EUTHANASIA - THE EXTREME OF THE DOCTOR-PATIENT RELATIONSHIP Almos Trif MD, PhD, JD, USA Abstract: The article tries to bring the attention of the reader on the historical and the intellectual background of the topic of euthanasia, differentiating its entity from the trivializing pseudo-cultural approaches. After offering some clear short definitions for the most used terms, the author deals with the history of the human attitudes towards Death, Dying, Suicide, Assisted suicide, and Euthanasia. Talking about euthanasia becomes more and more difficult and risky. This is not only because of the political environment, but also because of the sometimes violent ways in which everyone’s religious views are openly expressed. Recently, the deleterious effect of this uninformed discussion has become evident in the general culture; it is the pseudo-culture coming mostly from the erroneous information posted purposely on the web. The speculative minds of some “bogus creators” insidiously and continuously infest the minds of the young generation, many of whom appear to have stopped reading books, with all kind of nonsense data. To demonstrate this I want to share with the reader three results of a “quick search” on the already indispensable, overwhelming and “ominous” search engine - Google. At your choice, you may easily find “information” about the Canadian music band called “Euthanasia”, promoted through sales of more or less shockingly “cool” posters, including photographic pranks about suicidal practices. Alternatively, looking at another result of the same search you may find out that “Euthanasia” is a kind of Internet pseudoreligion. The most egregious finding was the quoting of “Euthanasia” from “Uncyclopedia” the content-free encyclopedia, where it is written about the “Democratic Republic of Euthanasia”, exhibiting a bogus flag and other bogus data, such as follows: <<National Motto: "You are what you eat."; Official language: Engrish; Capital: Euthanasia City; Premier: Lord High Chancellor of the Excheuary Eric Theodore Cartman; Religion: Athiest (sic); Independence: Never; Currency: Buckazoids; National Anthem: Crazy Frog; National Game: Half Life 2; Oscar Wilde on Euthanasia: “I thought she was rather incontinent.”; Noel Coward on Euthanasia: “A little Euthanasia never hurt nobody.”; George W. Bush on Euthanasia: “I approve! Who wouldn't want to be younger?”>> I think that such fallacious and deceitful information posted on Internet is potentially harmful, because most of the internet consumers (surfers) are deprived of either cultural background or of the needed time to digest the new information or of both -- making it quite difficult for a neophyte to discern the truth. On the other side, beside academic information on specific websites of organizations, universities and so on, there is a genuine activism for euthanasia, expressed publicly on debates, demonstrations, meetings, and in internet websites and “blogs”. The activists claim the necessity of advocating for euthanasia, because they emphasize there are still two roads to death: The usual one – the dying patient passes progressively through the following stages: sleepy, lethargic, obtunded, semi-comatose, comatose, and dead. The difficult road – the dying person become restless, tremulous, experiences hallucinations and mumbles in delirium, presents myoclonic jerks and seizures before becoming semi-comatose, comatose and dead. Fighting against the difficult road to death makes the “subject” of euthanasia debate. There are some actual accepted definitions, which try to make easy the necessary delimitations: Suicide: individual A kills him/herself Assisted Suicide: individual B assists (helps) individual A to kill self Physician assisted suicide: Medical Doctor helps a patient to die earlier, cutting unbearable suffering Euthanasia: individual B kills individual A who is in extreme suffering or terminal (usually a patient) Voluntary euthanasia - the case when patient chooses to be put to death because of extreme suffering: with individual A’s permission (request), B injects a drug deemed to kill; it concerns the autonomy of the patient, and it is called sometimes “mercy killing” Non-voluntary euthanasia - the case when individual A is silent about the issue or unable to express his or her opinion, but B does something to end his/her suffering; it is the case of very sick infants and comatose patients who are put to death, sometimes with a court order allowing this. Involuntary euthanasia - the case when