Wednesday, January 10, 2007

Oral contraceptives as abortifacients

Daniel Hill writes: "I have been discussing with a friend the possibility that the oral contraceptive pill functions as an abortifacient. See, e.g.,: The Growing Debate About the Abortifacient Effect of the Birth Control Pill and the Principle of Double Effect by Waltet Larimore, MD <http://www.epm.org/articles/pilldebate2.html> Ethics and Medicine (January, 2000;16(1):23-30)

A condensation of the booklet Does the Birth Control Pill Cause Abortions? <http://www.epm.org/articles/bcp5400.html>

Since I don't rule out contraception in general, but do rule out abortion, this is of great interest and concern to me. It may be of less interest to you, but this friend also argued that it was impermissible for somebody using NFP to drink coffee, since coffee can (he said) kill a newly fertilized egg (and, indeed, a foetus). Further, since, he went on, coffee affects the ovum, whether fertilized or not, he argued that it was impermissible for a woman ever to drink coffee (pre-menopause) since she would run the risk of damaging her ova in such a way that when fertilized they would not implant, and, hence, that one would be indirectly (though of course unintentionally) bringing about the death of a fertilized egg, should one later become sexually active.

Have you come across these arguments before? How should one respond to them?"

Respondeo: First, I take it that it is uncontroversial that the conventional 'pill' can act as an abortifacient. A similar thing is true of the 'Morning After Pill': that it can prevent fertilisation, but it also works by preventing implantation. If you take the thing after sex has occurred, the chance of it working (if it works) contraceptively, rather than by causing an abortion, is reduced, and continues to fall as time goes on.

I don't see what NFP has got to do with it.

But the coffee issue is less complicated that it looks. It is conceivable (though highly unlikely) that a woman is drinking coffee in order to cause an abortion, or to mutilate herself with a view to reducing her fertility. That would violate the prohibitions on intending those things.

But if not, then it is simply the familiar question: how much care must a (potentially) pregnant woman take over her health? And the answer is: be reasonable! If drinking coffee increases the chance of miscarriage only by some tiny per cent, and a woman regards giving up as a serious inconvenience, then she's under no obligation to give up. If the danger is significant and the inconvenience small, then she should give up. The same is true of crossing the road.

As it happens I've not heard that about coffee. But every other thing is supposed to be bad for pregnant women, and it's becoming absurd. What is really the worst thing for them, IMHO, is to turn them into neurotic invalids, but that's another story...

What is tricky is whether women taking chemicals advertised as 'contraceptives' ('emergency' or not) are guilty in any sense of abortion. Anyone who cares about it will find out quickly enough that taking those things act as abortifacients, but that doesn't settle the question of whether they intend them to act as such. They may, of course, but if they don't then there's still the wrongdoing of recklessness with an innocent life which the agent in question has a particular duty to protect.

Hope that helps.

Saturday, January 06, 2007

Absolute prohibitions

Daniel Hill draws my attention to a Jewish moralist's summary of moral absolutes - things one can never do under any circumstances at all - as a very short list: murder, apostasy, and one or two other things (I think). Can the Catholic tradition produce a similar, neat list?

It looks as though it should be able to. There is a healthy debate on whether lying is forbidden absolutely, or only in certain circumstances. Killing the innocent is clearly prohibited absolutely, as is apostasy. So where's the list?

The problem (if it is a problem) is that Catholic moralists seem to want every prohibition, or at least as many as possible, to be absolute. So, faced with a situation in which a certain class of actions is permissible in some circumstances, and not in others, the tendency is to define a sub-set as being forbidden in all circumstances. So, with lying, for example, we have the taxonomy of officious, jocose and malicious; the last is absolutely forbidden; the jocose lie is not forbidden at all (or at least not on pain of mortal sin), and we can go on arguing about the officious one, but it's probably absolutely forbidden too.

Similarly, to argue that in some cases (the 'starving man and the rich man's surplus') theft is permissible, turns into an argument in favour of a narrower definition of theft, with the starving man case excluded from it, which is absolutely forbidden.

