. - He asks whether having sexual
Examples relations is no different from any
other event-choice that we make –
like choosing a dinner from a menu
or which movie to attend?

G.T 18
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

PUNZO ARGUES THAT  Sexual union is not simply a


matter of being honest [the
1. There is a distinctive nature to sexual contract model]
relations that makes them different
from other activities or relationships MARRIAGE AS A TOTAL HUMAN
we engage in. It is a matter of COMMITMENT
CONTEXT
 In sexual relations you give Punzo makes a distinction between “pre-
your bodies over – it is not a ceremonial” intercourse and “pre-marital”
contractual relation intercourse.
2. The reason we can say all human
 People can be “morally married”
activities are alike is the acquisitive
without a ceremony BUT
character of our society.
 The ceremony is part of the
 The contract model “works”,
if this is the way we view “historicity” of the relationship – this
acknowledges that they do not
human sexual relations – as a
exist in a vacuum.
form of acquisition.
 The marriage ceremony “roots”
PUNZO CONTINUED.. them in the world in which they live.
[Hence the gay/lesbian desire for
- He believes that we need to face marriage.]
the nature of sexual relations
“squarely” and directly. VATICAN DECLARATION ON SOME
 The human self is historical as QUESTIONS IN SEXUAL ETHICS
well as physical – the role of
the past and the future. - The Vatican also argues against
 This is an existential the morality of masturbation, in
understanding of the human much the same way it argues
self against homosexual activity.
- Notice the reliance on the idea
IF WE AGREE THAT THE HUMAN SELF IS that the sexual organs have a
HISTORICAL THEN proper function, and thus,
sexual activity does as well.
- It is not possible to amputate our - Do they have such a function?
bodily existence from the most If they do, does the Vatican
intimate expression of our selfhood. correctly identify that function?
 To do this is a form of
“depersonalization.” JOHN CORVINO, “WHY SHOULDN'T
 Sexual relations are not TOMMY AND JIM HAVE SEX?”
simply a PHYSICAL merging,
but a merging of the non- - In this article, Corvino attempts to
physical dimensions of the refute two kinds of arguments
partners. against homosexuality: those that
- Without a commitment to marriage appeal to its being unnatural, and
there is an amputation of their those that appeal to its being
physical being from their historical harmful.
being. - To do this, he reformulates the
 The union is unnaturalness argument in five
“depersonalized” ways and objects to each
reformulation.

G.T 19
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

THE FIVE DISCUSSED MEANINGS OF violates the requirement that B's


“UNNATURAL”: sexual involvement with A be based
on B's voluntary informed consent.”
1. Unnatural = unusual or abnormal - Deception (either through lying or
2. Unnatural = not practiced by other withholding information) violates
animals the “informed” aspect of this
3. Unnatural = does not proceed in requirement.
accordance with innate desires - Coercion (either through physical
4. Unnatural = violates an organ's force or threats) violates the
principal purpose “voluntary” aspect of this
5. Unnatural = disgusting or offensive requirement.
JOHN CORVINO, “WHY SHOULDN'T TOMMY THOMAS A. MAPPES, “SEXUAL MORALITY
AND JIM HAVE SEX?” AND THE CONCEPT OF USING ANOTHER
PERSON”
- Corvino also responds to harm-
based arguments against - A third way to violate the
homosexuality. requirement: exploitation.
- One version of this argument claims - Offers are proposals to reward an
that homosexual activity harms the individual for compliance; they do
person who performs that activity. not propose punishment for
- Another version claims that noncompliance. When the reward
homosexual activity harms other, is something the individual
nonconsenting parties desperately needs, then the offer is
- The final version Corvino mentions coercive. Exploitation is taking
claims that homosexuality harms advantage of an individual's
society desperate situation.
- Offers differ from threats, since
THOMAS A. MAPPES, “SEXUAL MORALITY
threats do propose punishment for
AND THE CONCEPT OF USING ANOTHER
noncompliance, and they do not
PERSON”
propose any reward for
compliance.
- Mappes' article is an application of
Kant's Humanity Formulation of the RAJA HALWANI, “VIRTUE ETHICS AND
Categorical Imperative to the ADULTERY”
question of when it is wrong to
sexually interact with another - Halwani applies a version of virtue
person. ethics to reach his conclusion that
- The Humanity Formulation of the adultery is often—but not always—
Categorical Imperative: wrong.
 “It is morally wrong for A to - Halwani's main argument, then,
use B merely as a means to appeals to the following principle of
achieve A's ends.” virtue ethics:
- An action is wrong if and only if (and
THOMAS A. MAPPES, “SEXUAL MORALITY
because) it is what a virtuous agent
AND THE CONCEPT OF USING ANOTHER
would not do.
PERSON”
- After providing some reasons to
accept this argument, Halwani
- Mappes' main principle of sexual
then tries to explain adultery is,
morality:
generally speaking, not something
- “A sexually uses B if and only if A
a virtuous agent would do.
intentionally acts in a way that