B gives drug against A’s will and kills A; patient chooses not to be put to death, and expresses explicitly this, but is killed anyway. The most extreme debate comes actually from another type of classification: active and passive euthanasia. Active euthanasia occurs in those instances in which someone takes active means, such as a lethal injection, to bring about someone’s death. Passive euthanasia occurs in those instances in which the caretaker simply refuses to intervene in order to prevent someone’s death; the physician or the nurse lets the patient die by withholding or withdrawing treatment. There is also debate on the difference between the omission of withholding and the action of withdrawal. Some scholars claim in extremis that withdrawing treatment is an “act” similar to injecting KCl intravenously in the death penalty procedure. Approaching the idea of “people’s rights” in the general theory of law means we have to consider two types of rights: the Negative rights, which impose duties of noninterference on others, and the Positive rights, which impose duties of assistance on others. Accordingly we may ask the following question: “Is there a Right to Die?” Physician Assisted Suicide (PAS) is the case when a medical doctor assists a patient to kill him/herself. From the legal point of view, currently there are several situations in the world: If there is no right to have a doctor to assist you, i.e. a negative right - no one will be able to force a MD to do this on anyone, so PAS will be illegal. If in the Legal Code of a certain state or country there is mentioned a positive right to assisted suicide, PAS may be legal in some circumstances. In Netherlands, PAS is legally regulated in the professional, civil and criminal law. In Oregon State, USA in certain specifically explained circumstances, PAS is legal. In the case when death follows the administration of painkillers for the relief of pain in cases of terminal illness, death is considered as a side effect. Most Catholic ethicists hold that this is morally different from deliberate euthanasia for the relief of pain – and they call it the “principle of double effect”. The action itself [morphine injection] must be morally good or morally indifferent. The motive must be the achievement of the good effect [alleviating pain] only. The effect is bad, not the means by which the good effect is achieved. The good effect must be at least equivalent in importance to the bad effect. For the enlightened reader who wants to know more, I would try to present a quick travel through the history of the attitudes towards Death, Dying, Suicide, Assisted suicide, and Euthanasia in the views of Pagans, Greeks, Romans, in different Faiths and Religions, through the Middle Ages and Renaissance, until the Modern times. God of Death in Greek mythology - Thanatos (θάνατος = death) was the personification of death (Roman equivalent: Mors); Son of Nyx (Night) and Erebus (Darkness) and twin of Hypnos (Sleep). In early mythological accounts, Thanatos was perceived as a powerful figure armed with a sword, and possessed of a shaggy beard and fierce some face. His coming was marked by pain and grief. In later eras, as the transition from life to death became a more attractive option, Thanatos came to be seen as a beautiful young man. Asclepios in Greek Mythology was the god of medicine, son a mortal woman, Coronis and of the god Apollo, who left the child Asclepios in the care of the centaur Cheiron. Cheiron raised and taught Asclepios the art of healing and the pupil soon surpassed his master for he could resurrect even the dead. This power of resurrection of the dead enraged Hades, lord of the underworld, who was losing clientele, and he appealed to Zeus. Zeus considered the act “hubris”, and slew Asclepios with a thunderbolt. Afterwards realizing the good Asclepios had brought to man, the great Zeus made him into a god. Eventually Asclepios was placed among the stars, transformed into the constellation Ophiuchus (the serpent-bearer). Hippocrates of Kos, ca. 460 - ca. 370 BC, considered the “Father of Western Medicine” talks in his famous Oath about the commitment of not assisting suicide (fragment from Harvard classics translation): I will give no deadly medicine to any one if asked, nor suggest any such counsel; and in like manner I will not give to a woman a pessary to produce abortion… Into whatever houses I enter, I will go into them for the benefit of the sick, and will abstain from every voluntary act of mischief and