Is this a good or a bad methodological tendency? Although it seems confusing, I think it is the inevitable consequence of two good things. First, it derives from an attempt to cover every case in a clear way. Jewish casuistry is equally interested in hard cases as Catholic casuistry, but is less interested (as far as I can see) in reducing the casuistical analysis to a statement of principles. (Ie to say: now we've got a set of cases where the act is wrong and a set where it is right, what exactly is the principle dividing them?) With the ultimate focus on specific morally relevant principles, rather than more general principles with a set of exceptions, you end up with more moral absolutes.

Second, the role of intention (as usual!) has a role here. The concept of intention makes it possible to produce these plausible and specific moral principles, since the intention of each kind of harm to another is something which can be absolutely forbidden. The exceptions to rules such as 'do not kill' mostly turn out to be cases in which the killing is not intended.

In dealing with non-intended harms there is, instead of an absolute prohibition, the principle of proportionality.

In conclusion, one could say (although the manualists don't talk like this) that there is just one absolute prohibition in Catholic ethics: do not intend harm. And one non-absolute restriction: do not cause foreseen and disproportionate harm. (Plus there are positive duties, such as the duty of worship and obedience to God, and the duty of aid to our neighbour.) Since the question of what is 'harm' in the necessary sense is a controversial one, it is more usual to specify the absolute restrictions as: do not intend deaths, losses of property, etc., each of which has a sister-principle limiting non-intended harms of that kind by the principle of proportionality.

Secularism and state neutrality

Christianity and the ‘non-confessional state’. (This was published by CFNews: see here.)

Philip Trower, in his 2004 article for Catholic World Report included in the 4th Jan CFNews bulletin, argues that the rise of militant secularism – evidenced by the rigorous exclusion of religious language and symbolism from public life, for example – derives from the collapse of the ‘non-confessional state’, a state which does not prefer one religion to another, into a ‘secularist state’, a state in which a set of avowedly non-religious values, centering around humanism and hedonism, are given official status. This is a kind of confessional state, in which what the state confesses is a secularism which has become a substitute religion.

Trower’s diagnosis is certainly correct. What I cannot, however, agree with is the prognosis: the implication of his article that what is needed is a return to a non-confessional state, and that the process by which non-confessional states have become secularist states is based on a ‘misunderstanding’. If only, he implies, politicians and others understood the distinction properly, then we would not have the problem of militant secularism being imposed on us by the state. State schools could go on having nativity plays, etc. etc..

The problem is that there is a deep confusion in the very notion of a non-confessional state. Such a state is supposed to be neutral on controversial, value-laden issues, notably about which religion is correct. So how, in such a state, should human biology, or the history of the Reformation, be taught? What textbooks should be used? The problem is not that these are difficult questions, but that if the state has no controversial or religious values of its own, it will have no basis upon which to make the decisions.

Again: which religions and churches should be accorded charitable status, and for what faith groups should military chaplains be provided? The Taliban? Scientologists? Satanists? How is the state to determine that question, if it has no theological values?

The answer given by political theorists friendly to the idea of a ‘neutral state’, is that without reference to controversial, value-laden religious claims, the state can conduct its affairs by reference to what all reasonable people agree about: basic rationality. Everyone wants food on the table and a roof over their heads, and so on. This quickly reveals itself to be a form of reasoning that does not simply leave to one side the question of which religion is true, but assumes that they are all false. For if the only thing the state takes into account is our material needs, then it is acting as if we had no other needs at all: it has de facto adopted materialism as a substitute religion. The form of ‘rationality’ here, of course, is far from uncontroversial, and carries with it the potential to turn a non-confessional state into a secularist one. This problem has been explored at length by Alastair MacIntyre’s appropriately named book: ‘Whose Justice? Which Rationality?’

