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The Ethics of Medical Involvement in Capital Punishment : A Philosophical Discussion - Joseph B.R. Gaie

The Ethics of Medical Involvement in Capital Punishment

A Philosophical Discussion

Hardcover

Published: 29th February 2004
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The morality of capital punishment has been debated for a long time. This however has 1 not resulted in the settlement of the question either way. Philosophers are still divided. In this work I am not addressing the morality of capital punishment per se. My question is different but related. It is this. Whether or not capital punishment is morally right, is it moral or immoral for medical doctors to be involved in the practice? To deal with this question I start off in Chapter One delineating the sort of involvement the medical associations consider to be morally problematic for medical doctors in capital punishment. They make a distinction between what they call 2 "medicalisation" of and "involvement" in capital punishment, and argue that there is a moral distinction between the two. Whilst it is morally acceptable for doctors to be "involved" in capital punishment, according to the medical associations, it is immoral to medicalise the practice. I clarify this position and show what moral issues arise. I then suggest that there should not be a distinction between the two. The medical associations argue that the medicalisation of capital punishment, especially the use by medical doctors of lethal injection to execute condemned prisoners is immoral and therefore should be prohibited, because it involves doctors in doing what is against the aims of medicine.

Acknowledgements
Introduction
Medicalisation Of Capital Punishment Medicalisation
Medical Involvement In Capital Punishment
Issues Arising From The Distinction Between Medicalisation And Involvement
The Medical Associations' Position On Medicalisation Of Capital Punishment
What the Medical Associations Regard as Unacceptable for their Members to do
Role Morality
Agnosticism
Role/Professional versus Ordinary Morality
Role Morality
Roles
Professional Morality is the Application of Ordinary Moral Principles in Special Situations
Business Morality is Not Separate from Ordinary Morality
Medical versus Ordinary Morality
The Morality Of Euthanasia And Its Implications For The Medicalisation Of Capital Punishment
The Military Doctor
Medical Involvement In The Wider Capital Punishment Process
Institutional Justification
Medical Involvement at the Investigation stage of a Capital Crime
Medical Involvement in other Non-therapeutic Activities
Medical Evidence that the Suspect is Fit for a Capital Offence Trial
Medical Testimony in a Capital Trial
Pre-sentence Medical Evaluation
Medical Evaluation of Fitness for Execution
Medical Re-evaluation of Competence to be Executed
Medical Treatment to Restore Competency to be Executed
Medical Involvement in War and Capital Punishment
Military Doctor Role Compared to the Doctor-Executioner Role
Medical Involvement in Preparing a Prisoner for Hanging Versus Giving Medical Evidence in a Capital Trial
"Participation" and "Professional Involvement"
Lethal Injection
Kantian Theory
Introduction
Kantian Theory of Justice
Investigation and Trial
Fitness to Plead and Stand Trial
Sentencing Stage
Treatment on Death Row
Determination of Dangerousness to Society
Fitness/Competence Determination for Execution and Treatment to Restore Competence
Tranquillisation
Lethal Injection
Who Should Execute? Some People are Better off Dead
Organ Donation
Utilitarian Arguments for Medicalisation
Utilitarianism
Investigation
Medical Determination of suspect's Fitness to Plead and Stand Trial
Medical Participation in a Capital Trial
Prediction of Future Dangerousness to Society
Execution Competence Determination and Restoration
Tranquillisation
Subjugation by Medical Means of an Inmate for Execution
Lethal Injection and Related Preparations
Organ Donation
Certification of Death
The Medical Doctor and a Condemned Prisoner
The Social Position of the Medical Doctor in History
The Medical Doctor in relation to the Condemned Prisoner
Conclusion
Appendices
Another example of Justifiable Medical Killing: Prisoner Doctors in the Nazi Camps
Personal Correspondence: L. Hurst (1999)
Amnesty International "ethics of medical participation in war" questionnaire (January 25 1999)
Restriction of Duties Medical Certificate
References
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781402017643
ISBN-10: 1402017642
Series: International Library of Ethics, Law, and the New Medicine
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 159
Published: 29th February 2004
Publisher: Springer-Verlag New York Inc.
Country of Publication: US
Dimensions (cm): 23.5 x 15.5  x 2.54
Weight (kg): 0.46