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Moral Acquaintances:
Methodology in
Bioethics
by Kevin Wm. Wildes. S.
J.
University of Notre
Dame Press: January 2000. x + 214 pages.
Reviewed by David R.
Larson
Physicians in a large medical center in the United States once asked a
fully competent immigrant what she preferred to have done about her
illness. After thoroughly considering each of her alternatives, she freely
made her choice. "O. K., that’s what we’ll do," the doctors
agreed, thinking that the matter was settled. "Oh, no!" the
patient exclaimed! "You asked me what I prefer, and I told you. But
in my culture the men in the family are supposed to make such
important decisions. Ask my husband and my sons; please do what they
say!"
As this incident suggests, those who populate large medical centers are
among the most diverse people on earth. Both the patients who frequent
such institutions, and the professionals who serve them, represent every
possible religion, race, nationality, culture, philosophy, gender,
political preference, sexual orientation and economic class. As Harvey Cox
wrote years ago, international airports parade human differences; however,
at them we see only those who can afford to fly. Because large medical
centers assist both the richest and the poorest, plus those who differ
in every other way, they are microcosms of our world’s human diversity.
Deep moral differences surface with poignancy and sometimes pain in
large medical centers. This is where conservative and liberal Christians
sort out their views about abortion and euthanasia, where secular and
Orthodox Jews decide how to define and determine death, where those who
love technology and those who loathe it consider innovations such as in
vitro fertilization and organ transplantation. It is also where
practitioners of premodern, modern and postmodern medicine come to grips
with each other as best they can. No wonder some refer to the tall
structures of many large medical centers as bioethical "Towers of
Babel," places where people with differing moral points of view find
it difficult to communicate, particularly when debating controversial
therapeutic options!
Bioethicists respond to this situation in two primary ways. Some try to
overcome diversity by appealing to an ethical norm to which they believe
all persons of sound mind ought to assent. Others, like H. Tristram
Engelhardt, Jr. accept diversity as inescapable in public life and leave it to
those who seem ethically odd to each other to resolve their differences
however they choose, providing each decides with competency, freedom and
knowledge. Within their various moral communities, however, people can
draw upon a wider and deeper range of ethical guidelines, Engelhardt
holds.
This book evaluates the methodological options in contemporary
biomedical ethics and proposes an approach that falls between these
extremes. It’s author, Kevin Wm. Wildes, S. J., studied with Engelhardt
at Rice University and Baylor College of Medicine in Houston, Texas. He is
now Associate Dean of Georgetown College at Georgetown University in
Washington, D. C., where he also serves at the Kennedy Institute of
Ethics.
Wildes contends that Engelhardt’s distinction between "moral
strangers" and "moral friends" is helpful but incomplete.
We need at least two other classifications, he writes, those of
"moral enemies" and "moral acquaintances." "Moral
enemies" are those who have so little in common that they greet each
other as foes, if at all. "Moral acquaintances" have less in
common than do "moral friends," but more than "moral
strangers."
Although Wildes mentions the category of "moral enemies," his
primary concern in this book is to explain and justify that of "moral
acquaintances" on the basis of a communitarian view of the moral
life. He presents the seven chapters of his argument in two clusters.
Chapters one through four examine and assess the primary forms of
bioethical reasoning today. Chapters five through seven outline his
contributions. His work as a whole is thus both analytical and
constructive.
Wildes begins the analytical portion of his presentation by
highlighting the relationships between methodological pluralism in
bioethics and ethical diversity in society at large in nations like the
United States. He then examines selected representatives of the bioethical
methods he calls "foundational." These include the
utilitarianism of Peter Singer, the more Kantian approach of Alan Donagan,
the natural law theories of John Finnis, Joseph M. Boyle and Germain
Grisez, the contractarianism of Norman Daniels and Robert Veatch and the
focus upon virtue theory in the writings of Edmund Pellegrino and David
Thomasa.
These methods all assert the validity for every rational person of some
basic norm by which ethical judgments can be made; however, they advance
different accounts of what this norm ought to be and how particular
ethical judgments ought to be made with it.
In Wildes’ view, this
rivalry is irresolvable in principle because there is no neutral place
from which to choose the proper basic norm. Furthermore, even if granted
its basic norm, none of these theories can yield concrete moral judgments
without incorporating additional ethical content of some sort from
somewhere else. Even if we agree that we should never treat humanity as a
mere means, or that we should always do the greatest good for the greatest
number, for instance, we must still recruit depictions of
"humanity," "mere means," "good" and
"greatest number" from places other than these basic norms.
Therefore, Wildes writes, despite their many positive contributions, the
inadequacies of foundational methods in bioethics are both formal and
material.
Although he rarely uses the term, Wildes examines two "nonfoundational"
approaches we usually think of as rivals: the principlism of Tom Beauchamp
and James Childress and the casuistry of Albert Jonsen and Stephen Toulmin.
