Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts

Sunday, 28 July 2013

This Thing Named Mercy

This Thing Named Mercy

Spring 2016 – Euthanasia has been legalized for 18 months


Lydia was always an image of joy, and had such an influence on others around her that everyone must have, at one time or another, secretly said to themselves “What a beautiful, adorable young girl”. As her doctor, I felt unique and special bond with Lydia because I was one of the few people who had the good fortune of being there from the very beginning of her life – her life and her death – her eleventh birthday. I also knew the truth that her parents continually ignored – Lydia would never get better, or recover. She was going to die like she was – Bill and Jan’s little baby.

Bill and Jan loved their daughter more than their own lives – this was never the question – it was love unyielding, unrelenting, and without compromise. Nevertheless, the pressure that is always associated with the handle and care of a very ill loved-one was taking a heavy toll on the couple, and they were finding themselves in argument more and more as the days and time went on and past. The days passed relentlessly without mercy for these two people, and after 10 years of marriage, the end of their union was visibly, and fast, approaching – but, not if Jan could have a say in the matter.

The two were becoming increasingly overburdened, and increasingly non-responsive to each other, which had lately started to take on form as sympathetic arguments between Bill and Jan – on behalf of Lydia of course. Bill began to talk of removing Lydia from life-support... "... for the sake of Lydia", was how he would begin making his case. Each time Bill started, Jan knew that he secretly desired to stop the torment of the daily hospital visit where he felt his instinctive fatherly omnipotence sanguinely strangled from him – one tiny 6-year old breath, by one tiny 6-year old breath. For Jan it was simple, she would want whatever her husband wanted – she was focusing on trying to save their marriage – they could have another child, nevertheless, she would always create a new and better argument for keeping Lydia on life-support. It is the nature of Jan-the-giver-and-provider of life to abandon nihilism, and embrace undying hope – the hope that life will remain where there still beats a heart.

Lydia was literally a shadow now. She lay in her hospital bed each day slowly being disintegrated by the cancer that ran through her little frame, but the cancer was being denied the satisfaction of the pain it creates by the drugs running through Lydia’s little body just as fast.

At times, during Bill’s visits to Lydia, he would start suddenly from a light dream state – he nodded off often beside Lydia’s bed. But, these lapses of consciousness led to lapses of reason where the day-mares would most times be about somebody entering Lydia’s room and taking her away from him and Jan. These day-mares made Bill feel as though at any moment a nurse could come in and by simply opening the curtain to shed light, it would be that very light that would make Lydia vanish into oblivion. It would be here that Bill would get up, go to the main floor cafeteria, and buy two or three cups of coffee-to-go.

Several weeks more pass.

It was a beautiful mid-May Sunday morning. The bees had taken the morning off because of the rain that had fallen overnight. The air smelled of jasmine, hyacinths, and lilacs, and I could not think of anything else but little Lydia. I left my downtown ground-floor apartment around 1:30PM, but I had not decided if I would be going to the Children’s Hospital as of yet. My actions would soon dispute and disprove that false assumption.

I had spent most of my day in the stupor and the cloud of my discomforting daydreams. I found myself at the nurse’s station at the hospital about 6:00 PM – a "little" past the supper hour. I had unconsciously made the trek on foot – walking around downtown Toronto’s Younge Street for several hours in an unobstructed and uninterrupted daze. I eventually found myself standing at the front of the downtown International hostel – a big building, a tall building, and then recalled that I was only a block or so away from the Children’s Hospital. I made my way there.

The nurse on duty was polite in that subtle Caribbean way. I commented on her perfume and smile, and then I asked her to please refrain from any interruptions because I was going in to see Lydia Denier and I did not want to be disturbed. She, the nurse, complied with a nod saying, “Yes Karen,” and then showed off her lovely bright disarming smile, but the nod and the smile were both without thought of any kind, and behind her bright glassy eyes was the standoffish manner most nurses take when addressing most doctors, including myself. We are two different pedigrees, but inexorably intertwined because of our positions.

When I entered the room, Lydia looked as peaceful, and as quiet as ever. Her bed faced the window, and the light was at such a level that it caused me to reflect on how focused Lydia’s little face appeared. Her eyes blinked fast, and I pictured her somewhere far away, and this brought to my mind a song by the Irish rock group U2 called Kite, and the particular line, “who’s to say where the wind will take you.”

I reached into my coat and took it out. I tapped it twice and stuck it into Lydia’s intravenous tube, and after the syringe emptied into the tube, I stared at this little girl’s frail arm, and I waited. I watched and waited a lifetime lasting 20 seconds then I knew she was dead.

I did not think at that moment I had a choice, or would I allow myself any chance to ponder the little girl’s fate. I as a doctor, who has been granted the ability to save lives, can also assume that I can also be responsible, and, ethical enough, to make the decision as to when enough is enough.

This… this act of mercy eloquently named Euthanasia, cannot be defined with animal logic, or by non-secular terms, but it could only be treated as it ought to be treated – objectively, and without bias. Nevertheless, Lydia’s face is the last thing I see before I fall asleep, and it is the first thing I see when I awake, but I am able to live with what I have done – there is no sense of wrong or sin.

Saturday, 9 February 2013

Diary Of A Madman?: The Manifesto of Christopher Jordan Dorner





To View or Download "The Manifesto of Christopher Jordan Dorner": click here.

