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Making Something Lawful Creates a Market for It

The Australian state of Victoria made it lawful to commit assisted suicide last year. The number of those who have killed themselves since “voluntary assisted dying” became legal is more than four times higher than the Victorian government had anticipated. Xavier Symons reports : The Voluntary Assisted Dying Review Board’s first Report of Operations, released on Tuesday, provides information on how Victoria’s euthanasia legislation is being enacted, including details of how many people have been issued with a ‘VAD permit’, as well as information on some of the barriers preventing people from accessing the scheme.  According to the report, permits to access the lethal medication were issued to 70 patients between June 19, when the scheme first started, and December 31. Overall 52 patients ended their lives. This is high, considering the Victorian government had suggested that initial numbers would be as low as 12 in the first year.  When you make something lawful, you create a market for it. When you make something lawful, you create the basis for demand that did not previously exist. And when you make something lawful and create a new market for it, you also send the message that it is “right”. We shouldn’t be creating a market for fatal drug overdoses. And we certainly shouldn’t be applying the truly dystopian phrase “voluntary dying” to acts of suicide—regardless of who ultimately administers the noose, so to speak. One of the things that J.D. Vance chronicles in his 2018 book Hillbilly Elegy: A Memoir of a Family and Culture in Crisis, is the disastrous impact of freely available and lawful opioids. The response to the opioid crisis has been a push to punish the pharmaceutical companies responsible for flooding the market with highly addictive and fatal drugs and to make opioids much more difficult to obtain unless there is clear and demonstrable basis for their limited use in pursuit of healing and recovery. This is a sensible response to a legitimate social crisis. Yet the same issue of death by overdose is treated differently in places that embrace suicide by physician—which always and everywhere requires a euphemistic public relations gloss like “voluntary dying” in order to become law. It’s a scandal that we act—through our own indifference to the moral content at the heart of the law—as if the mother in Appalachia is owed a greater measure of suicide prevention efforts than the mother in Victoria. Activists pushing suicide by physician—suicide by overdose—are attempting to create what is ultimately a meaningless distinction between “planned” and “unplanned” suicides by the sick and other self-killings in order to valorize the former while still loosely pretending to stigmatize the latter.

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Male medical worker regulate the intravenous drip system at the patient bed in the critical care unit