Despite their differing emphases upon principles, in the first instance,
and upon cases, in the second, these approaches are similar in that they
propose an interactive, or dialectical, process through which we seek a
reflective equilibrium on a case-by-case basis between an irreducible
plurality of normative resources.
For Beauchamp and Childress, these primary normative resources are the
equally binding principles of respect for autonomy, beneficence,
nonmalificence and justice. For Jonsen and Toulmin, they are important
cases that establish precedents in moral reasoning somewhat like previous
court decisions do in case law.
Wildes finds that principlism is unable to
establish without arbitrariness the meaning, relationships and selection
of its primary norms and that the common morality from which it draws
these principles is complex, if not elusive or even illusory. For Jonsen
and Toulmin, the casuistic reasoning of the High Middle ages provides a
method that we can use in bioethics today. Yet that method was too
embedded in the intellectual and cultural particularities of its time and
place to be transferred with success to our very different context, Wildes
writes.
Having argued that many foundational and nonfoundational methods in
bioethics claim too much, one might expect that Wildes would then contend
that Engelhardt’s emphasis upon the procedures of permission in public
bioethics, and upon the richer normative resources available in only in
specific moral communities, claims too little. He doesn’t. Instead
Wildes weaves throughout his whole book his conviction that Engelhardt’s
proceduralism exaggerates the degree to which various persons and groups
within societies like the United States are ethically foreign too each other.
Perhaps because some
time ago Engelhardt published The Foundations of Bioethics,
a secular analysis and proposal, and only much more recently sent forth The
Foundations for Christian Bioethics, a theologically informed one,
Wildes does not probe the theoretical and practical relationships between
Engelhardt’s two very different approaches.
Wildes’ constructive position begins by arguing that Engelhardt’s
secular discussion accurately identifies the procedures of permission as the bioethical norm we should use where people
differ deeply. These articulate the overriding importance of competent, informed
and voluntary consent in bioethical decision-making. At this initial point, then, Wildes endorses and advances
his mentor’s project.
He goes on to argue, however, that even Engelhardt’s
procedures of permission, lean and spare though they are, do not come to
us culturally disembodied. Instead, like all other ethical norms, they are
riveted to shared forms of communal life, as Ludwig Wittgenstein taught us to
expect. In this case the pertinent shared form of life is the culture of
nations like the United States.
Wildes also contends that this shared form of life possess a number of
moral commitments that are richer than the procedures of permission. In an
expression that might cause some to wince as though hearing an oxymoron,
Wildes goes so far as to write of "the common morality of
proceduralism."
Engelhardt proposes proceduralism
precisely because he doubts the actuality in societies like the United
States of a common morality! Wildes nevertheless identifies as
evidence of a common morality a number of practices, plus their
corresponding moral commitments, to which Engelhardt's procedures of permission are
linked, in his view.
The custom of obtaining consent is among these practices, as are respect
for the rule of law, limits upon the moral authority of government, and
toleration as distinguished from acceptance. These are linked with broader
cultural commitments to values and virtues such as freedom, honesty,
trust, respect for persons, impartiality and fairness, cooperation, moral
integrity, moral humility and peaceful methods of resolving conflicts.
Because these flourish or languish in institutions and organizations as
well as in individuals and smaller groups, bioethics should pay attention
to social as well as personal and professional ethics, Wildes writes.
In what he calls "the geography of moral judgment," Wildes
identifies several spots at which we can locate bioethical agreements and
disagreements, as do earlier specifications of the so-called
"levels" of ethical discourse. In his map,
"object-level" judgments pertain to what should be done in
particular times and places. "Justificatory judgments" identify
the reasons, feelings, senses or values and so forth to which we appeal
when making judgments about concrete thoughts, words and deeds.
"Foundations judgments" pinpoint the even more general or basic
warrants for the choices we make at the justificatory and object-level
locations.
Combining these options in various ways, Wildes identifies eight places
at which bioethical decisions can converge or diverge, thereby alerting us
to the likelihood that consensus at one place neither prescribes nor
precludes agreement at the others. Keeping these locations in mind can
help us avoid exaggerating the amount of agreement or disagreement in
bioethics today, he argues.
Wildes does not take a further step the possibility of which intrigues
me. As indicated, he argues that Engelhardt’s procedures of permission
are ethically justified for secular bioethical decision-making in nations
like the United States today. As also reported, he goes on to identify
both the practices and the broader moral commitments to which these
procedures are related in such societies. Having taken these two steps,
Wildes might have used these richer resources to generate additional
bioethical norms that would then supplement Engelhardt’s procedures of
permission with which he began.
Because he does not take this further step in this book, I hope that
either Wildes or someone else eventually will give it a try. As I now
envision it, this additional argument would be that, when we take into
consideration the form of shared communal life to which they are related,
Engelhardt’s procedures of permission lead us to other bioethical
guidelines that are also binding in the same societies. That would be
another volume!