G.T 20
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

ONE WAY TO UNDERSTAND HALWANI'S sex; it is fundamentally about


CENTRAL ARGUMENT: reproduction and the continuation
of society.
1. Love and exclusive commitment
are constituents of a marriage.
2. Given the connection between MAGGIE GALLAGHER, “NORMAL
love, commitment, and sex, sexual MARRIAGE: TWO VIEWS
fidelity is an ideal in marriage.
3. If fidelity is an ideal in marriage, a Gallagher provides several considerations
virtuous person would strive to against the relationship view:
realize it and would avoid
engaging in activities that are 1. It erodes the idea that there is a
contrary to this ideal. special connection between a
4. An action is wrong if and only if (and child and his/her biological parents
because) it is what a virtuous agent that explains the parents'
would not do. Thus, obligations to their child.
5. Adultery is wrong. 2. It cannot make sense of the state's
traditional regulation of marriage.
RAJA HALWANI, “VIRTUE ETHICS AND
3. Legalizing same-sex marriage on
ADULTERY”
the basis of the relationship view
would have bad consequences for
- A few details about Halwani's view:
society.
- Halwani accepts that there are
possible cases where adultery is not MAGGIE GALLAGHER, “NORMAL
wrong. This makes Halwani's MARRIAGE: TWO VIEWS
conclusion non-absolutist.
- This is because while fidelity is an Gallagher provides several considerations
ideal, according to Halwani, there for the public view:
could be cases where the virtuous
agent would decide that there is 1. Adopting this view is necessary for
sufficient reason to not seek this the survival of society.
ideal. 2. Adopting this view would have
- Halwani also claims that his good consequences for children,
argument applies not just to who need to be raised by married
marriages, but to committed opposite-sex couples to thrive.
romantic relationships generally. 3. Even if the law reflects this view
(and it should) by not allowing
MAGGIE GALLAGHER, “NORMAL” same-sex marriage, same-sex
MARRIAGE: TWO VIEWS couples could still enjoy many of
the legal benefits that married
The two views of what normal marriage is,
couples do.
according to Gallagher:
EVAN WOLFSON, “ENOUGH MARRIAGE TO
1. The relationship view: Marriage is an SHARE”
essentially private relationship
whose fundamental aim is to - Wolfson replies directly to
enhance the personal well-being of Gallagher.
the married partners. - He quotes several legal and
2. The public view: Marriage is a public scientific sources to express his view
bond and sexual institution that:
between members of the opposite