The same thing has been forseen in a different way by Edward Norman, in his book ‘Secularization’, where he points out that the non-confessional state is not the stable end-point of a political development, but is simply a transitional phase, when the dominant religion has lost the power or the will to impose itself on the state, but is still too strong to be ignored completely. The rising set of values which will soon be, and in many ways already is, the official creed of the state, is secularism.

The fact is that the state cannot do without values. Political judgments, judgments about the relative merits of educational philosophies or medical treatments, can only be made with the help of values. A non-confessional state inevitably gravitates towards a set of humanistic, hedonistic and secular values, because any move in any other direction will be attacked as giving one religion priority over another.

Catholics and members of other religions have to be clear about this. The goal of their political engagement is not to push the state back into the untenable position of making decisions neither on the basis of Anglicanism nor on the basis of any other coherent set of values or world view. That would be an absurd and Quixotic project. No: our aim is to get the state to make decisions on the basis of what we believe to be the correct values and world view. Sterlising the disabled makes sense if traditional, religiously inspired moral values are set aside in favour of hedonism and materialism. In opposing something like this, we are trying to get politicians and the general public to see that hedonism and materialism are inadequate, and that our own values are superior. We are pushing them, however feebly, towards a confession of the Truth, the only basis upon which correct judgments about how to promote the Common Good will be made.

Joseph Shaw

Tuesday, August 29, 2006

On-line casuistry

I thought it would be fun for people to post links to any on-line manuals of casuistry with which they are familiar. Here are some that I have found:
A Brief Text-book of Moral Philosophy by Charles Coppens
(Here is the definition of a lie: A falsehood, or lie, is speech contrary to one's mind.)
Moral Philosophy: Ethics, Deonoology and Natural Law by Joseph Rickaby
(Here is his definition of 'lying': a formal lie is saying what one believes not to be true, or promising what one intends not to perform: briefly, it is speaking against one's mind.)
Catholic Moral Teaching / by Joseph Mausbach
(Here is a section on lying.)
Elements of Moral Theology by John J. Elmendorf
(Here is the section on lying.)

On-line casuistry

I thought it would be fun for people to post links to any on-line manuals of casuistry with which they are familiar. Here are some that I have found:
A Brief Text-book of Moral Philosophy by Charles Coppens
(Here is the definition of a lie: A falsehood, or lie, is speech contrary to one's mind.)
Moral Philosophy: Ethics, Deonoology and Natural Law by Joseph Rickaby
(Here is his definition of 'lying': a formal lie is saying what one believes not to be true, or promising what one intends not to perform: briefly, it is speaking against one's mind.)
Catholic Moral Teaching / by Joseph Mausbach
(Here is a section on lying.)
Elements of Moral Theology by John J. Elmendorf
(Here is the section on lying.)

Thursday, August 24, 2006

Lying in the CCC

An interesting fact reported this week by Quentin de la Bedoyere on lying in the Catechism of the Catholic Church. As he notes, the explanation of the obligation was changed between editions:

Version 1: a lie is 'to speak or act against the truth in order to lead into error someone who has the right to know the truth.' The 'Justice' version.

Version 2: a lie is 'to speak or act against the truth in order to lead someone into error' - with an added proviso that one should use discreet language. The 'Natural Law' version.

The fact that Version one appeared in the CCC is sufficient to show that it is a permissible position in Catholic theology. It is less restrictive, and would be a lot easier to use in hard cases: one may tell untruths in order to lead into error, when one's interlocutor is engaged in some wicked enterprise for which the information one has is vital. It is also clearly what St Robert Southwell acted on, as famously explained at his trial. I'll try to put his dialogue with the prosecutor onto this blog.

Wednesday, August 16, 2006

Is it ever permissible to deceive?