corruption; and, further, from the seduction of females or males, of freemen and slaves... Socrates, 470-399 BCE, Greek philosopher has allegedly made some of the following statements described in Plato’s Apology. “The unexamined life is not worth living.” ”Wisdom begins in wonder.” “There is only one good, knowledge, and one evil, ignorance.” Plato describes also the Death of Socrates as politically mandated. Because Socrates questioned the men of Athens about their knowledge of good, beauty, and virtue, he was considered supercilious, obnoxiously arrogant. His paradoxical wisdom made the prominent Athenians he publicly questioned look foolish, turning them against him and leading to accusations of wrongdoing. He was found guilty for corrupting the youth of Athens, and sentenced to death by drinking a mix of the poisonous hemlock. “After drinking the poison, he was instructed to walk around until his limbs felt heavy. After lying down, the man who administered the poison pinched his foot. Socrates could no longer feel his legs. The numbness slowly crept up his body until it reached his heart.” The previous description was the inspirational subject of some famous painters: JacquesLouis DAVID (French, 1748-1825), Jean-François-Pierre PEYRON (French, 17441814). In his 2003 book “A Merciful End: the Euthanasia Movement in Modern America”, Ian Dowbiggin, Ph.D. states: "Many ancient Greeks and Romans had no cogently defined belief in the inherent value of individual human life, and pagan physicians likely performed both voluntary and involuntary mercy killings. Throughout classical antiquity, there was widespread support for voluntary death as opposed to prolonged agony, and physicians complied by often giving their patients the poisons they requested." Plato, 428 - 348 BCE, Greek philosopher makes some interesting remarks about state medicine and law towards eugenic-euthanasic practices in The Republic, Dialogues, 3. 410, translation by Benjamin Jowett, 1894, English scholar and theologian (1817-1894) “This is the sort of medicine and this is the sort of law, which you will sort in your state. They will minister to better natures, giving health both of soul and of body. But those who are diseased in their bodies will leave to die, and the corrupt and incurable souls they will put an end to themselves. That is clearly the best thing for both the patients and for the state!” Aristotle, 384 - 322 BCE, Greek philosopher brings the ideas of eugenics to public attention in Politics, Chapter IV, 7.13, translation by Bejamin Jowett 1885. “This fault the Lacedaemonians did not fall into, for they made their children fierce by painful labor, as chiefly useful to inspire them with courage: though, as we have already often said, this is neither the only thing nor the principal thing necessary to attend to. As to the exposure and rearing of the children, let there by a law that no deformed child should live” Epicurus (341-270 BCE) – Greek atomist philosopher, hedonist, talking about the “good pleasures” Hēdonē (Ηδονή) he describes ATARAXIA – bliss, which he thinks is easy to experience if you overcome your fear of Gods and your fear of death. He thinks that fear of death is often based upon anxiety about having an unpleasant afterlife. This anxiety should be dispelled once one realizes that death is annihilation, because the mind is a group of atoms that disperses upon death. Epicurus uses the 'no subject of harm' argument in the Letter to Menoeceus: “If death is bad, for whom is it bad? Not for the living, since they're not dead, and not for the dead, since they don't exist.” He adds that if death causes you no pain when you're dead, it's foolish to allow the fear of it to determine you pain now. This idea is latter followed and developed by Lucretius. The “art to die” in Ancient Rome is described by Yolande Grise, “Le suicide dans la Rome Antique”, Morntreal & Paris, 1982, pp. 325: “Since suicide in Rome was generally regarded as a legitimate means to avoid dishonor, no punishment of any kind was attached to it. As Roman legislation under the Antonines shows a balance was sought between a citizen’s rights to “LIBERUS MORTIS ARBITRIUM” and safeguarding the political and economical interest of the state.