G.T 21
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

1. There is no reason to believe that assured that their children will not
same-sex couples are generally not be affected by the condition or
as capable of successfully raising carry the defective gene. Fertilized
children as opposite-sex couples. ova are examined for possible
2. Denying same-sex marriage has no disease before being implanted in
benefits but many costs (especially the uterus; those that are diseased
to same-sex couples and children would not be implanted
of these couples). - As wonderful as this may seem,
3. Marriage is not necessarily about concerns exist regarding what
procreation. some would call the misuse of IVF.
4. There is little or no reason to think - In Italy, a 62-year-old woman
that legalizing same- sex marriage became pregnant using donated
would have serious negative eggs and IVF before implantation in
consequences. her uterus. She gave birth by
cesarean section in 1994.
ISSUES ON ARTIFICIAL REPRODUCTION, - A 59-year-old woman in England
ITS MORALITY AND ETHICO-MORAL delivered twins by this method.
RESPONSIBILITY OF NURSES - A record was set for what is thought
to be the oldest woman to give
birth to a healthy infant, when it was
announced in April 1997 that a 63-
year-old woman had given birth via
cesarean section on November 7,
1996.
- The woman, married and previously
childless, is said to have told doctors
she was 50 and had medical
records attesting to that age. (The
medical center where the IVF
occurred sets an age limit of 55 on
accepting patients.) A donor egg
and the husband’s sperm were
used for the IVF (Roan, 1997).
- In January 1994, the French Senate
IN VITRO FERTILIZATION
opted to prohibit the use of
- In 1978 in England, much attention reproductive options in certain
focused on the birth of the first child cases (Capron, 1994).
who was conceived in a test tube, - One can readily identify some of
a process referred to as in vitro the difficulties in starting the
fertilization (IVF). mothering process at age 62 or 63,
- When the number of implanted not the least of which would be
embryos is too great, consideration living long enough to see the child
is given to aborting several of them reach adulthood.
to improve the chances of full - Quality-of-life issues also may be
development for the remaining involved. If the mother is 62 when
ones; this creates additional ethical the child is born, she will be 67 or 68
dilemmas for the family. when the child starts school and 75
- Other offshoots of in vitro fertilization when the child becomes a
allow people who are carrying a teenager.
severe genetic disease to be

G.T 22
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- Other concerns focus on the fear through artificial insemination and


that PGD will be used to make to relinquish the baby at birth to
“perfect babies” or for sex others for rearing.
selection, even when there is not a - The term biologic is no longer
medical reason (such as adequate for making some critical
hemophilia, Tay-Sachs, or sickle-cell conceptual distinctions. Macklin
anemia) for such action. (1991, p. 6) states, “The techniques
of egg retrieval, in vitro fertilization
ARTIFICIAL INSEMINATION
(IVF), and gamete intrafallopian
transfer (GIFT), now make it possible
- The planting of sperm in the
for two different women to make a
woman’s body to facilitate
biological contribution to the
conception
creation of a new life.”
- There are two different kinds of
- Macklin further believes that the
artificial insemination:
woman who contributes her womb
 Homologous (Artificial
during gestation is also a biologic
Insemination Homologous—
mother. We find terms such as
AIH), in which the husband’s
genetic mother used to refer to the
sperm is used, and
individual contributing the ovum,
 heterologous (Artificial
and gestational mother used to
Insemination Donor—AID),
refer to the individual who provides
in which a donor’s sperm is
the uterus in which the child
used.
develops. In some instances, the
- Using the husband’s sperm is by far
surrogate mother is both.
the most common and creates the
- Ethically, carrying a child for a
fewest problems legally, ethically,
family member out of love and
and morally. In some instances, the
concern and planning to remain in
sperm from the husband and the
that child’s life as part of the family
sperm from a donor with similar
reflect a commitment to a child
physical characteristics are mixed.
and respect for the personhood of
- Although some religious groups
the child.
may have objections, few concerns
- Most serious conflicts have
arise when the husband’s sperm is
occurred in situations in which a
used. That is not true with donor
woman has been paid to serve as a
sperm.
surrogate mother. A formal,
- If the woman is artificially
contractual relationship is usually
inseminated with donor sperm
established.
without the knowledge and
- The couple who wish to have the
consent of her partner, the
child agree to pay all expenses
problems are multiplied. If
associated with the pregnancy,
conception occurs and the child is
and to pay the surrogate mother an
not biologically that of the
agreed sum for her time and
husband, can one say that adultery
involvement. The contract must be
has occurred? Others suggest that
carefully drawn up because it is
the husband should legally adopt
illegal in all states to sell a child.
the child
SPERM BANKS
SURROGATE MOTHERS
- Sperm banks have been
- A surrogate mother is one who
established in different parts of the
agrees to bear a child conceived
United States for various reasons