We've become used to the fact that we live in an imperfect Society. It’s actually the reality of the imperfections that we’ve actually become accustomed to. Be it a Massacre in Newtown, or an Aurora movie theater; the recent “buzz” over Drone strikes abroad, or the fact that the United States has a Veteran suicide rate of 22 Personnel a day. That’s one Service Member every 65 minutes… still hasn’t sunk in… Let me try a little harder... OVER 8000 VETERAN/SERVICE PERSONNEL DEATHS PER YEAR!
It’s just unconscious knowledge that, if what we are told is correct, if we all work hard, tell the truth, then good things will come to those who follow “… a prolonged obedience in one direction.” (Nietzsche: Beyond good and Evil: 1973; Eng trans), but there are some exceptions to this rule apparently.
Christopher Jordan Dorner would like to point out that he is one of those exceptions. He feels outraged, wronged, and there is a manhunt out for this man to stop him before he makes even more examples of his uniqueness to getting “screwed over”.
Quote:
… you who personally know me are in disbelief to hear from media reports that I am suspected of committing such horrendous murders and have taken drastic and shocking actions in the last couple of days. You are saying to yourself that this is completely out of character of the man you knew who always wore a smile wherever he was seen. I know I will be vilified by the LAPD and the media. Unfortunately, this is a necessary evil that I do not enjoy but must partake and complete for substantial change to occur within the LAPD and reclaim my name.

We’ve all heard “what’s in a name”, but C. J. Dorner seems to have convoluted… diluted the sense of the quote to fit a purpose that just seems a little extreme to say the least. He may not lead a country, but he is quite literally a one-man army. He has skill-sets that have the LAPD so on edge that they have been opening fire at
Shadows and Grannies.
Description: Image

Quote:
A name is more than just a noun, verb, or adjective. It’s your life, your legacy, your journey, sacrifices, and everything you’ve worked hard for every day of your life as an adolescent, young adult and adult. Don’t let anybody tarnish it when you know you’ve live up to your own set of ethics and personal ethos.

The previously mentioned skill-set is an extensive military background, that includes Counter-Terrorism Training,
EOD Training, Sniper Training, Special Teams, and the list of training goes on.

Dorner wrote in his lengthy manifesto:
Quote:
I know your TTPs (techniques, tactics, and procedures). Any threat assessments you generate will be useless. This is simple. I will mitigate all risks, threats and hazards. I assure you that Incident Command Posts will be target rich environments.

Quote:
“He knows what he's doing," L.A. Police Chief Charlie Beck told reporters yesterday "We trained him. He was also a member of the armed forces. It is extremely worrisome and scary, especially for the police officers involved.

Recent incidents, attacks on LAPD, have become a standard bearer for Dorner… stealth, lethality, then attack, and following in the footsteps of his peers, LAPD Riverside Police Chief Sergio Diaz has been provoking Dorner, as the Police Chief called the slaying a "cowardly ambush" and said Dorner is suspected of opening fire with a rifle about 1:30 a.m. Thursday as he pulled up to the officer and his partner at a street light.
This attack, if
Dorner’s Manifesto is any indication, is just the beginning of “the end to LAPD’s corruptive policies and actions” towards good, honest, and hard-working law-abiding citizens.
Quote:
...[I've] exhausted all available means at obtaining my name back. I have attempted all legal court efforts within appeals at the Superior Courts and California Appellate courts. This is my last resort. The LAPD has suppressed the truth and it has now led to deadly consequences. The LAPD’s actions have cost me my law enforcement career that began on 2/7/05 and ended on 1/2/09. They cost me my Naval career which started on 4/02 and ends on 2/13. I had a TS/SCI clearance (Top Secret Sensitive Compartmentalized Information clearance) up until shortly after my termination with LAPD. This is the highest clearance a service member can attain other than a Yankee White TS/SCI which is only granted for those working with and around the President/Vice President of the United States. I lost my position as a Commanding Officer of a Naval Security Forces reserve unit at NAS Fallon because of the LAPD. I’ve lost a relationship with my mother and sister because of the LAPD. I’ve lost a relationship with close friends because of the LAPD. In essence, I’ve lost everything because the LAPD took my name and new I was INNOCENT!!! XXXX, XXXX, XXXX, and XXXX all new I was innocent but decided to terminate me so they could continue Ofcr. XXXX. I know about the meeting between all of you where XXXX attorney, XXXX, confessed that she kicked XXXX (excessive force). Your day has come.

Christopher Jordan Dorner is incredibly upset and disturbed… and don’t say “How do you know!!!” I know a person is disturbed when they declare war on Society, and repeatedly say that,

Quote:
Self-Preservation is no longer important to me. I do not fear death as I died long ago on 1/2/09. I was told by my mother that sometimes bad things happen to good people. I refuse to accept that.

I can’t comment at how bad this could get, and I certainly don't agree with Dorner's way of protesting, but if RAMBO, by Sylvester Stallone, is any indication, then LA and the surrounding area is about to become Hope BC all over again.

To View or Download "The Manifesto of Christopher Jordan Dorner click here.

Saturday, 2 February 2013

Counsellor To A Student...

Dear CC,

I'm glad you saw me in my office earlier today, and I`m really happy we had our talk.

First, there really are no quick fixes, no shortcuts, but you have to accept this before you can start moving on to an healing phase.