“ Lex doudecim Tabularum – a code of laws published in Rome at 451 B.C. on 12 bronze tables, by the 10 members [decimviri] was stipulating the need to sacrifice the malformed newborns as soon as possible after their birth - text edited by Georg Bruns & Otto Gradenwitz, Tübingen, 1909. "Ars (bene) moriendi" (the art to die the right way) was a new developed concept, because a lot of famous personalities committed suicide to escape political humiliation or a sentence to death by someone's authority. The thesis in use was pretty clear: „Mori licet cui vivere non placet” – „It is allowed dying to those who do not like to live”. Titus Lucretius Carus, c. 99 - c. 55 BC, Roman atomist philosopher, and poet in De Rerum Natura - On the Nature of the things [Universe] maintained the Epicurean worldview. He used the so-called ‘symmetry argument‘: anyone who fears death should consider the time before he was born. Fear of death is a projection of terrors experienced in life, of pain that only a living (intact) mind can feel. The past infinity of pre-natal nonexistence is like the future infinity of post-mortem non-existence. It is as though nature has put up a mirror to let us see what our future non-existence will be like. But we do not consider not having existed for an eternity before our births to be a terrible thing; therefore, neither should we think not existing for an eternity after our deaths to be evil. “We are the masters of our pains: we master those pains which are bearable, and we are leaving the life with a happy soul, as we leave the show if we don’t like the performance, if we cannot bear the pains” Seneca, ca. 4 BC–AD 65 – Roman stoic philosopher, lawyer is pretty clear in his tribulations about the values that can be saved by the arrival of death, published in “On the happy life, Moral letters to Lucillius”, 92, 38: The wise man will apart himself from life due to very well founded reasons: to save the patria or the friends, but also when he is burdened with too cruel pains, in case of mutilations or an incurable sickness”. “He will not be put to death, if the case is a sickness that may be cured and does not hurt the soul; we will not kill anyone because of the pains, but only when the pain prevents anything he lives for”. “No one is free who is a slave to the body. I prefer to kill myself to feel how I progressively lose my strength and become dead being alive”. “The physicians must deliver remedies to the sick, but to those who cannot extend their life, they will facilitate a tolerable death”. The Death of Seneca is described by Tacitus, in the Annals, Book XV, Ch. 60, and proved to be quite a lesson derived from the concept “Ars bene moriendi”. Seneca the Younger acted as Nero's advisor from 54 to 62. In 65, Seneca was accused of being involved in a plot to kill Nero, and had to escape an assassination attempt. He went home to commit ritual suicide, choosing to cut his wrists, but the blood was flowing slowly, thus causing pain instead of a quick death. He took poison given to him by a friend, but it didn't work. He dictated to a scribe, and then jumped into a hot pool. He did not try to drown, but instead, it appears, tried to make the blood flow faster. Finally Seneca died from suffocation from the steam rising from the pool. There are several famous painters, who have got their inspiration from this event - Peter Paul Rubens (Flemish 1577 - 1640) –1612 and Gerard van Honthorst (Dutch 1590-1656) Plutarch of Chaeronea, AD 46-122, Greek philosopher & biographer was well known from his genuine work, but also from a number of pseudepigrapha attributed to him under the conventional name Pseudo-Plutarch. One of the most well known is the eugenic approach of the Spartan newborns: “As soon as a child was born in Sparta, the mother would wash it with wine, in order to make sure that it was strong. If the child was weak, it would die soon. Later it was brought by his father to the elders, who inspected carefully the newborn infant. If they found that the child was deformed or weakly, they threw it into Kaiada, the so called Apothetae, a chiasm at a cliff, of the mount Taygetos.” Pliny the Elder, AD 23–79 – Roman author, natural philosopher, and naval military commander wrote in his “Historia naturalis” - Book 7: Anthropology and human physiology some very specific and today curious data: "Among these things, one thing seems certain - that nothing certain exists and that there is nothing more pitiful or more presumptuous than man." "Because of a curious disease of the human mind, it pleases us to enshrine in history records of bloodshed and slaughter, so that those ignorant of the facts of the world may become acquainted with the crimes of mankind." “There are only three instances in which the doctor may kill the patient to shorten