G.T 23
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- Men who want to have a 3. Non-malfeasance principle refers


vasectomy may contribute to a to do no harm
sperm bank “just in case” they 4. Justice, also referred to as fairness,
change their minds in the future. describes equity in the distribution
- Men who will be exposed to high of medical resources (Beauchamp
levels of radiation in their work, or and Childress, 2001; Beal and
during treatment of disease, may Cappiello, 2008)
wish to have sperm stored because
In addition, the Code of Ethics for Nurses
radiation may cause mutation of
the genes or result in sterility. This serves the following purposes:
allows them to father children later
 It is a succinct statement of the
without concern about the effect
ethical obligations and duties of
on the sperm.
every individual who enters the
- In most cases, the medical
nursing profession.
community establishes sperm banks
 It is the profession’s nonnegotiable
so that sperm is available for
ethical standard.
artificial inseminations.
 It is an expression of nursing’s own
- In California, a sperm bank was
understanding of its commitment to
started that contains only sperm of
society.
outstanding and brilliant men. The
1.1 RESPECT FOR HUMAN DIGNITY
idea was to create children with this
- A fundamental principle that
sperm who will be genetically
underlies all nursing practice is
endowed with greater intelligence
respect for the inherent worth,
and creativity.
dignity, and human rights of every
- Many find this unacceptable
individual. Nurses take int account
because it brings up the issue of
the needs and values of all persons
creating a super race. Concerns
in all professional relationships.
also have been raised regarding
1.2 RELATIONSHIPS TO PATIENTS
the possible number of offspring in a
- The need for health care is
single community who might be
universal, transcending all
genetically related without
individual differences. The nurse
knowing it.
establishes relationships and
ETHICO-MORAL RESPONSIBILITY OF NURSES delivers nursing services with
respect for human needs and
- The nurse, in all professional values, and without prejudice. An
relationships, practices with individual’s lifestyle, value system
compassion and respect for the and religious beliefs should be
inherent dignity, worth, and considered in planning health care
uniqueness of every individual, with and for each patient. Such
unrestricted by considerations of consideration does not suggest that
social or economic status, personal the nurse necessarily agrees with or
attributes, or the nature of health condones certain individual
problems. There are biomedical choices, but that the nurse respects
ethical principles, which are widely the patient as a person.
accepted in health care: 1.3 THE NATURE OF HEALTH PROBLEMS
1. Respect for autonomy of patient - The nurse respects the worth,
decision-making dignity and rights of all human
2. Beneficence states that positive beings irrespective of the nature of
steps must be taken to help others the health problem. The worth of
the person is not affected by

G.T 24
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

disease, disability, functional status, Nurses must examine the conflicts


or proximity to death. This respect arising between their own personal
extends to all who require the and professional values, the values
services of the nurse for the and interests of others who are also
promotion of health, the prevention responsible for patient care and
of illness, the restoration of health, health care decisions, as well as
the alleviation of suffering, and the those of patients. Nurses strive to
provision of supportive care to resolve such conflicts in ways that
those who are dying. ensure patient safety, guard the
1.4 THE RIGHT TO SELF-DETERMINATION patient’s best interests and preserve
- Respect for human dignity requires the professional integrity of the
the recognition of specific patient nurse.
rights, particularly, the right of self- 4.1 Acceptance of accountability and
determination. Self-determination, responsibility
also known as autonomy, is the - Individual registered nurses bear
philosophical basis for informed primary responsibility for the nursing
consent in health care. Patients care that their patients receive and
have the moral and legal right to are individually accountable for
determine what will be done with their own practice. Nursing practice
their own person; to be given includes direct care activities, acts
accurate, complete, and of delegation, and other
understandable information in a responsibilities such as teaching,
manner that facilitates an informed research, and administration. In
judgment; to be assisted with each instance, the nurse retains
weighing the benefits, burdens, and accountability and responsibility for
available options in their treatment, the quality of practice and for
including the choice of no conformity with standards of care.
treatment; to accept, refuse, or Nurses are faced with decisions in
terminate treatment without the context of the increased
deceit, undue influence, duress, complexity and changing patterns
coercion, or penalty; and to be in the delivery of health care. As the
given necessary support scope of nursing practice changes,
throughout the decision-making the nurse must exercise judgment in
and treatment process. Such accepting responsibilities, seeking
support would include the consultation, and assigning
opportunity to make decisions with activities to others who carry out
family and significant others and nursing care. For example, some
the provision of advice and support advanced practice nurses have
from knowledgeable nurses and the authority to issue prescription
other health professionals. Patients and treatment orders to be carried
should be involved in planning their out by other nurses. These acts are
own health care to the extent they not acts of delegation. Both the
are able and choose to participate. advanced practice nurse issuing
2.2 CONFLICT OF INTEREST FOR NURSES the order and the nurse accepting
- Nurses are frequently put in the order are responsible for the
situations of conflict arising from judgments made and accountable
expectations from patients, for the actions taken.
families, physicians, colleagues,
and in many cases, health care
organizations and health plans.