School??? I know exactly how you feel, at the High School level, and at the University level. I had goals for graduating and a plan laid out for me when I started the 11th grade, but two and a half months into it I had to quit because of bullying - it really was that bad. I suspect it had alot to do with my health as well, in that I was small, sickly, never competed in Gym because of my health, and that kind of stuff gets around and eventually you become a target - Grades 8, 9, and 10 came at me like a Banshee with the proverbial hair-brush... but the day I went home I simply said I quit and I'm not going back until something's changed - I already had an idea it was me, but I just stayed quite so I didn't need to start spilling my guts about my big plan. I took the year off, started exercising as my Dr laid it out for me, and took up a couple hobbies. Sure, I wasn't graduating with friends that I'd known for the better part of a decade, but I went back, made new friends, felt good about myself, and what's most important, GRADUATED.
I never went to my Graduation though. We were always dirt poor, and I mean DIRT POOR; couldn't afford the Tuxedo rental, the Dinner, and the kind of ride that I would've needed for my Prom date. I just got "violently ill" those couple of days. No harm no foul.
As for University, my plans got seriously screwed up... I'm not sure if I'll ever get them back on track, but I've got my degrees, and I did the work, with amazing grades. You wanna talk about attendance due to health??? I've literally had semesters, five in all, completely wiped from my perm. record because of my attendance, my health was seriously flawed and I'm surprised that I've got through five years of post-secondary, but it's all good, because I knew from experience, that this was simply a given in my life, and these things will happen, you can only hope for the best, always the best. Patience...
Throughout the last 10/15 years, I've spent alot of time in Hospitals across my country because of my health. BUT, I was always going to make it because half the fight was already won in just knowing that in toughing the hard crap out, you've got the tough crap beat.
I've never let my health prevent me from doing, and getting what I want or felt I needed. I am a Bona Fide Martial Arts expert, with competition experience at the National and International level, and I've never missed the podium. I have an amazing education, and I've been in the Gym the last couple of years getting back in shape doing the weights and Yoga - I really like the Yoga. I've been told I look good, but I know how I feel, and that's good.
What I guess I could share is that you've got to set yourself up with something to say to yourself when you find yourself in certain situations... I have sayings that I recite almost everyday here's a few of them;
Stance, Attitude, Combinations, Ruthlessness, Timing Beats Speed... if you really think about it, you can apply this anywhere anytime.
Another one that I say to myself when I find I don't have the energy or motivation to get things done is... Do the work and things will work out right. I know it's kinda silly, but these work for me...
One I share with a fellow Martial Artist, Renzo Gracie, is "I'd rather have a broken arm than tap-out" This one is one that oozes "Persevere" an incredibly powerful word, that this quote says to me, and I say to myself when I feel like grabbing my ball and just going home.
I guess what the message here is that these things that you are going through now, right now, are not forever... they are temporary; they are not what defines you as an individual but what is going to help make the definition of you when you come out on top on the other side.
One thing I should say, and I say it with caution because I don't wanna offend you, but you sound depressed, and that's something I know a 'little' about. You might want to think about that, because I learned a long long time ago that... 1. I am not alone with my problems - I don't have to be if I don't want to be... 2. I'm no good to anybody if I'm no good to myself, and this is all about my health. My physical, and my mental well being is my first concern... always.
You've got some amazing experiences ahead of you... hell, sometimes I wish I could go back and do some stuff again, but, guess what? It always finishes with the words "... but with my present Brain and knowledge, and all my experiences."
You're young. You should start that diary now, cuz this thing, Life, is a helluva ride, and somebody's gonna wanna read all about it...
Cheers
:thumbup:

Saturday, 31 March 2012

Euthanasia


Euthanasia
There are what I consider as being two perfect ‘killing machines’ on this planet; Viruses, and the Human species. Any form of life that resides higher than Porifera on the food chain – (Sponges) is intrinsically instilled with a will for survival. We Humans, have debated as to whether we have the right to end that survival voluntarily, whether or not that debate is logically sound, or filled with non sequitur arguments. This debate is about death. Death is not pretty. Death does not hold that dignified Shakespearean glory that vacillates between tragedy and triumph. Death is ugly. When we die, we all lose control of our bodily functions; the last strained groan for breath falls short, and it is in that moment that we will all realize that Death is the teasingly loneliest act in our regrettably short plays. Whether Euthanasia is done through voluntary or involuntary assertion, we deserve the option of not dying this ugly, and this lonely.  I argue that we all have the right to die with dignity, even though there is no "Dignity"; there is nothing to be proud about... YOU LOSE! I will give you the answers to questions regarding the practice of Euthanasia, and, if decriminalization, or the legalization of this option can be provided with guarantees of it not becoming an abused privilege if we take our lessons who know what they are talking about.
Whether we agree or disagree, many people who are in constant suffering, or are, or have been diagnosed as being terminally ill in today’s society, want to die. I know this is true through drawing on personal past experiences. How and when we die, and for the “correct” reasons is what is constantly being debated. When we hear stories of a teenager in high school who kills himself or herself because they have trouble with their sexuality, or when a person kills himself or herself because of body image, or he or she are being bullied, or are having trouble at home is wrong (physical abuse/sexual abuse/alcohol abuse). It becomes a cat-and-mouse game with a turmoil experienced by virtually every youth in their adolescence.
Doctors are trained to care; they are sworn to care – Hippocrates assured us of this promise. There are Doctors for the depressed; high school years will pass; people become accepting of one another as they grow older, and attitudes, and beliefs adapt and evolve to the expectations of societal morals and standards.
Nevertheless, there are people in our society who want to die, regardless of what society can do for them – existence for these people is just too painful, and unbearable. I put to you then that it is our duty and moral obligation to assist these people as much as we can. Many, many people are very repulsed by this idea, and there are many people who completely agree with the concept of euthanasia. Nevertheless, the fact remains that – eventually, at some point in time, in some corner of this country’s political history – the issue will have to be formally addressed within a socially acceptable environment, and resolved amicably.
Many religious people object to euthanasia. Christians object that it is not God’s will to kill someone, and with the current levels of technology, coupled with the application of the most current pharmaceutical relief it is possible to make the prevention of suffering feasible, if doctors have the will. A person’s life is regarded as being God’s property, and, therefore, it is God's to take. Destroying a human life would be an insult to divinity. Furthermore, most civilized Western nations uphold the prohibition on killing because the taking of another human life is considered an ethical guideline that cannot be crossed, or controlled and conditioned through ethical concerns and argumentation, although this is clearly an ethical debate.
Further proclivity against euthanasia is it is not prudent to advocate the practice of euthanasia. That is to say, eventually, in all our lives, we may suffer some form of pain or discomfit, and if we think far enough ahead, we might think that it is better if the doctors that we depend on are not tempted to practice euthanasia on anybody, particularly ourselves. Like all medical procedures, euthanasia can fail, or bring additional suffering. Some people will claim, and some people have claimed, that if euthanasia is legalized, doctors will begin to provide peer-pressure that will force people into euthanistic scenarios for any number of reasons some being to reduce medical costs, or because their family wants them to die. Many people will be influenced that they will be saving their family the exorbitant medical costs – none of these are coercive arguments, and they should not disqualify any individual from providing their consent. Many doctors speak against euthanasia by stating that death is diametrically opposed to any Physician’s primary function, and it is an immoral action vis-à-vis their Hippocratic Oath. If a doctor is trained to both cure, and kill, then a doctor will be placed in a position where they would, or could, be continuously asked to provide their judgment as to when euthanasia is necessary. In addition, any best effort a physician might be able to provide in saving a Human life might not be exploited.
I would at this time like to provide some history regarding humanity’s precocious relationship with death. The death penalty has been practiced for all of recorded history ... and then sum. Humans have no problem justifying murder through acts of war – just or otherwise; as an act self-defense, or as a genuine religious practice. Muslims have continued the practice of stoning a person to death until as recently as seven months ago. In medieval Europe, methods of execution would depend on the social class of the condemned. The nobility would usually be executed in as painless and honourable a method as possible, generally with an axe (which occasionally, gruesomely failed). Those in the working class, serfs, peasants, and possibly the bourgeoisie would usually be executed publicly, in a more gruesome and painful method of execution, typically by hanging or by the wheel. Specific crimes would sometimes warrant specific methods of execution: suspected witchcraft, religious heresy, atheism, or homosexuality would usually be punished by burning an individual at the stake. Unsuccessful assassinations of royalty warranted a horrible, and prolonged death.
Several years ago, I wrote on Capital Punishment and the Canadian Penal system. After reflecting on that paper, and doing a more thorough research on the topic, a glaring fact remained; the removal of capital punishment from the Canadian Criminal Code in 1976 has not led to an increase in the murder rate in this country (Canada). Statistics Canada has reported that the murder rate for 2003 was the lowest it has been since 1967 (1.73 murders for every 100,000 population).
This brings me to my first issue – that of responding to the false assumptions that the legalization of Euthanasia will provide a starting point for unmerited, wanton, and uncontrolled acts of sanctioned murder of all walks of the human race – from the depressed to the terminally ill. The assumption that Euthanasia would induce family, friends, and doctors to kill those individuals that do not measure up to the status quo standardized assessment of what society would term as being ‘normal’ if Euthanasia becomes legalized. People would be forced into positions where decisions that warranted deaths of any individual would be based on virtually interminable arguments of legal costs, or the burdens that the sick, or perhaps our own health, places on us individually, or on our loved ones.
Arguments of fear have been used as a ‘logical’ response in the opposition’s argument against Euthanasia. Visions of Swastikas marching down the corridors of hospitals, or ‘Centers for Dispensation of Burdens’ will crop up on every corner of our cities, or religious wars will rise up because we would be disgraces to God, have been cited as a ‘sound’ basis for argument. All of this oppositional saber rattling fills this seemingly endless debate. What is interminable, with respect to this debate, is the complete lack of objectivity, and logic that is being brought to the table of euthanistic discussion. Emotions are freely used as logical qualifiers in support of a personal and emotional issue. Nevertheless, the use of emotion does not provide the ethically stable background that is required in addressing an issue that is as complex, and as divisive as euthanasia. Emotion provides psychological instability in the decision-making processes that need to be exercised in determining whether a person “who has made the request to die” be allowed to follow through with this most permanent course of action.
What are the complexities surrounding the debate of Euthanasia? On examination, I submit that this is not as complicated an issue as what has been reported through the press, religion, or political media have been presenting. Most of the complexity lies in the underlying fabric that often is overlooked with, or through the power of propagandizing the debate. There are incentives with being associated with the ‘talks’. They can be attributed to popularizing a political candidate or their party; institutionalizing the association between religion and state; or granting the right to exclaim that ‘murder is murder’, no matter what face has been embellished upon it – freedom of speech. These practices lead dogs by their tails to borrow an expression. That is to say, the arguments bring no support in lieu of the opponent’s point of view, but only serve as a means to an ends, and the ends justify opposition to Euthanasia. If we are skilled enough artisans in the art of rhetoric, we can see through this tangled skein of argument, and that these positions serve as ulterior self-serving motives. Why, now you ask, have I taken the stance that Euthanasia is not a complex debate? It is simple. Remove the emotion from the decision making process. Supply as much support as needed or not needed to the people who wish to die, and the imposition of safeguards would, hopefully, eliminate any possibility of abuses being made in selection processes.
Establish a network of support for friends and families specifically tailored for the person about to die. Remove any ability to interfere, or any power of decision-making from the above-mentioned groups, and people who have agendas, and we are left with a clearly logical approach to Euthanasia. This is a simple and clearly dignified way for a person to end their life – without outside interference. It is, after all, these most closely related parties mentioned above that would be most affected by the death process. Death with dignity is, after all, the only request that these individuals are wanting to achieve, and that is also, I should assert here, what we would all like to receive should a day such as one requesting, or having a loved one make a decision, to terminate a life befalls any one of us. What do my suggestions yield? Proper decisions would be made with respect to care-providers, and the exhaustion of any other possible courses of action that could be undertaken. Terminally ill; Incurable; Otherwise insufferable predicaments will be addressed with the assurance that the most has been done, and the most will be done to comfort any individual faced with giving up life, and those who are left to deal with its aftermaths.
Supporting evidence – actual case studies – exist. These are found in the following examples set by the countries of Australia, Belgium, and Holland that practice voluntary/involuntary Euthanasia, and Physician Assisted Suicide (PAS).
These countries exercise Euthanasia and PAS with the following methods and practices. Voluntary euthanasia is a form of euthanasia wherein an individual requests euthanasia - either during illness or before, if it is suspect that complete incapacitation is expected. Euthanasia in these cases differs from suicide by existing only within the context of the amelioration of suffering in the process of death. Volition must be informed and free. This means that any decisions made will have been done so without undue duress or influence from another party. Euthanasia that deemed as Non-voluntary is practiced when an individual lacks sentience – the individual is comatose, or legal brain death has occurred – and hence this person is incapable of deciding, or distinguishing, between life and death. It is such a person who cannot consent, or cannot give an informed decision, that distinguishes this type of euthanasia as non-voluntary. This form is often applied when any possible chances for recovery is not a possibility. The Rights of the Terminally Ill Act of 1995 legalized euthanasia in Australia’s Northern Territory. However, this law soon became ineffective because of amendments made by the Commonwealth’s Northern Territory’s Self-Government Act of 1978. Nevertheless, three people had been already been legally euthanized, but this was before the Commonwealth government had made their amendment.
After extensive debate in the Belgian parliament, Euthanasia became legal in September 2002. It was estimated that several thousand illegal acts of euthanasia were being carried out in Belgium each year. Belgium’s new legislation involves a complicated process, with critics labeling these political efforts as an attempt to establish a Bureaucracy of Death. Nevertheless, euthanasia is now legal, and its proponents in Belgium hope that it will stop the illegal practice of mercy killing.
In The Netherlands, the Termination of Life on Request, and Assisted Suicide Act, legalizing Euthanasia and PAS in certain circumstances, took effect on April 1, 2002. This law permits euthanasia and PAS when each of the following conditions is stringently obeyed:
            The patient has asked repeatedly
                The patient's suffering is unbearable with no prospect of improvement
                The doctor has, prior to the act, consulted a colleague.