his sufferance because of pain: the kidney stones pain, the great gastric pain and the facial burning pain”. Suetonius - AD 69 – 130, Roman historian uses for the first time in history the term EUTHANASIA in his book De Vita Caesarum--Divus Augustus - The Lives of the 12 Caesars (The Deified Augustus): “Octavius Augustus suddenly passed away as he was kissing Livia,… thus blessed with an easy death and such a one as he had always longed for. For almost always on hearing that anyone had died swiftly and painlessly, he prayed that he and his might have a like euthanasia, for that was the term he was wont to use.” There were still populations who did not embrace yet Christianity, from which it is worthy to mention the Pagan Hungarians and one the most significant events in their history, the death of Álmos, one of the very first human characters asking for being euthanized. His story was written in Gesta Hungarorum, the 13th century Christian Codices. Álmos, 820 – 895, was the leader of the Hungarian tribes 858 – 895, and father of Árpád, the founder of the Hungarian state. Álmos strengthened the alliance between the other six tribal leaders, and successfully kept his son Árpád in power, contrary to tribal practices. His ceremonial death was probably caused by his self awareness of being too weak to lead anymore, and was seen by many historians and interpreters as a personal human sacrifice, for the benefit of the rest of the tribes, including for his son benefit. Confucius, 551- 479 BCE, Chinese thinker and social philosopher puts great emphasis on the doctor’s duty to help people, because saving life is regarded as the highest virtue. In the Lunyu Yanyuan (The Analects of Confucius) he states: “Death and life belong to destiny, and wealth and rank are determined by fate”. If life and death are destined by fate and reflect the W ill of Heaven, they cannot be changed by human power. Therefore, everyone should fulfill his life from birth to death naturally. Because life is the most precious good, bringing death should be avoided. No action that helps someone to die could be regarded as a virtuous action. Buddhism - around the 5th century BCE, the concept spread by Buddha Shakyamuni, a compassionate and fully enlightened human being, skilled teacher and a miraculous healer who could even bring the dead back to life, but he usually abstained to do this. Buddhism is a belief that emphasizes the impermanence of lives, including all those beyond the present life. The concept Dukkha - superficial translated with “Suffering” or “Pain” (unsatisfactory & misleading) has a deeper philosophical meaning, enormously wider – suggested were “Imperfection”, “Impermanence”, “Insubstantiality”. One of the Origins of Dukkha (#2: Samudaya) is Tanha translated as “Thirst”, “Desire”, “Greed”, “Craving”. Basically “Craving leads to Dukka”. There are several cravings Tanha: Kama-Tanha: thirst for sense-pleasures; Dhamma-Tanha: thirst for Theories, Concepts; Bhava-Tanha: thirst for Existence; and what makes our object of study, Vibhava-Tanha: thirst for Non-Existence Buddhist people belief that: “Death is not the end of life, but it is merely the end of the body we inhabit in this life, but our spirit will still remain and seek out through the need of attachment, attachment to a new body and new life. Where they will be born is a result of the past and the accumulation of positive and negative action, and the resultant karma (cause and effect) is a result of ones past actions. This would lead to the person to be reborn in one of 6 realms: heaven, human beings, Asura, hungry ghost, animal and hell - none of these places are permanent and one does not remain in any place indefinitely. Life does not end, merely goes on in other forms that are the result of accumulated karma. W e should not fear death as it will lead to rebirth. We see our death coming long before its arrival; we notice ‘impermanence’ in the changes we see around us and to us in the arrival of aging and the suffering due to losing our youth.” Judaism uses several texts for extracting rules for approaching the moribund patient. Life is valued above almost all else in Judaism, and there is the idea that all people are descended from a single person. Taking a single life is like destroying an entire world, and saving a single life is like saving an entire world. Because life is so valuable, we are not permitted to do anything that may hasten death, not even to prevent suffering; therefore the Code of Jewish Law Yoreh Deah, Chapter 