Full-Bore Death on Demand Arrives in the West

The 1973 dystopian film Soylent Green featured several shocking moments, including overpopulation riots and men calling women “the furniture” required for sex. But the most disturbing scene showed Edward G. Robinson entering a euthanasia clinic, choosing to be put down rather than live with his existential anguish. What was once fiction is becoming reality. Assisted suicide, unthinkable then, is popular now. Since the movie was released, many have come to view human existence as a relative, rather than absolute, good. The sanctity of life ethic has been replaced by the drive to eliminate suffering, even if this requires eliminating the sufferer. And the raw power of this logic has led directly to suicide clinics and a right to death on demand—since no one can judge what another person considers to be unbearable torment. Assisted suicide activists insist that euthanasia is only for the seriously ill, and offer vacuous promises of strict guidelines to protect the vulnerable. Such bromides have never made sense to me. If there is indeed a “right to die,” if the most important good is “choice” rather than “life,” how can the right to commit suicide remain limited to the seriously ill? After all, many people suffer more intensely and for a longer time than the sick. Once one accepts the moral propriety of euthanasia, the logic eventually leads to death on demand for anyone who desires to die. Still, even I never expected full-bore death on demand to arrive in the West for another decade. I was too optimistic. A recent ruling from Germany’s highest court has cast right-to-die incrementalism aside and conjured a fundamental right both to commit suicide and to receive assistance in doing it. Moreover, the decision has explicitly rejected limiting the right to people diagnosed with illnesses or disabilities. As a matter of protecting “the right of personality,” the court decreed that “self-determined death” is a virtually unlimited fundamental liberty that the government must guarantee to protect “autonomy.” In other words, the German people now have the right to kill themselves at any time and for any reason. From the decision (published English version, my emphasis):  The right to a self-determined death is not limited to situations defined by external causes like serious or incurable illnesses, nor does it only apply in certain stages of life or illness. Rather, this right is guaranteed in all stages of a person’s existence. . . . The individual’s decision to end their own life, based on how they personally define quality of life and a meaningful existence, eludes any evaluation on the basis of general values, religious dogmas, societal norms for dealing with life and death, or consideration of objective rationality. It is thus not incumbent upon the individual to further explain or justify their decision; rather their decision must, in principle, be respected by state and society as an act of self-determination. The court wasn’t done. The right to suicide also includes a right to assist suicide: The right to take one’s own life also encompasses the freedom to seek and, if offered, utilize assistance provided by third parties for this purpose. . . . Therefore, the constitutional guarantee of the right to suicide corresponds to equally far-reaching constitutional protection extended to the acts carried out by persons rendering suicide assistance. The court also opined that Germany’s drug laws might have to be changed to facilitate the absolute right to die that “the state must guarantee”: Sufficient space must remain in practice for the individual to exercise the right to depart this life and, based on their free will and with the support of third parties, to carry out this decision on their own terms. This not only requires legislative coherence in the design of the legal framework applicable to the medical profession and pharmacists but potentially also requires adjustments of the law on controlled substances. This is stunning and appalling: In Germany, autonomous people now have the absolute right to commit suicide and receive assistance in doing so for any reason or no identifiable reason at all. The court’s ruling is so encompassing that it seems to apply even to children capable of making autonomous decisions, since being underage is a “stage of existence.” While the court stated that minor restrictions such as waiting periods might pass legal muster—the government may also prohibit “particularly dangerous forms of suicide assistance” (whatever that means)—the German constitution now requires, literally, death on demand. That will not be the end of it, either. One radical court ruling leads to another. The right to commit suicide could soon become a right to be killed outright. After all, everyone isn’t physically or emotionally capable of committing suicide, and homicide can achieve death more swiftly and with less discomfort than a do-it-yourself demise. Since Germany’s absolute right to assist in suicide is open-ended and not limited to doctors, why not permit friends to kill friends? The ruling also opens the gates to social anarchy. How can the state now restrict the taking and selling of addicting drugs? Drugs may be harmful, but if an autonomous person chooses to spend their days high, how can the state gainsay that decision or inhibit the commercial providers who supply the fixes? How can the state restrict any surgical or chemical sex changes? And on what basis can the state prohibit people who identify as “transabled” (people who have body identity integrity disorder) from amputating their healthy limbs or severing their healthy spinal cords? If suicide is no longer a harm the state has a duty to prevent, how can the state thwart a person’s desire to destroy his bodily functions? Indeed, how can the state restrain any personal behavior or vice, so long as the desired autonomous act does not directly harm an unwilling other? I am reminded of Canadian journalist Andrew Coyne’s prophetic words more than twenty years ago. Reacting to his country’s strong public support for a father who murdered his disabled daughter as a supposed act of compassion, he wrote: “A society that believes in nothing can offer no argument even against death. A culture that has lost its faith Read More ›

Photo by Kirill Sharkovski

Businesses Must Not Cooperate with the ‘Fourth Reich’ of Communist China

Human exceptionalism imposes duties as well as rights. A crucial obligation of each and every one of us is to treat each of our human brothers and sisters as equals. Hence, slavery is evil and the antithesis of human exceptionalism because it treats equals as unequal and human beings as objects to be exploited for the benefit of those with the power to control the enslaved. Ditto, forced labor camps filled with people imprisoned due to political or religious persecution — as occurs with appalling efficiency in the “Fourth Reich” that is Communist China. Internationally prominent companies are being charged in the media with benefiting from forced labor in China. From the AFP story: China is transferring tens of thousands of Uighur detainees out of internment camps and into factories that supply some of the world’s leading brands, an Australian think tank said Monday. Top global brands such as Apple, BMW and Sony have been accused of getting supplies from factories using the forced labour, an explosive allegation that could reverberate in boardrooms across the world. The Australian Strategic Policy Institute said the Chinese government has transferred 80,000 or more Uighurs out of camps in Xinjiang and into factories across the country. “Uighurs are working in factories that are in the supply chains of at least 83 well-known global brands in the technology, clothing and automotive sectors,” the think tank said. Attention must be paid to determine whether this is true. Discovery Institute’s Center on Human Exceptionalism calls on the relevant Congressional committees to call public hearings at which the CEOs and other executives of the accused companies should be called upon to explain their business’s cooperation — if any — in this tyranny. We also urge President Trump to stand more forcefully on behalf of human rights in China than he has heretofore. Profits are important, but it is not the only thing. Free markets require free labor. Forced work and religious persecution have no place in the 21st century.