Doctor’s must also report the cause of death to the coroner in accordance with provisions of the Burial and Cremation Act. A committee then assesses whether the case of termination of life on request, or assisted suicide has been carried out in full compliance, and with all due criteria of care. The legislation offers an explicit recognition of the validity of written consent, or declarations of the will of the patient regarding euthanasia – this is referred to as a ‘Living Will’.
Such wills are permitted when a patient falls into a coma, or is otherwise unable to state whether they want to be euthanized.
Nevertheless, Euthanasia remains a criminal offense in the Netherlands in cases not meeting the review committee’s approval, as well as the law's specific conditions. There are exceptions with respect to several situations that are not subject to the restrictions of the law at all, because they are considered as being normal medical practices:
            Stopping or not starting a medically useless treatment
                At the patient's request stopping or not starting a treatment
                Speeding up death as side-effect of treatment necessary for alleviating serious suffering

From the time that euthanasia first came to be widely practiced in the Netherlands, it was formally subject to review by boards of doctors in each hospital. The law essentially defined what had already been assumed as an unofficial law because of the outcomes of past judicial proceedings in Netherlands’s courts. In 2003, in the Netherlands 1626 cases were officially reported of euthanasia in the sense of a physician causing death (1.2 % of all deaths). Usually the sedative sodium thiopental is intravenously administered to induce a coma, and after making sure the patient is in a deep coma, typically after some minutes, a muscle relaxant is administered to stop the breathing and cause death. Officially reported were also 148 cases of PAS (0.1 % of all deaths), usually by drinking a strong barbiturate cocktail. During this procedure, there must be a doctor present for the two following reasons:
                To make sure the potion is not taken by a different person, by accident (or, theoretically, for "unauthorized" suicide or perhaps even murder)
                To monitor the process and be available to apply the combined procedure mentioned below, if necessary.