339 prohibits suicide, assisted suicide and euthanasia. In the Talmud, it is mentioned that “Death in itself is a natural process, not a tragedy, even when it occurs early in life or through unfortunate circumstances. Our deaths, like our lives, have meaning and are all part of God's plan. In addition, we have a firm belief in an afterlife, a world to come, where those who have lived a worthy life will be rewarded.” The Mishna Smachos Chapter 1 has the first five Halachas dedicated to the moribund patient: “1. A dying man is regarded as a living entity in respect to all matters in the world…; 2. W e do not tie up his check-bones or stop-up his apertures…; 3. W e may not move him, or place him on sand or salt until he dies; 4. W e may not close the eyes of a dying man. W hoever touches and moves his is a murderer. He can be compared to a lamp which is flickering…; 5. We do not rend the garments or bare the shoulder, or deliver a eulogy, or bring the coffin into the house until he dies.” However, where death is imminent and certain, and the patient is suffering, Jewish law does permit one to cease artificially prolonging life. Thus, in certain circumstances, Jewish law permits "pulling the plug" or refusing extraordinary means of prolonging life. (Igros Moshe – Choshen Mishpat II: 73 A) Moses Maimonides, a.k.a. Rabbi Moshe Ben Maimon,1135-1204, MD, theosophical philosopher left a very impressive work, from which I would like to quote only The Oath: “May I never see in the patient anything but a fellow creature in pain. Grant me the strength, time and opportunity always to correct what I have acquired, always to extend its domain; for knowledge is immense and the spirit of man can extend indefinitely to enrich itself daily with new requirements. Oh, God, Thou have appointed me to watch over the life and death of Thy creatures”. The as well famous "Daily Prayer of a Physician" attributed to Maimonides, which appeared in print in 1793 was probably a fake written by Marcus Herz, a German physician, pupil of Immanuel Kant, and physician to Moses Mendelssohn. Islam prohibits mercy killing as shown in the Hadith of Prophet Muhammad: “My subject hastened his end… I (God) deny him paradise”. The word for “physician” in Arabic is Hakim, which stands also for “wise person” and “philosopher”, and there is a famous quotation stating: “A philosopher may heal only the soul, while a physician can heal both the body and soul”. Avicenna, 980 - 1037 AD, Tajik, the most famous scientist and physician of Islam writes: “After death, the reasonable soul attains perfection. To effect this, it must become conscious and intelligent, and receive within it the form of harmony and well-being which pervades the world of superior essences. It unites with this idea of perfection, and so becomes like it. Only the soul which has been prepared by the practice of the virtues enjoys this happiness. Otherwise its taste is vitiated; it cannot attain its end, and accordingly suffers. But if a man has lived a mediocre life, his actions never reaching the height of his intentions, his soul, when freed from the body, becomes the centre of a struggle between his pure desires and his bad habits. Only when purified by this grievous struggle does it attain perfect bliss.” (Hastings' Encyclopedia of Religion and Ethics, II, 263) Christianity emphasized the concept of “Sanctity of Life”. Accordingly, Life is a gift from God, and respect for life is a “seamless garment”. Therefore Life should be spared, not destroyed, and ministering to the sick and dying is extremely important. One of the most famous Christian scholars Saint Thomas Aquinas, 1225 – 1274, philosopher, scholastic theologian a.k.a. Thomasso D’Aquino, Doctor Angelicus, Doctor Universalis, father of the Thomistic school of philosophy wrote about the “Principle of Double Effect” during the discussion of the permissibility of self-defense. He makes clear that killing one's assailant is justified, provided one does not intend to kill him. “Nothing hinders one act from having two effects, only one of which is intended, while the other is beside the intention. … Accordingly, the act of self-defense may have two effects: one, the saving of one's life; the other, the slaying of the aggressor.” (Summa Theologica (II-II, Qu. 64, Art.7). The analogy with the occurrence of the unintended death produced by the administration of painkillers comes directly from there. Thomas More (1478-1535) English lawyer, author, and statesman wrote in his exceptional work