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Germany’s Highest Court Creates Right to ‘Self-Determined Death’

The logic of euthanasia/assisted suicide has always pointed towards a right to death-on-demand. Assisted-suicide activists deny it for reasons of expediency. But the logic is irrefutable. If there is a “right to die,” how can it be limited to restricting categories? Well, the Federal Constitutional Court, Germany’s highest judicial body, has gone there and without equivocation. In overturning a legal ban on “professional assisted suicide,” i.e., by doctors, the court ruled that there is virtually an unlimited right “to a self-determined death” — and to also receive help from others in achieving that end. From the AFP story (my emphasis): Judge Andreas Vosskuhle at the Federal Constitutional Court in Karlsruhe said the right to a self-determined death included “the freedom to take one’s life and seek help doing so”. The court also surprised observers by explicitly stating that the right to assisted suicide services should not be limited to the seriously or incurably ill. The freedom to choose one’s death “is guaranteed in all stages of a person’s existence”, the verdict read. This right to receive help dying wouldn’t be limited do doctor-assisted suicide, by the way. I write more on this at National Review, but suffice it to say that this is “death on demand” come true.

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In Canada, No Need to be ‘End of Life’ in Order to End Life

The Canadian government wants legal homicide to be available for generally healthy, non-terminal persons. Canada wants a future where a physician will be expected to hand over a fatal overdose or perhaps even authorize a lethal injection for, literally, children. Read More ›
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Elephants Are Awesome, but…

Animal rights activists continue to try to “break the species barrier” between human beings and animals, such as with this failed lawsuit to have an elephant declared a person. The bad news is that the judge wanted to rule in favor of “animal personhood,” but couldn’t because of precedent. But she really wanted to, as she wrote in her decision: This court is extremely sympathetic to Happy’s plight and the NhRP’s mission on her behalf. It recognizes that Happy is an extraordinary animal with complex cognitive abilities, an intelligent being with advanced analytical abilities akin to human beings… The Court agrees that Happy is more than just a legal thing, or property. She is an intelligent, autonomous who [note the “who”] should be treated with respect and dignity, and may be entitled to liberty. As I write at National Review, “we don’t treat animals as mere things or as being akin to inanimate objects.” We created animal welfare laws, I write, “precisely because we understand that animals are sentient, have emotions, and can feel pain—meaning, as a matter of human exceptionalism, we have the duty to treat them humanely based on their capacities and levels of sentience.” Yes, we are animals in the biological sense—as are flies, clams, and jellyfish. But we are separate and distinct in a moral sense. It is crucial that we keep this clear moral distinction always in mind. Human exceptionalism imposes the solemn duty upon us to treat animals humanely. That’s why animal welfare is important. But animal rights—which is an ideology that suggests moral equality between us and them? Never. I explain why our law is more than capable of protecting animal welfare.

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A Transhumanist Runs for President

Transhumanism is a utopian futuristic social movement that denies the intrinsic dignity of human beings in a quest for incorporeal immortality. At National Review, I profile transhumanism’s most energetic popularizer, and along the way, explain why transhumanism should make anyone who believes in human exceptionalism queasy. From, “A Transhumanist Runs for President:” Why should we take any of this seriously? After all, transhumanism is hardly mainstream and Istvan doubts his candidacy — which is mostly self-funded — will last much beyond Super Tuesday (although, knowing him, he will find some other way to harness the centrifugal energy of the presidential contest to boost himself and his ideas). Here’s why. Istvan is just the popularizer; behind him, some of the world’s richest and most powerful people fund transhumanism research and advocacy, including Google’s Ray Kurzweil and Tesla’s Elon Musk. Moreover, it isn’t the unlikely coming of the Singularity that makes transhumanism a perilous social force. I truly doubt we will ever “upload” our minds into computers to live forever in the Cloud, a core eschatological transhumanist belief. Rather, it is transhumanism’s explicit utopianism and denigration of human exceptionalism that cause one’s neck hair to stand on end. Transhumanism is also a materialist religion, as this earlier article explains. As we chuckle at Istvan’s eccentric campaigns, let us not lose sight of the fact that many people are being seduced by the radical values the movement fosters. And therein lies the rub. Transhumanism will never kill death. But it could be the death knell of human freedom.