Not long ago the government urged us to leave lights on when we go out, in order to prevent burglaries. There are three possible ways of looking at this:
  1. It's a case of impermissible deception: the government is asking us to bring it about that burglars believe a falsehood, viz. that we are in when we aren't, and it's always wrong to bring it about that someone believe a falsehood (at least if the person does not consent).
  2. It's a case of permissible deception: the government is asking us to bring it about that burglars believe a falsehood, but the burglars have no right to know the truth here, so their rights are not violated if we bring it about that they believe a falsehood. (A similar argument was used to justify Sven-Goran Eriksson's lying to his employers about his sex life.)
  3. It's not a case of deception: we do not intend to bring it about that burglars believe a falsehood, we intend to bring it about that they do not believe the truth (viz. that we are out) -- our intentions would be fulfilled if the burglar suspended judgment. We intend merely that the lights' being on should bring it about that the burglar not think that we are in.
I'm inclined to favour (1) above. (I wonder if a burglar has ever broken into a house with the lights on, found nobody at home, and trashed the place, leaving a message saying 'Thought you would try to deceive me, did you?'. It may also be the case, long term, that the result of this scheme will be that burglars will break into more houses with lights on, thinking that nobody is at home, and end up having to beat up the occupants. This may thus lead to a rise in violent crime even if it leads to a decrease in burglary.)

Another interesting example is a friend of a friend that used to smuggle Chinese Bibles into China. He was asked by a custom officer whether he had any literature in his case. He replied:
I have no literature that I can read.
He said this because he thought it would be morally wrong to say 'No', as that would have been a lie. He also thought that it would have been foolish to say 'Yes', as then the custom officer would have found and confiscated the Bibles. He seemed quite pleased with the way round the impasse that he discovered (being unable to read Chinese). But if he wished to bring it about that the custom officer believe a falsehood (viz. that he had no literature in his case) is that really any better than lying? Obviously the custom officer's job was not to ascertain whether he had any literature that he could read but whether he had any literature at all in his case. But perhaps this friend of a friend intended merely that the custom officer shouldn't believe that he had any literature in his case; perhaps he intended just to confuse the officer.

One final, famous, example on the same point. In response to the famous case of the mad axeman at the door asking whether one's friend is inside, many mediaeval casuists asserted that one should say 'non est hic', which could mean either the true 'he is not eating here' or the false 'he is not here'. But if one intends that the axeman should take it in the latter sense, as surely one does, is one not attempting to deceive him, and is this not as bad as lying to him? (Again, perhaps it is possible that one is intending merely that he shouldn't form the opinion that the friend is inside; perhaps one is trying only to confuse, but this seems unlikely.)

Other examples of deception are:

(i) telling children 'noble' lies, e.g. about Santa Claus/Father Christmas;

(ii) teaching children simplified, and strictly false, versions of chemistry, physics, etc., because the truth is too hard for them to understand

(iii) giving approximations because the exact truth would be too tedious to spell out in detail.

One can argue that (iii) doesn't really count because one is affirming not the approximation as an exact truth, but the approximation as an approximation, and this will be understood by one's interlocutor. Are (i) and (ii) justified, though?

Lastly, and most strikingly, there appear to be examples in the Bible where God himself deceives. The two most famous are 2 Thessalonians 2: 11, 'Therefore God sends them [the perishing] a strong delusion, so that they may believe what is false', and the story of God's sending the lying spirit to deceive Ahab, reported in 1 Kings 22:
19 Micaiah continued, "Therefore hear the word of the LORD : I saw the LORD sitting on his throne with all the host of heaven standing around him on his right and on his left. 20 And the LORD said, 'Who will entice Ahab into attacking Ramoth Gilead and going to his death there?'
"One suggested this, and another that. 21 Finally, a spirit came forward, stood before the LORD and said, 'I will entice him.'

22 " 'By what means?' the LORD asked.
" 'I will go out and be a lying spirit in the mouths of all his prophets,' he said.
" 'You will succeed in enticing him,' said the LORD. 'Go and do it.'

23 "So now the LORD has put a lying spirit in the mouths of all these prophets of yours. The LORD has decreed disaster for you."

Is it significant that in these passages God acts through secondary means rather than directly affirming a falsehood himself. Do these passages show that it is permissible sometimes for us to deceive after all? Or do they show only that it is sometimes permissible for God to deceive?

Any thoughts?