Utopia, about end of life issues, as follows: “Though they are compassionate to all that are sick, yet they lament no man's death, except they see him loath to depart with life; for they look on this as a very ill presage, as if the soul, conscious to itself of guilt, and quite hopeless, was afraid to leave the body, from some secret hints of approaching misery. They think that such a man's appearance before God cannot be acceptable to him, who being called on, does not go out cheerfully, but is backward and unwilling, and is, as it were, dragged to it. They are struck with horror when they see any die in this manner, and carry them out in silence and with sorrow, and praying God that he would be merciful to the errors of the departed soul, they lay the body in the ground; but when any die cheerfully, and full of hope, they do not mourn for them, but sing hymns when they carry out their bodies, and commending their souls very earnestly to God: their whole behavior is then rather grave than sad, they burn the body, and set up a pillar where the pile was made, with an inscription to the honor of the deceased.” Utopia, BOOK II: OF THE RELIGIONS OF THE UTOPIANS, 1516 Francis Bacon, 1561-1626 - English lawyer, statesman, essayist, defender of the scientific revolution is apparently the first who used the word “Euthanasia” in modern times in the chapter Science advance, IV, 2 of the book “The New Organon” or “True Directions concerning the Interpretation of Nature”. Organon is the Greek word for “instrument” or “tool”. It is a clear reference at Aristotle’s work “The Organon”. Bacon is trying to say that he is supplying a new instrument for guiding and correcting the mind in its quest for a true understanding of nature. He quotes from Suetonius actually: “I estimate that the medical profession duty is not only to restore health, but also to diminish the sickness pains and torments; and not only when such pain mitigation, like that of any other pathologic symptom, helps and drives to the recuperation, but also when, being nonexistent any recuperation hope, helps to leave life more easily and equitable. Since it is not a small happiness the one which moved Caesar Augustus to ask for the euthanasia; it is similar to the one seen in the death of Antoninus Pius, who it looked that he did not died but he fell in a deep and pleasant sleep… But in our times, doctors assume like a scruples and religion case to be near the patient when he is dying. But, in my opinion… they should acquire the skills and to pay attention to the way by which the dying could abandon life more easily and silently. I call to these the investigation upon the external euthanasia or the body easy death (to distinguish from the euthanasia that looks for the soul preparation)”. Jeremy Bentham, 1784-1832, British jurist, philosopher, and social reformer took the utilitarian hedonistic position: “A good death is a painless death”. No two people are the same, no two crimes are the same, and it is the duty of the law to accommodate such variables before inflicting pain, in the name of the state, for the protection of itself and other citizen members of that state. The pains resulting from capital punishment, and more particularly from the widespread threat of capital punishment, were judged to be considerable and excessive. ("Critique of the Doctrine of Inalienable, Natural Rights,") John Stuart Mill, 1806-1873, British philosopher and political economist promotes the utilitarian eudemonistic position: “Actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness. By happiness are intended pleasure and the absence of pain.” “A man who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself.” “The only freedom which deserves the name is that of pursuing our own good, in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it.” “A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for the injury.” ("Speech In Favor of Capital Punishment" - given before Parliament on April 21, 1868 in opposition to a bill banning capital punishment that had been proposed by Mr. Gilpin) Immanuel Kant 1724-1804, German philosopher from Königsberg in East Prussia (now Kaliningrad, Russia) assessed that human beings were distinctive from other beings: they have the ability to reason and the ability to decide on the basis of that reasoning. He defines autonomy as the ability to impose reason freely on oneself. Because human beings have the ability to make up their own minds in accord with the dictates of reason, they have certain