There is on Netherlands’ records, two cases where a doctor has been reprimanded for not being present while the patient drank the barbiturate cocktail. They did not realize that their attendance was mandatory. Forty-one cases were reported to combine the two procedures where in these cases a patient will drink the potion, but the poisonous cocktail does not cause death. After a few hours, or earlier in the case of vomiting, the muscle relaxant is administered to cause death.
I have cited very strong examples where Euthanasia has been practiced, and is being practiced without the horrors of where Nazi Germany applied the term "euthanasia" as a reference to the systematic killing of the populations’ disabled children and adults under the T-4 Euthanasia Program. The Netherlands in particular, is truly familiar with the atrocities inflicted by the Nazis during the Second World War. I, yet, have not been witness to reports of wanton murder and uncontrollable murder, and I am reasonably sure that this most civilized country is taking all precautions necessary for the prevention of such acts.
Canada has been experiencing legal challenges to the prohibition of Euthanasia, as well as PAS. In recent years, we have seen the cases of where, on January 28, 2005, Marcel Tremblay of Kanata, Ontario held a press conference to announce plans to kill himself, saying his life with pulmonary fibrosis was unbearable. After attending his own living wake, the 78-year-old man committed suicide. He had previously said he, “would be surrounded by his wife and adult children”, while he placed a bag over his head and filled it with helium. Tremblay said that he publicized his suicide plans to help change laws over assisted suicide. Tremblay’s lawyer stated that the police were satisfied that Tremblay had been of a sound mind, and that authorities would not intervene in Tremblay’s effort to end his own life. Canada decriminalized committing suicide, and the attempt to commit suicide in 1972.
In the early 1990s, 42-year-old Sue Rodriguez, who had Amyotrophic Lateral Sclerosis – known as ALS, or Lou Gehrig's disease, fought to overturn the law against all assisted suicide in Canada. Rodriguez lost her court battle, but she died by assisted suicide through the help of an anonymous doctor. Canada's Criminal Code makes assisted suicide illegal, but suicide legal. Persons found guilty are punishable with up to 14 years in prison. The case of Sue Rodriguez is a truly heartbreaking story. Through her documentary, I witnessed a propagandized power struggle between the powers of the political, religious, and uninformed, and Sue Rodriguez was a pawn in her struggle for a dignified death. I confess that my heart was completely shattered when she said these words while trying to take her medications; “I am so tired”. With respect, I too am vulnerable to the emotions that are involved with a person who wants to die. Nevertheless, do we need to be that weak; that repulsively beautiful; that strong and vulnerable at the same time, before our right to die with dignity, and with a free conscience is granted to us? I believe that I have answered that question.
To summarize further on the insolence with which, and how we view such an incredibly important issue, and how we accept the treatment of this issue by such industries as media, the recent death of Terri Schiavo, it would appear, was simply the flavour of the month with them. I regrettably must confess here, and I believe that it truly is through no fault of my own, that I had to use the Internet because I could not remember Terri Schiavo’s name. My reasons being, I became so disgusted with how American media was treating Schiavo’s plight, that the forced me into a position where I completely stopped watching television, and reading papers, magazines, or any internet news. I was disgusted at the abuse of her dignity.


[1] This reference is to the use of Wikipedia, and their very informative article on the history of the death penalty. The article can be found at http://en.wikipedia.org/wiki/Capital_punishment.

Just War


Just War

Principles of the Just War


Ø  A just war can only be waged as a last resort. All non-violent options must be exhausted before the use of force can be justified.
Ø  A war is just only if it is waged by a legitimate authority. Even just causes cannot be served by actions taken by individuals or groups who do not constitute an authority sanctioned by whatever the society and outsiders to the society deem legitimate.
Ø  A just war can only be fought to redress a wrong suffered. For example, self-defense against an armed attack is always considered to be a just cause (although the justice of the cause is not sufficient--see point #4). Further, a just war can only be fought with "right" intentions: the only permissible objective of a just war is to redress the injury.
Ø  A war can only be just if it is fought with a reasonable chance of success. Deaths and injury incurred in a hopeless cause are not morally justifiable.
Ø  The ultimate goal of a just war is to re-establish peace. More specifically, the peace established after the war must be preferable to the peace that would have prevailed if the war had not been fought.
Ø  The violence used in the war must be proportional to the injury suffered. States are prohibited from using force not necessary to attain the limited objective of addressing the injury suffered.
Ø  The weapons used in war must discriminate between combatants and non-combatants. Civilians are never permissible targets of war, and every effort must be taken to avoid killing civilians. The deaths of civilians are justified only if they are unavoidable victims of a deliberate attack on a military target.

