I am suggesting this as a constraint on accommodation, and not a conceptual component of moral integrity. The question Jewish law asks is how concerned must one who observes Jewish law be when other people seek their support in doing something that violates Jewish law, and what biblical verse or category of rabbinic law does this fall under? 2000;97(8):424. However, if the person who is sinning knows exactly what they are doing and has decided to do the forbidden act without concern for any Torah prohibition that might exist, the rabbis did not require one to try to prevent them from doing so, and therefore, this rabbinic prohibition against assisting them doesn’t apply.Footnote 19 This is especially true if allowing a person to engage in a prohibited act might prevent that person from violating an even worse prohibition instead. 22. ), Encyclopedia of bioethics, 3rd edn (Vol. Bioethics, 30, 336–343; Charo, R. A. 0000053139 00000 n Footnote 26. 0000018128 00000 n 0 Indeed, objecting can become an exercise in futility or potentially cause even worse outcomes than might ensue by refusing to participate. Calhoun, C. Standing for something. Footnote 11 Babylonian Talmud, Tractate Pesachim 22a; Moed Katan 17a; Bava Metzia 75b. The classic example in the Talmud is a prohibition against giving a cup of wine to a person who has vowed not to drink wine (a “Nazir”), since giving them the cup can enable them to transgress their vow by drinking from it.Footnote 11. Ashford does not apply the distinction between objective and subjective integrity to conscientious objection. Conscientious objection in health care provision: A new dimension. Google Scholar. Extending the forbidden item across the river places a “stumbling block” by creating the opportunity to sin and is thus prohibited by this verse.Footnote 12 However, one would not violate this verse by passing a cup to the person if both of them are on the same side of the river, meaning that the transgressor could have engaged in that prohibited action on their own without any help specifically from the one who passed it to them.Footnote 13 This ruling reconceptualizes the conscientious objection discussion by claiming that if an problematic action is going to occur anyways, then assisting with it is not as morally problematic. The permissive category within these laws that may be the most relevant for medical professionals focuses on the claim that the only reason the rabbis prohibited one from assisting another person’s violation of Jewish law, even when that person can transgress on their own, is because they wanted people to discourage others from sinning. The Chronicle of Higher Education, A41, A43. Babylonian Talmud, Tractate Avodah Zarah 14a. Hepler, C. (2005). The legal concept of “conscientious objection” dates back at least to the 1948 Universal Declaration of Human Rights. Conscientious objection in medicine. Lynne McFall draws a useful distinction between defeasible and identity-conferring commitments. This is because deeply identifying with what one does, puts one’s integrity beyond question.” They need not question the value of participation in community deliberation along the lines advocated by Calhoun. Is conscientious objection incompatible with a physician’s professional obligations? Footnote 25 To avoid risking that unacceptably subjective judgments about an agent’s moral convictions will affect the determination of whether that agent’s moral integrity is at stake, it is warranted not to include a reasonableness condition among the criteria for moral integrity. This possibility is especially problematic, since it is difficult to distinguish conscientious objection from objection from false motivations, such as cowardice or dislike (Lachman 2014).
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