rights. If someone has a right, we have a correlative duty to respect that right. The Kantian imperative states: “people cannot be treated like mere means to an end”. Thomas Percival, 1740-1804 was an English physician who could be proud that Voltaire and Diderot were amongst his friends. Percival issued an outstanding piece of work called “Medical ethics or a code of institutes and precepts, adapted to the professional conduct of physicians and surgeons” In the book published in Manchester, in 1803, printed by S. Russell for J. Johnson and R. Bickerstaff, he stated: “A Physician should be the Minister of Hope and Comfort to the Sick”. Percival isolated several self-evident causes for death in that time - poverty, malnourishment and lack of public hygiene. He made specific proposals for the more detailed and accurate keeping of official death records. Carl Friedrich Heinrich Marx, a medical student wrote his Doctoral thesis in Göttingen - De euthanasia medica, "Medical Euthanasia“stating some of the following ideas: "W hat good will it do the incurable patient to apply dangerous and dubious therapeutic measures? The entire plan of treatment will here confine itself within symptomatic and palliative medication.” "… and least of all should he be permitted, prompted either by other people's requests or by his own sense of mercy, to end the patient's pitiful condition by purposely and deliberately hastening death. How can it be permitted that he who is by law required to preserve life be the originator of, or partner in, its destruction?" (Cane W: "Medical euthanasia": A paper published in Latin in 1826, Translated and reintroduced to the medical profession, J Hist Med Allied Sci 1952; 7:401-16) quoted by ROBERT U. MASSEY, M.D. - When the Time for Heroics Has Passed - REFLECTIONS ON MEDICINE For clarification purposes: the other very famous Karl Marx (1818 – 1883) was too young in 1826, and earned his doctorate only in 1841 with a thesis titled The Difference Between the Democritean and Epicurean Philosophy of Nature, from FriedrichWilhelms-Universität in Berlin, and submitted his dissertation to the University of Jena. George Bernard Shaw, 1856-1950, Irish playwright, 1925 Nobel Prize for Literature may be famous, but few people know that he said in an interview the following: “As soon as life becomes a burden to the community, the State must be unsentimental and dispose of its lunatics, its criminals and misfits. The means however must be humane.” (Remarks to the author 1940s in Stephen Winsten, “Days with Bernard Shaw”, 19, 1949) Alexis Carell, 1873 - 1944, French surgeon, biologist and eugenicist, 1912 Nobel Prize in Medicine, unfortunately wrote extremely harsh statements in his essay “L'Homme, cet inconnu” (Man, The Unknown), published in 1935, as follows: "The conditioning of petty criminals with the whip, or some more scientific procedure, followed by a short stay in hospital, would probably suffice to insure order. Those who have murdered, robbed while armed with automatic pistol or machine gun, kidnapped children, despoiled the poor of their savings, misled the public in important matters, should be humanely and economically disposed of in small euthanasic institutions supplied with proper gasses. A similar treatment could be advantageously applied to the insane, guilty of criminal acts." Albert Einstein, 1865-1965, Alsatian medical doctor, theologian, and musician, who was awarded the 1952 Nobel Peace Prize is the creator of the modern times philosophy of "reverence for life“. He is known to have written: “Let me give you a definition of ethics: It is good to maintain and further life; it is bad to damage and destroy life”. (Religion and Modern Civilization, part 2, Christian Century, 29 November 1934) James Rachels, 1941-2003, American utilitarian philosopher expressed his quite shocking original ideas as following: 1. If we allow passive euthanasia, we should also allow active euthanasia. 2. There is no moral distinction between ‘killing and simply allowing another to die. 3. Active euthanasia is more humane than passive euthanasia. 4. If there is no doubt that the patient will die soon: Passive measures will not bring about the death of the patient; Passive measures will not enhance the remaining life of the patient; Passive euthanasia may cause significantly more pain for the patient, and often more family sufferings than active euthanasia. It is possible that future debates will continue this cascade of ideas, until specific laws will be passed.