Historically, the just-war tradition—a set of mutually agreed rules of combat—commonly evolves between two similar enemies. When enemies differ greatly because of different religious beliefs, race, or language, war conventions have rarely been applied. It is only when the enemy is seen to be a people with whom one will do business in the following peace that tacit or explicit rules are formed for how wars should be fought and who they should involve. In part the motivation is seen to be mutually beneficial—it is preferable to remove any underhand tactics or weapons that may provoke an indefinite series of vengeance acts. Nonetheless, it has been the concern of the majority of just war theorists that such asymmetrical morality should be denounced, and that the rules of war should apply to all equally; that is, just war theory should be universal.
The just-war tradition is as old as warfare itself. Early records of collective fighting indicate that some moral considerations were used by warriors. They may have involved consideration of women and children or the treatment of prisoners. Commonly they invoked considerations of honour: some acts in war have always been deemed dishonourable, whilst others have been deemed honourable. Whilst the specifics of what is honourable differ with time and place, the very fact of one moral virtue has been sufficient to infuse warfare with moral concerns.
The just war theory also has a long history. Whilst parts of the Bible hint at ethical behavior in war and concepts of just cause, the most systematic exposition is given by Saint Thomas Aquinas. In the Summa Theologicae Aquinas presents the general outline of what becomes the just war theory. He discusses not only the justification of war, but also the kinds of activity that are permissible in war. Aquinas's thoughts become the model for later Scholastics and Jurists to expand. The most important of these are: Francisco de Vitoria (1486-1546), Francisco Suarez (1548-1617), Hugo Grotius (1583-1645), Samuel Pufendorf (1632-1704), Christian Wolff (1679-1754), and Emerich de Vattel (1714-1767). In the twentieth century it has undergone a revival mainly in response to the invention of nuclear weaponry and American involvement in the Vietnam war. The most important contemporary texts include Michael Walzer's Just and Unjust Wars (1977), Barrie Paskins and Michael Dockrill The Ethics of War (1979), Richard Norman Ethics, Killing, and War (1995), Brian Orend War and International Justice (2001) and Michael Walzer on War and Justice (2001), as well as seminal articles by Thomas Nagel "War and Massacre", Elizabeth Anscombe "War and Murder", and a host of others, commonly found in the journals Ethics or The Journal of Philosophy and Public Affairs.
Since the terrorist attacks on the USA on 9/11 academics have turned their attention to just war once again with international and national conventions developing and consolidating the theoretical aspects of the conventions - just war theory has become a popular topic in International Relations, Political Science, Philosophy, Ethics, and Military History courses. Conference proceedings are regularly published, offering readers a breadth of issues that the topic stirs: e.g., Alexander Moseley and Richard Norman, eds. Human Rights and Military Intervention, Paul Robinson, ed., Just War in a Comparative Perspective, Alexsander Jokic, ed., War Crimes and Collective Wrongdoing. What has been of great interest is that in the headline wars of the past decade, the dynamic interplay of the rules and conventions of warfare not only remain intact on the battlefield but their role and hence their explication have been awarded a higher level of scrutiny and debate. Generals have extolled their troops to adhere to the rules, soldiers are taught the just war conventions in the military academies, yet war crimes continue - genocidal campaigns have been waged by mutually hating peoples, leaders have waged total war on ethnic groups within or without their borders, and individual soldiers or guerilla bands have committed atrocious, murderous, or humiliating acts. Yet increasingly, the rule of law - the need to hold violators and transgressors responsible for their actions in war - is making headway onto the battlefield. In chivalrous times, the Christian crusader could seek absolution for atrocities committed in war; today, the law courts are less forgiving. Nonetheless, the idealism of those who seek the imposition of law and responsibility on the battlefield (cf. Geoffrey Robinson's Crimes Against Humanity (1999)), often runs ahead of the traditions and customs that demean or weaken the justum bellum that may exist between warring factions. And in some cases, no just war conventions exist at all. In such cases, the ethic of war is considered, or is implicitly held to be, beyond the norms of peaceful ethics and therefore deserving a separate moral realm where "fair is foul and foul is fair" (Shakespeare, Macbeth I.i). In such examples (e.g, Rwanda 1994), a people's justification of destructiveness and killing to whatever relative degree they hold to be justifiable in this amoral world, triumphs over attempts to establish the laws of peaceful interaction into this separate bloody realm, and in some wars, people fighting for their land or nation prefer to pick up the cudgel rather than the rapier, as Leo Tolstoy notes in War and Peace (Book 4.Ch.2), to sidestep the etiquette or war in favour securing their land from occupational or invading forces.
Against the just war (justum bellum) are those of a skeptical persuasion who do not believe that morality can or should exist in war. There are various positions against the need or the possibility of morality in war. Generally, consequentialists and act utilitarians may claim that if victory is sought then all methods should be employed to ensure it is gained at a minimum of expense and time. Arguments from 'military necessity' are of this type; for example, to defeat Germany in World War II, it was deemed necessary to bomb civilian centers, or in the US Civil War, for General Sherman to burn Atlanta. However, intrinsicists may also decree that no morality can exist in the state of war, for they may claim it can only exist in a peaceful situation in which recourse exists to conflict resolving institutions. Or intrinsicists may claim that possessing a just cause (the argument from righteousness) is a sufficient condition for pursuing whatever means are necessary to gain a victory or to punish an enemy. A different skeptical argument, one advanced by Michael Walzer, is that the invention of nuclear weapons alters war so much that our notions of morality—and hence just-war theories—become redundant. However, against Walzer, it can be reasonably argued that although such weapons change the nature of warfare they do not dissolve the need to consider their use within a moral framework.
Whilst sceptical positions may be derived from consequentialist and intrinsicist positions, they need not be. Consequentialists can argue that there are long-term benefits to having a war convention. For example, by fighting cleanly, both sides can be sure that the war does not escalate, thus reducing the probability of creating an incessant war of counter-revenges. Intrinsicists can argue that certain spheres of life ought never to be targeted in war; for example, hospitals and densely populated suburbs. The inherent problem with both ethical models is that they become either vague or restrictive when it comes to war. Consequentialism is an open-ended model, highly vulnerable to pressing military needs to adhere to any code of conduct in war: if more will be gained from breaking the rules than will be lost, the consequentialist cannot but demur to military necessity. On the other hand, intrinsicism can be so restrictive that it permits no flexibility in war; whether it entails a Kantian thesis of respecting others or a classical rights position, intrinsicism produces an inflexible model that would restrain warrior's actions to the targeting of permissible targets only. In principle such a prescription is commendable, yet the nature of war is not so clean cut when military targets can be hidden amongst civilian centers.
Against these two ethical positions, just war theory offers a series of principles that aim to retain a plausible moral framework for war. From the just war (justum bellum) tradition, theorists distinguish between the rules that govern the justice of war (jus ad bellum) from those that govern just and fair conduct in war (Jus In Bello). The two are by no means mutually exclusive, but they offer a set of moral guidelines for waging war that are neither unrestricted nor too restrictive. The problem for ethics involves expounding the guidelines in particular wars or situations.