G.T 25
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

4.2 ACCOUNTABILITY FOR NURSING - Thus, it was sinful to abort, but less
JUDGEMENT AND ACTION sinful to abort a female embryo at
- Accountability means to be 40 days than a male embryo at 40
answerable to oneself and others days
for one’s own actions. To be - In 1896 Pope Pius IX put a blanket
accountable, nurses act under a ban on all forms of abortion
code of ethical conduct that is - However, the Catholic doctrine of
grounded in the moral principles of double effect allowed abortion in
fidelity and respect for the dignity, the case of ectopic pregnancy and
worth, and self-determination of uterine cancer
patients. Nurses are accountable - From the 17th - 19th centuries
for judgments made and actions abortion was considered a religious
taken while nursing practice, offense, but few legal systems
irrespective of health care bothered to prosecute it.
organizations’ policies or providers’ - In the US this changed after the Civil
directives. The Standards apply to War when birthing became
registered nurses who provide
preconception, antepartum,
intrapartum, postpartum, and
MARGARET SANGER (1879 – 1966)
newborn care and to women’s
health. Registered nurses who - She was an American birth control
provide care across the woman’s activist, sex educator, and nurse
life span or targeted to specific who popularized the term birth
ages and stages of development. control.
- In 1921, Sanger founded the
ETHICAL ISSUES OF ABORTION
American Birth Control League,
HISTORICAL OVERVIEW which later became the Planned
Parenthood Federation of America.
- The Bible is silent on the specific
SHERRI FINKBINE (1962)
issue of abortion
- Christianity has always opposed - After taking thalidomide
abortion, but the definition of tranquilizers and learning that they
abortion has changed over time caused severe birth defects Sherri
- In the 5th century the Christian Finkbine wanted a safe abortion
church said celibacy was the - An abortion was scheduled, but the
ideal...but that posed a problem for local D.A. threatened to prosecute
the survival of the church - The Finkbines traveled to Sweden
- So, St. Augustine revised the where the severely deformed fetus
Catholic position to allow sex in was aborted legally
marriage but only for the purpose of - Abortion had been legal in Sweden
procreation...this abortion was since 1940
wrong because it defeated the
purpose of sex ROE V. WADE, 1973
- By the 12th century Christian
doctrine differentiated between - Jane Roe, a.k.a. Norma McCorvey
the “formed” and “unformed” was a woman living in Dallas, Texas,
embryo where abortion was illegal
- Thomas Aquinas taught that God - She wanted a safe abortion
ensouled male embryos at 40 days performed by a physician in a
and female embryos at 90 days clinical setting, so she challenged

