Bioethics Yearbook VOLUME 5 THEOLOGICAL DEVELOPMENTS IN BIOETHICS: 1992-1994 Bioethics Yearbook VOLUMES The titles published in this series are listed at the end of this volume. Bioethics Yearbook VOLUME 5 THEOLOGICAL DEVELOPMENTS IN BIOETHICS: 1992-1994 THE CENTER FOR MEDICAL ETHICS AND HEALTH POLICY Baylor College of Medicine The Institute of Religion Rice University Houston, Texas, U.S.A. Edited by B. Andrew Lustig Editorial Advisory Board Baruch A. Brody H. Tristram Engelhardt, Jr. Laurence B. McCullough SPRINGER-SCIENCE+BUSINESS MEDIA, B.V. A C.I.P. Catalogue record for this book is available from the Library of Congress. ISBN 978-90-481-4802-8 ISBN 978-94-017-0904-0 (eBook) DOI 10.1007/978-94-017-0904-0 ISSN 0926-261X Printed on acid-free paper AlI Rights Reserved © 1997 Springer Science+Business Media Dordrecht OriginalIy published by Kluwer Academic Publishers in 1997 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the copyright owner. TABLE OF CONTENTS B. ANDREW LUSTIG Recent Trends in Theological Bioethics 1 JOSEPH BOYLE The Roman Catholic Tradition and Bioethics 11 COURTNEY S. CAMPBELL Ecclesiology and Ethics: An LDS Response 33 CROMWELL CRAWFORD Hindu Developments in Bioethics 55 ELLIOT N. DORFF Review of Recent Work in Jewish Bioethics 75 JUDITH A. GRANBOIS AND DAVID H. SMITH The Anglican Communion and Bioethics 93 GEORGE KHUSHF Bioethics and the Pentecostal Traditions: Christianity as an Alternative Healing System 123 PAUL NELSON Bioethics and the Lutheran Communion 143 GAMAL I. SEROUR Islamic Developments in Bioethics 171 ROBERT L. SHELTON Biomedical Ethics in Methodist Traditions 189 PAUL D. SIMMONS Baptist-Evangelical Medical Ethics 221 M. GENE SMALLEY Jehovah's Witnesses: Help with Bioethical Issues 259 ALLEN VERHEY Bioethics in the Reformed Tradition 269 VI TABLE OF CONTENTS NOTES ON CONTRIBUTORS 283 GENERAL INDEX 285 INDEX OF AUTHORS, BOOKS, AND DOCUMENTS 289 B. ANDREW LUSTIG RECENT TRENDS IN THEOLOGICAL BIOETHICS The Center for Medical Ethics and Health Policy, in conjunction with Kluwer Academic Publishers, is pleased to offer this fifth volume in our Bioethics Yearbook series. The Yearbook series has alternated between a biennial volume summarizing recent theological discussion on specific topics in bioethics and a biennial volume summarizing recent regional bioethics discussion. Volume One surveyed theological developments from 1988 until the end of 1990. Volume Three summarized theological discussions from the beginning of 1991 through 1992. The present volume surveys theological developments from the beginning of 1993 through 1994. In this volume, as in Volumes One and Three, we have invited scholars of significant reputation to chronicle and, if they wish, to interpret recent bioethics discussions in a large number of religious traditions. Volume Five includes surveys of developments in the following traditions: Roman Catholicism, the Latter-day Saints, Hinduism, Judaism, the Anglican Communion, Pentecostalism, Lutheranism, Islam, Methodism, Baptist Evangelicalism, Jehovah's Witnesses, and the Refonned Tradition. Regrettably, we were unable to solicit timely commentaries for Volume Five on recent Eastern Orthodox and Buddhist developments, but we have, for the first time in the Yearbook series, included essays on Pentecostal and Jehovah's Witness discussions. As with earlier volumes, in order to retain a uniformity to the discussions within Volume Five, as well as among volumes in the series, we have asked our authors to order their remarks, whenever possible, according to the following list of topics: new reproductive technologies, abortion, maternal fetal conflicts, care of severely disabled newborns, consent to treatment and experimentation, confidentiality, equitable access to health care, ethical concerns raised by cost-containment measures, decisions to withhold or withdraw life-sustaining treatment, assisted suicide and euthanasia, the definition of death, and organ donation and transplantation. Each author has addressed only those topics on the list that have been discussed in his or her tradition within the two-year time period under scrutiny. In addition, authors were free to conunent on issues not on the list in a fmal broad category, "other . " Issues. B. Andrew Lustig (Ed.), Bioethics Yearbook: Volume 5,1-9. el 1997 Kluwer Academic Publishers. 2 B. ANDREW LUSTIG Each biennial theological Yearbook is an effort to meet the need for a single volume that provides comprehensive and timely summaries of discussions in various religious traditions on specific topics in bioethics. We have commissioned our expert commentators to survey recent trends and developments in their traditions - both formal statements by official bodies and study groups, as well as less formal discussions that reflect the intellectual currents animating the continuing dialogue on particular issues. At the same time, we again left it to the discretion of our authors to place 1992-1994 developments in broader context by including those background documents and discussions they deemed necessary to clarify recent concerns. This latitude is especially important in the case of our first time contributors - George Khusf on Pentecostal bioethics and Gene Smalley on Jehovah's Witness developments. Besides offering up-to-date summaries of recent discussion, our authors have also provided useful bibliographical references to an extensive number of documents, many of which would otherwise prove difficult for individual scholars to know about, much less to assemble. In reading about developments in various traditions, readers will perceive characteristic similarities and differences in denominational approaches taken in basic theological methods as well as conclusions drawn on specific topics. Methodologically, there are differences in the degrees of bindingness associated with various documents, which reflect underlying differences in ecclesiology, pneumatology, and relevant sources of theological and moral authority. There are also significant differences both between and within denominations in discussion on particular issues. These intra denominational differences may reflect shifts in emphasis at the level of method. They also may emerge in response to new empirical developments; i.e., novel circumstances in research and therapy may move theological ethics from broadly theoretical musings to focused analyses of new possibilities. On the one hand, as