Showing 61 - 63 of 63 annotations tagged with the keyword "Law and Medicine"
Thirteen years into the epidemic, Hollywood's first mainstream response to AIDS premiered: Jonathan Demme's Philadelphia. In an attempt to neutralize the inherent difficulties posed by the subject matter (a sexually transmitted and deadly disease) and the characters (male homosexuals), the director consistently described the film as an analysis of prejudice, while Tristar Pictures, which released it, confusedly promoted it as a film that was not really about AIDS or about somebody who had AIDS.
What the film appears to be about is Andrew Beckett (Tom Hanks), the rising star of Philadelphia's most prestigious law firm. Unbeknownst to his co-workers, Andrew is gay and has AIDS. When the truth is suspected, he is fired on trumped up charges of incompetence and decides to sue his former bosses for AIDS-based discrimination.
Nine lawyers refuse the case as does Joe Miller (Denzel Washington), an avowed homophobic and AIDS-phobic ambulance chaser. He later changes his stance and takes the case as a matter of simple justice although he remains steadfast in his prejudice against gays. With the support of his partner, Miguel (Antonio Banderas), Andrew takes on the system. He wins the case and dies the following day.
In Rethinking Life and Death: The Collapse of Our Traditional Values, Peter Singer argues that "the traditional western ethic has collapsed" as we enter "a period of transition in our attitude to the sanctity of life" (pp. 1). The book begins with the tale of Trisha Marshall, a twenty-eight year old woman, who in 1993 was seventeen weeks pregnant when a gunshot to her head left her in an intensive care unit, her body warm, her heart beating, a respirator supporting her breathing. However, she was brain dead.
Her boyfriend and her parents wanted the hospital to do everything possible so that the baby would be born. The ethics committee of the hospital supported the decision. For the next 100 days, Trisha Marshall continued to be supported in the ICU until her baby was delivered by cesarean birth. After a blood test showed that the boyfriend was not the father, and after three weeks in the intensive care unit, the baby went to live with Marshall's parents.
Singer uses this introduction to pose the many ethical questions that are raised because of medicine's ability to keep a "brain dead" body warm for an extended period of time. "How should we treat someone whose brain is dead, but whose body is still warm and breathing? Is a fetus the kind of being whose life we should make great efforts to preserve? If so, should these efforts be made irrespective of their cost? Shall we just ignore the other lives that might be saved with the medical resources required?
Should efforts to preserve the fetus be made only when it is clear that the mother would have wanted this? Or when the (presumed?) father or other close relatives ask for the fetus to be saved? Or do we make these efforts because the fetus has a right to life which could only be overridden by the right of the pregnant woman to control her own body--and in this case there is no living pregnant woman whose rights override those of the fetus?" (pp. 17-18).
In the chapters that follow, Singer argues that whether western society will acknowledge it or not, we have, in our actions and decisions, moved to an ethic where "quality of life" distinctions trump "sanctity of life" positions. Yet, many continue to raise the "sanctity of life" position when it is clear that our legal and ethical positions in western society have embraced the "quality of life" stance. For Singer, this paradox results in an incoherent and illogical approach to the ethical challenges presented by modern medicine.
Throughout his book, Singer presents evidence for his argument through ethical and historical analysis of brain death, abortion, physician assisted suicide and euthanasia, organ donation, and the nature of persons. For those uncomfortable with Singer's position on "infanticide," this book allows one to follow Singer's argument and his recommendations in the last chapter for a coherent approach to these "quality of life" decisions.
He closes his book with the recommendation that a new ethic should embrace five new commandments to replace the old "sanctity of life" commandments. His commandments are: 1) Recognize that the worth of human life varies; 2) Take responsibility for the consequences of our decisions (in end of life care); 3) Respect a person's desire to live or die; 4) Bring children into the world only if they are wanted; and 5) Do not discriminate on the basis of species.
When Alice Sebold, author of the best-selling novel, The Lovely Bones (see this database), was completing her freshmen year at Syracuse University, she was assaulted and raped. Years after the fact, Sebold wrote this memoir about the rape and its aftermath. The book's title, "Lucky," is explained in the prologue: the police told Sebold that she was lucky to have escaped the fate of another girl who had been murdered and dismembered in the same spot. In point of fact, Sebold, a virgin before the rape, was in a sense murdered, since life as she had known it would never be the same: "My life was over; my life had just begun" (33).
In crisp, lively prose the author takes us relentlessly through the details of her rape and the police inquiry that followed. We learn also that the narrator had suffered from a poor body self-image, loved to spend her time reading, had day-dreams of becoming a poet. We learn about her family--a mother prone to severe panic attacks and a professorial father who hid behind his books, an older sister who helped Alice take care of their mother. The family was considered by neighbors to be "weird."
After the rape, Sebold felt even more isolated and "Other." She could not bring herself to tell her family, who tip-toed around her, all of the horrendous details of the assault. She realized that all who knew her were aware she had been raped and were uneasy in her presence. Her father could not understand how she could have been raped if the assailant's knife had dropped out of reach.
In spite of everything, Alice returns to Syracuse, taking poetry workshops with Tess Gallagher and a writing workshop with Tobias Wolff. Incredibly, she spots her assailant one day on the street near the college. The author notifies the police, the assailant is later arrested, and Alice agrees to press charges and to be a witness at the trial. Neither her father nor her mother have the stomach to come to the trial, but Tess Gallagher accompanies her. The account of the trial is detailed, agonizing, and fascinating.