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Suicide Prevention Means Rejecting Suicide Assistance

A friend calls you up to let you know that she’s thinking of ending her life. What do you tell her? She’s getting older and has experienced a life-threatening (but not terminal) condition for many years. She feels beaten down, alone, and like she’s too great a burden for those who were once closest to her, but who’ve generally stopped visiting in recent years. She’s looking to you for good counsel. If you’re like most, you wouldn’t respond by affirming her hopelessness. If you’re like most, you wouldn’t respond by enthusiastically affirming her “right to die” or by encouraging her to pursue a means of suicide. Instead, you would recognize her vulnerability. Instead, you would strive to stand alongside her in solidarity and love. Instead, you would become a better witness to her than you have been, showing her how important she is in your life and in the world. Instead, you would ensure she was afforded every ounce of suicide prevention available. You would do these things because you love her. Affirmation and solidarity, strangely, are increasingly ridiculed and outright litigated against by “right to die” activists who are more concerned with easier access to suicide than with better treatment and care. Kirsten Powers diagnosed the problem with “right to die” activism a few years ago when she pointed out that pro-suicide activists “take advantage of human vulnerability” to “obfuscate [the] reality of assisted suicide”. What these activists are doing in states where suicide is now lawful is to “sweep some of society’s most vulnerable—the elderly, the terminally ill and disabled—prematurely into the hereafter.” Courtney Hempton of the Monash Bioethics Centre offers a case study in pro-suicide activism dressed up as medical ethics in writing on Australia’s embrace of suicide in the form of “voluntary assisted dying”: Eight months after voluntary assisted dying became an option for the terminally ill in Victoria, three bioethicists have raised concerns about a unique ‘gag clause’ preventing doctors from raising the subject with patients. Section 8 of the Voluntary Assisted Dying Act 2017 (Vic) prevents a registered health practitioner from initiating discussion about voluntary assisted dying, or suggesting it as a possibility. Monash PhD candidate Courtney Hempton describes the gag clause as “unwarranted, unprecedented and ethically-problematic”. Breaching section 8 may result in the Australian Health Practitioner Regulation Agency revoking a health practitioners’ licence for “unprofessional conduct”. When the Act became law on 19 June, 2019, the Victorian Government described it as the world’s safest and most conservative regime for the terminally ill, with ‘68 safeguards’ designed to protect the rights of vulnerable patients. Let’s set aside the fact that “terminal” no longer necessarily means “near death” or even “dying” in certain jurisdictions, but can mean simply that a person has a chronic or otherwise unwelcome disability or condition. Amazing how quickly a common sense patient protection provision comes under attack—Victoria’s “Voluntary Assisted Dying Act of 2017” only came into force this past June. No doubt that this suicide-indifferent Act won passage at least in part precisely because it was seen as “the world’s safest and most conservative” approach to lawful suicide. Now, some eight months later, it is precisely those “safeguards” designed “to protect the rights of vulnerable patients” that will be viciously attacked by those who want physicians to be able to pro-actively recommend suicide to their patients. As Wesley J. Smith routinely documents, this is how pro-suicide activists operate: When pitching legalization, they solemnly promise that they have written, oh so “protective guidelines” into the legislation to prevent abuse. Then, once the law is safely in place, advocates grouse that the guidelines they touted are “obstacles” or “barriers” that unjustly prevent suffering people from accessing assisted suicide. Eventually, political agitation begins to amend the law to make things, shall we say, more flexible. … The emphasized items, now called “barriers,” were lauded as protections in the campaign to convince voters to legalize assisted suicide. We can have a culture that either pursues suicide as if it were a positive good or we can have a culture where we strive to prevent suicide because we recognize that it is a threat to public health and human flourishing. Choose your path. Be honest and clear-eyed about what you’re striving for. We can’t do both at the same time.

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‘Rights Talk’

How often we hear of human rights and how little we hear of human responsibilities. How can we have one without the other? Every right suggests a claim and every claim suggests a responsibility. What makes human rights “work” is our ability to discern when particular human rights claims ought to be responsibly fulfilled and when particular claims are, in fact, a threat to either the good of the individual or the good of society. This is what Ryan Anderson was getting at recently when he pointed out that rights are “grounded in and thus limited by the demands of justice and common good“. An appeal to human rights that places an inordinate emphasis on, for instance, autonomy and individualism, is an appeal that fails to consider the entire spectrum of human goods—which include justice, the common good, and the exercise of virtue. Your right to do as you wish will eventually conflict with another’s right to do as they wish. Your “human rights” don’t include a right to suicide by physician, for instance, for the same reason that a physician’s rights do include the right to act in accord with their conscience and the historic ethics of the medical profession to do no harm. But “rights talk” has become confusing because we increasingly lack any shared ethical vision for what human life is “for” beyond autonomy, individualism, and material satisfactions. Is there a way out of the forest of our confusion? Start by asking yourself what you’re willing to strive towards; asking what person or future are you willing to sacrifice for? In thinking about this, we might realize that we’re contemplating goods that are higher than ourselves. In recognizing that there are goods outside of, and perhaps of higher value than, ourselves we catch the first glimpses of light out of the forest.