I have noted in earlier volumes, these similarities and differences, both between and within traditions of theological reflection, may lead interested readers to muse about larger matters of fundamental theology to account for such agreement and divergence. Yet an immediate word of caution remains in order. A yearbook, if successful, achieves the important but limited purpose that its name implies. Volume Five, as other volumes in the Bioethics Yearbook series, is offered primarily as a summary and analysis of recent ethical discussion on specific topics. For scholars and others interested in more fundamental matters, this volume may serve the exemplify theological tendencies in concrete fashion. But no single volume in this series should be misinterpreted as an effort to discuss issues of foundational theology or ecclesiology in a sustained or systematic way. RECENT TRENDS IN THEOLOGICAL BIOETHICS 3 On the other hand, from the vantage point of having edited three theological volumes in the Yearbook series, it may be useful at this juncture to consider, at least briefly, how communities of faith have addressed particular issues during the past six years, in order to assess how discussions between and within commwrities of faith reveal features that differ from secular approaches. While it is to be expected that fundamental differences in moral method will often lead to different conclusions among traditions in their judgments on particular topics, it is equally clear that theological conclusions, although nuanced differently among communities of faith, often reveal broadly shared characteristics that stand in stark contrast to the moral minimalisrn at work in many secular approaches. Such similarities should not be all that surprising. For the convictions at work in theological ethics often eventuate in a discernible consensus among theological traditions that nonetheless remain distinct in matters of ecclesiology and authority. Theological arguments will often function in richer and more robust fashion than the lowest-common denominator, procedurally driven arguments common to secular perspectives. Let me consider, then, four topics - new reproductive technologies and practices, abortion, physician-assisted suicide and euthanasia, and equitable acc.ess to health care - which have generated significant discussion both within and across theological traditions during the last six years. A. New Reproductive Technologies and Practices. Among Christian denominations, only Roman Catholicism, as officially presented in recent docwnents, proscribes both artificial contraception and new reproductive practices on act-centered natural law grounds ([2], [3]). While many theological perspectives view procreation as a general mandate, specific acts of artificial contraception are deemed by most Christian traditions (e.g., [17], [19]), along with Hinduism [6] and Islam ([10], [11]), as responsible choices that can be exercised by spouses. Even within the Roman Catholic tradition, significant intramural discussion proceeds concerning the sources of authority that should be determinative in moral discussions. The so-called "inseparability principle", which sees conjugal intimacy and procreative potential as features necessarily present in each act of marital intercourse, leads to uniform judgments against artificial contraception and most practices of assisted reproduction. Ongoing debate within the Roman Catholic scholarly community, however, concerns the fundamental status of the inseparability principle itself and differing judgments about its relevance as a moral criterion. Thus, a specific set of issues - contraception and new reproductive practices - exemplify the robust character of the debate within this tradition and between it and others - about the 4 B. ANDREW LUSTIG normativity of the natural as a source of moral authority, about the way that the overall context of marriage is itself a relevant contributor to moral judgments about particular acts, and about the legitimacy of different voices, especially the experience of married persons, in helping to determine the "sense of the faithfuI" that has been consistently affIrmed since the time of the Second Vatican Council. Among other Christian denominations, as well as in the Hindu, Jewish, and Islamic communities, there are commonly voiced reservations regarding the legitimacy of new reproductive practices, such as artificial insemination by donor (AID), that involve donor gametes. Although the authoritativeness of particular conclusions is subject to question, a generally negative judgment is made regarding the acceptability of third-party involvement because of its potential disruptiveness of the marital bond (e.g., [7], pp. 90-91) and/or because of the right of the newborn to knowledge of hislher "legitimate ancestIy" ([10], p. 110). Commercial surrogacy is widely rejected, although the brunt of the opposition is often directed more forcefully at the commercial aspects of that practice than its intrinsic features. Because new reproductive practices and techniques often involve the technical manipulation of early embryos, the moral status of embryos emerges as an item of significant discussion and debate. Roman Catholic ([2], [3]) and Eastern Orthodox COIllIllClltators [9] share the judgment that any destruction of embryos constitutes a species of homicide. For other religious traditions, especially Protestant Christianity and certain strains of Judaism, the manipulation of embryos prior to implantation may well be acceptable, although the specifically theological grounds for that position will require greater elaboration in future discussion. Some statements distinguish sharply between the research use of "spare embryos" initially intended for in-vitro fertilization from the use of embryos created expressly for non-therapeutic purposes, with the latter proscribed. Other statements, however, allow the use of embryos for research, regardless of the circumstances of their provenance, for up to 14 days, until the formation of the primitive streak. The latter position, which closely parallels a number of recent secular recommendations, is linked to a general acknowledgment that embryos have some "moral status" and are deserving of "moral concern and respect". What is not well-developed, in terms irreducible to utiIitarianism, is the moral force of such phrases or their specific theological warrants, if any.