G.T 26
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

Texas state law, suing for the that “PBA” is never necessary to
constitutional right to an abortion maintain the health of the mother.
- The Supreme Court, in a 7 to 2
PERSONHOOD VS. VIABILITY
decision, said that Texas abortion
laws were unconstitutional because
- When does personhood begin?
it violated the 14th Amendment’s
- Is viability too nebulous a term given
Right to Privacy and Due Process
the fact that neonatal technology
However, the court recognized is constantly advancing?
circumstances in which states could pass - Does it matter...if a woman does
abortion laws: not want a baby is that the end of
the issue?
 If the fetus was viable, meaning
FOREIGN ANTI-ABORTION LAWS
potentially able to exist outside the
mother’s womb, albeit with artificial There are only six countries where abortion
aid is not allowed or performed under any
 Viability at that time was assessed
circumstances
at about 7 months (28 weeks) but
could be pushed as far forward as  Chile
24 weeks.  El Salvador
FORMS OF ABORTION  Malta
 Nicaragua
- Abdominal trauma  The Philippines
- Methotrexate Injection  Vatican City
- Suction Aspiration
FOREIGN PRO-ABORTION LAWS
- Dilation and Evacuation
- Prostaglandins Injection - China has practiced forced
- Saline Amniocentesis (Salt abortions as a means of population
Poisoning) control since the 1970s
- Hysterectomy - Couples are allowed one child, but
- “Partial Birth” Abortion in rare cases a couple is allowed a
Partial Birth Abortion second child if they pay a large fine
to the government
- Method of abortion used during the - In the case of rape and unmarried
second or third trimester where the pregnant women forced abortions
fetus partially exits the birth canal, are often practiced
and the physician collapses the
ATTEMPTED ABORTIONS RESULTING IN LIVE
fetus’ skull then uses delivers a dead
BIRTH
baby
- In the 1990s many states banned - Late-term abortions can sometimes
Partial Birth Abortion result in live births
- In 2000 in the case of Stenberg v. - Most physicians today will rarely
Carhart, the Supreme Court said perform an abortion after 23-week
that Nebraska’s ban was gestation
unconstitutional
- In 2003 Congress responded to the FETAL RESEARCH
Supreme Court’s decision by
passing the Federal Partial Birth - In 1979, Congress banned all
Abortion Ban Act which maintains federally funded research involving
fetuses or embryos

G.T 27
FATHER SATURNINO URIOS UNIVERSITY
BACHELOR OF SCIENCE IN NURSING – 3RD YEAR LEVEL
HEALTH CARE ETHICS
FIRST SEM | MIDTERM | OLIVA ASENDENTE

- This includes late term fetuses, and “conscience clause," which gives
all embryos older than three days pharmacists the right to refuse to
- In 1993 President Clinton lifted the perform certain services based on a
ban on fetal tissue violation of personal beliefs or
research...allowing the tissue from values.
aborted fetuses to be used in - 46 states permit refusal to provide
research if the woman agrees to it abortions, 17 states permit refusal to
after the abortion perform sterilization, and 13 states
permit refusal to provide
THE MORNING AFTER PILL
contraceptives.
- Emergency contraceptive pills
(ECPs)—sometimes simply referred
to as emergency contraceptives
(ECs) or the "morning-after pill"—
are drugs intended to disrupt or
delay ovulation or fertilization,
which are necessary for pregnancy
(contraceptives)

MYFEGYNE (MIFEPRISTONE)

- Ends a pregnancy that is less than 7


weeks along (49 days or less since
the start of your last menstrual
period).
- Originally known as RU-486, it was
approved for abortion in the United
States by the FDA, in September
2000. It is legal and available in all
50 states, Washington, D.C., Guam,
and Puerto Rico. It is a prescription
drug, but it is not available to the
public through pharmacies; its
distribution is restricted to specially
qualified licensed physicians, sold
by Danco Laboratories under the
tradename Mifeprex.

THE CONSCIENCE CLAUSE

- Health provider “refusal clauses”


(also known as "conscience
clauses") were first enacted in
response to the United States
Supreme Court's decision in the Roe
v. Wade case, 410 U.S. 113 (1973)
- Now, the issue is expanding as
pharmacists are refusing to fill
emergency contraception and
contraception prescriptions. This
movement resulted in the term

G.T 28

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