Does this book succeed? If we keep in mind its focused agenda, I
believe the answer to this question is "yes." In harmony with
its communitarian loyalties, this volume does not thoroughly address what
Wildes calls the "formal" question: Why should we accept as
binding Engelhardt’s procedures of permission, along with the practices
and broader moral commitments to which they are joined in societies like
the United States? Yet we can say this about many communitarian theories of the moral life, not just this one.
Given the ethical resources of a particular community, some things can
be established as right and others as wrong; however, whether we should
reason from within that community is a question that is left largely
unanswered, both in this book and in communitarian ethical theories more
generally.
As I understand it, however, Wildes’ purpose in this volume
is not so much to debate this formal question as it is to address what he
calls the material one. His aim is to demonstrate that Engelhardt’s
procedures of permission provide more room for a common morality within
societies like the United States than many think. He succeeds.
I believe that we all would do well to address the formal question more
fully, however. Wildes rightly declares that there is no neutral spot from
which to make choices among fundamentally different forms of shared
communal life. He repeatedly claims that the Enlightenment, beginning in
eighteenth century Europe, failed in so
far as it attempted to discover such a culturally unaffected location.
True enough; nevertheless, there are vital differences in ethical
reasoning between "neutral ground" and "common
ground." Even though the first does not exist, the second may. Wildes
establishes that, even within the severe constraints of the more secular of
Engelhardt’s two approaches, we can find more ethical common ground within
societies like the United States than many presume. It is at least
possible that this is so globally as well. I think it likely.
Some of the endnotes in Wildes’ book detail his belief that deep
moral differences reflect limitations in human knowledge, not the way
things actually are. Yet it also appears that we humans are unlikely to outgrow these
limitations entirely in the foreseeable future. Because I take this to be
so, I doubt that we can anticipate an absolutely permanent and universally
accepted answer to the formal ethical question soon enough to take
seriously.
Yet we can make progress in this area of inquiry as in others. In the
interest of doing so, I suggest that we consider adding the notion of
"moral relatives" to those of "moral strangers,"
"moral friends," "moral enemies" and "moral
acquaintances." Exploring this additional option would move us yet
another step beyond the binary thinking that proceeds as though we are all
either "moral friends" or "moral strangers," something
Wildes’ book already accomplishes with its elaboration of the additional
option of "moral acquaintances."
The notion of "moral relatives" also suggests that we may
have much in common with those with whom we are not acquainted, whether
directly in face-to-face encounters or indirectly through shared cultures.
Relatives who meet for the first time are often surprised by how similar
they are even though they have had no previous contact. Common virtues and
values therefore do not always depend entirely upon direct or indirect
acquaintance.
In addition, exploring the notion of "moral relatives" would
encourage us to take as much ethical advantage as we now can of something
we know to be so: all human beings are very much alike in their basic
biological structures and needs, and upon these much else depends.
In addition to these empirical similarities, comparable forms of basic
moral reasoning are available to all people around the world. That some
version of the "Golden Rule" can be found in
many cultures is evidence of this. These norms attest to the logical
validity of treating equal persons in equal circumstances equally.
Thus, whether we are talking about what David Hume called "matters
of fact," or what he called "relationships of ideas," we
have reason to be cautiously optimistic about finding at least some moral
common ground among various societies as well as within
them. In this book Wildes does not make this case. I
think we should.
Engelhardt, Wildes and others recount the experiences of Captain James
Cook throughout the Pacific Ocean in the eighteenth century as evidence of
irresolvable cultural and ethical differences. As one who was reared in
Hawaii, however, I offer my impression that Captain Cook and the islanders who
killed him had more in common than we may suppose, and that an unusual
series of miscalculations on his part probably contributed to his premature
death at Kealakekua Bay.
Captain James Cook was one of humanity’s most accomplished navigators and
most effective leaders and diplomats. But like him, and perhaps even more like some of
the less astute members of his crew, upon encountering another human
culture, we often are first struck by how different things are. The longer
we stay, however, and the more we come to understand the people and the
society we are visiting, the more we realize how similar human beings all
over the world actually are.
Stanley Hauerwas and Engelhardt often tell us that Texans are
different. Maybe so! Yet even the citizens of the Lone Star State
are human beings who are biologically related to all the rest of
us!! This is ethically pertinent!!!
Does exploring the alternative of "moral relatives" open up
the possibility of a natural law theory that can be inescapably binding
upon all rational human beings and universally recognized as such?
Because of the limitations in human understanding that we are not likely
to overcome any time soon, I think not. Such theories today must make more
humble and tentative claims than did many earlier ones.
Nevertheless,
whether we are acquainted with each other directly, indirectly or not at
all, we human beings do have much in common and we have every
prudential and ethical reason to make the most of our similarities. It is
a sobering fact that the survival of our species may rest upon how
successful we are in doing so. H. Tristram Engelhardt, Jr. and Kevin Wm.
Wildes, S. J.: Thank you! |