The principles of the justice of war are commonly held to be: having just cause, being declared by a proper authority, possessing right intention, having a reasonable chance of success, and the end being proportional to the means used. One can immediately detect that the principles are not wholly intrinsicist nor consequentialist—they invoke the concerns of both models. Whilst this provides just war theory with the advantage of flexibility, the lack of a strict ethical framework means that the principles themselves are open to broad interpretations. Examining each in turn draws attention to the relevant problems.
Possessing just cause is the first and arguably the most important condition of jus ad bellum. Most theorists hold that initiating acts of aggression is unjust and gives a group a just cause to defend itself. But unless 'aggression' is defined, this proscription is rather open-ended. For example, just cause resulting from an act of aggression can ostensibly be responses to a physical injury (e.g., a violation of territory), an insult (an aggression against national honor), a trade embargo (an aggression against economic activity), or even to a neighbor’s prosperity (a violation of social justice). The onus is then on the just war theorist to provide a consistent and sound account of what is meant by just cause. Whilst not going into the reasons of why the other explanations do not offer a useful condition of just cause, the consensus is that an initiation of physical force is wrong and may justly be resisted. Self-defense against physical aggression, therefore, is putatively the only sufficient reason for just cause. Nonetheless, the principle of self-defense can be extrapolated to anticipate probable acts of aggression, as well as in assisting others against an oppressive government or from another external threat (interventionism). Therefore, it is commonly held that aggressive war is only permissible if its purpose is to retaliate against a wrong already committed (e.g., to pursue and punish an aggressor), or to pre-empt an anticipated attack.
The notion of proper authority seems to be resolved for most of the theorists, who claim it obviously resides in the sovereign power of the state. But the concept of sovereignty raises a plethora of issues to consider here. If a government is just, i.e., it is accountable and does not rule arbitrarily, then giving the officers of the state the right to declare war is reasonable. However, the more removed from a proper and just form a government is, the more reasonable it is that its sovereignty disintegrates. A historical example can elucidate the problem: when Nazi Germany invaded France in 1940 it set up the Vichy puppet regime. What allegiance did the people of France under its rule owe to its precepts and rules? An Hobbesian rendition of almost absolute allegiance to the state entails that resistance is wrong; whereas a Lockean or instrumentalist conception of the state entails that a poorly accountable, inept, or corrupt regime possesses no sovereignty, and the right of declaring war (to defend themselves against the government or from a foreign power) is wholly justifiable. The notion of proper authority therefore requires thinking about what is meant by sovereignty, what is meant by the state, and what is the proper relationship between a people and its government.
The possession of right intention is ostensibly less problematic. The general thrust of the concept being that a nation waging a just war should be doing so for the cause of justice and not for reasons of self-interest or aggrandizement. Putatively, a just war cannot be considered to be just if reasons of national interest are paramount or overwhelm the pretext of fighting aggression. However, possessing right intention masks many philosophical problems. According to Kant, possessing good intent constitutes the only condition of moral activity, regardless of the consequences envisioned or caused, and regardless, or even in spite, of any self interest in the action the agent may have. The extreme intrinsicism of Kant can be criticized on various grounds, the most pertinent here being the value of self-interest itself. At what point does right intention separate itself from self-interest? On the one hand, if the only method to secure peace is to annex a belligerent neighbor's territory, political aggrandizement is intimately connected with the proper intention of maintaining the peace. On the other hand, a nation may possess just cause to defend an oppressed group, and may rightly argue that the proper intention is to secure their freedom, yet such a war may justly be deemed too expensive or too difficult to wage; i.e., it is not ultimately in their self-interest to fight the just war. On that account, some may demand that national interest is paramount: only if waging war on behalf of freedom is also complemented by the securing of economic or other military interests should a nation commit its troops. The issue of intention raises the concern of practicalities as well as consequences, both of which should be considered before declaring war.
The next principle is that of reasonable success. This is another necessary condition for waging just war, but again is insufficient by itself. Given just cause and right intention, the just war theory asserts that there must be a reasonable probability of success. The principle of reasonable success is consequentialist in that the costs and benefits of a campaign must be calculated. However, the concept of weighing benefits poses moral as well as practical problems as evinced in the following questions. Should one not go to the aid of a people or declare war if there is no conceivable chance of success? Is it right to comply with aggression because the costs of not complying are too prohibitive? Is it not sometimes morally necessary to stand up to a bullying larger force, as the Finns did when Russia invaded in 1940, for the sake of national self-esteem? Besides, posturing for defense may sometimes make aggression itself too costly, even for a much stronger side. However, the thrust of the principle of reasonable success emphasizes that human life and economic resources should not be wasted in what would obviously be an uneven match. For a nation threatened by invasion, other forms of retaliation or defense may be available, such as civil disobedience, or even forming alliances with other small nations to equalize the odds. Historically, many nations have overcome the probability of defeat: the fight may seem hopeless, but a charismatic leader or rousing speech can sometimes be enough to stir a people into fighting with all their will. Winston Churchill offered the British nation some of the finest of war's rhetoric when it was threatened with defeat and invasion by Nazi Germany in 1940. For example: "Let us therefore brace ourselves to do our duty, and so bear ourselves that, if the British Commonwealth and its Empire lasts for a thousand years, men will still say, 'This was their finest hour.’“ ….And “What is our aim?….Victory, victory at all costs, victory in spite of all terror; victory, however long and hard the road may be; for without victory, there is no survival." (Speeches to Parliament, 1940).
The final guide of jus ad bellum, is that the desired end should be proportional to the means used. This principle overlaps into the moral guidelines of how a war should be fought, namely the principles of Jus In Bello. With regards to just cause, a policy of war requires a goal, and that goal must be proportional to the other principles of just cause. Whilst this commonly entails the minimizing of war's destruction, it can also invoke general balance of power considerations. For example, if nation A invades a land belonging to the people of nation B, then B has just cause to take the land back. According to the principle of proportionality, B’s counter-attack must not invoke a disproportionate response: it should aim to retrieve its land. That goal may be tempered with attaining assurances that no further invasion will take place. But for B to invade and annex regions of A is nominally a disproportionate response, unless (controversially) that is the only method for securing guarantees of no future reprisals. For B to invade and annex A and then to continue to invade neutral neighboring nations on the grounds that their territory would provide a useful defense against other threats is even more unsustainable.
On the whole the principles offered by jus ad bellum are useful guidelines. Philosophically however they invoke a plethora of problems by either their independent vagueness or by mutually inconsistent results. They are nonetheless a useful starting point for ethics and remain a pressing concern for statesmen and women.