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Human Rights Require Knowledge of the Human Heart

I’m excited to join the Discovery Institute’s Center on Human Exceptionalism. Let me share my approach to the issues of human dignity, liberty, and equality and the moral duties that the Center exists to consider and advance. I believe that when it comes to issues of human life we’re generally engaging conflicts that are neither unresolvable nor destined for stalemate. We’re debating issues that matter. We can lose sight of this due to the tendency to throw our hands into the air over the seemingly complex nature of many human life issues, content to “agree to disagree” because “it’s complicated.” For those determined to advance human dignity, liberty, and equality, settling for this false peace is, in fact, a surrender to (at best) a materialist philosophy that prizes autonomy over solidarity, or (at worst) a nihilist relativism that proposes that ultimate reality and truth are unknowable and therefore worthless. We already see the poisoned fruits of accepting that false peace in the degradation of human rights. Human rights were once a shield for the protection of those most at risk to the whims of those with greater power, but as we lose our sense of human beings as possessors of inherent dignity and worth, we also lose a firm basis for universal human rights. As if experiencing a collective dementia, we look upon the face of the human person without recognizing the priceless good we see. And in our forgetfulness we lose our ethical bearings, too often falling for utopian promises for a future that never arrives. When we survey the field, we observe this annihilation across the spectrum of human life: at the earliest and most physically vulnerable period when we most require hospitality and love, in the form of abortion; at the latest and most culturally vulnerable period when we most require solidarity and companionship, in the form of euthanasia and suicide; throughout adult life when we require encounter and friendship, through a “throwaway” culture of indifference; and across the spectrum of bioethical issues from eugenics to human trafficking, from attacks on patient and physician conscience rights to misanthropic environmentalism, from ethically indifferent forms of genetic engineering to stem cell research to cloning, and on it goes. What are we to make of the claims of human rights, amidst all the raw human willfulness and power imbalances that so greatly warp our ability to recognize one another as equals? “To argue with a man who has renounced the use and authority of reason, and whose philosophy consists in holding humanity in contempt,” writes Thomas Paine, “is like administering medicine to the dead…” We’re all that man at certain points—that person in any given moment who is likelier to hold humanity in contempt than to properly recognize that to hang humanity is to hang oneself. We’re flirting with that philosophically in many ways—grimly illustrated by the fact that American prosperity has never been greater in absolute terms, yet neither has our suicide rate—but the evidence of our daily lives, our daily experience, confirms that we want as much of the good life as we can get. At the risk of sometimes administering “medicine to the dead,” I think that what makes Discovery Institute’s Center on Human Exceptionalism so valuable is a fundamental concern with reintroducing—or, at least, re-emphasizing—those things which our ancestors knew—or, at least, grasped for—but which some of us rejected and others forgot. As a consequence, we deprive ourselves of a valuable inheritance. A recovery is possible, and it starts with this: the truth is knowable, ethics and morals of human life are inherent to all law that legitimately directs human action, and the good is achievable in our culture and in our lives. If we refuse these realities, then our pursuit of dialogue is a fool’s errand. There is no purpose to dialogue over issues that have no possibility of resolve. All good law has, at its heart, a moral core, and good law can never be neutral with respect to the aims it seeks to encourage or proscribe. Human reason points us to the moral content at the heart of the sort of good law that makes a healthy culture possible. “Laws without morals,” observed Ben Franklin, “are useless.” Franklin was as much summing up classical knowledge as he was reintroducing it to new generations, and the University of Pennsylvania adopted it as its motto for the same reason: “Leges sine moribus vanae.” The law is a teacher. Not every choice (and relatively few choices when it comes to bioethical issues, it turns out) can be made in a life-affirming way without a teleologically informed conscience or the encouragement of a law and policy regime that is concerned with a knowable set of moral and ethical goods. What we most immediately need to recover is knowledge, first of our own hearts. I look forward to contributing to this important cause.