DDAARRKK Bioethics William R. LaFleur is E. Dale Saunders LaFLEUR Th e trial of the “German doctors” exposed Professor of Japanese Studies at the University BÖHME atrocities of Nazi medical science and led to of Pennsylvania and author of Liquid Life: SHIMAZONO the creation of the Nuremberg Code govern- Abortion and Buddhism in Japan. Where does one set the limits on medical ing human experimentation. In Japan, Unit research involving human subjects? 731 carried out hideous experiments on cap- DD M E D I C I N E Gernot Böhme recently retired as tured Chinese and downed American pilots. Professor of Philosophy at the Technical In the United States, stories linger of biologi- AA University of Darmstadt. He is a regular cal experimentation during the Korean War. contributor to European media on questions “By identifying and analyzing how the unethical was justifi ed and RR Are these instances of medicine gone mad of ethical, bioethical, political, and public rationalized, the authors draw moral and political lessons from or only wartime lapses? What of the claim this disturbing history that we have not yet really learned.” policy issues. His books in English include KK that, despite their reprehensible origins, —Nie Jing-Bao, author of Medical Ethics in China Coping with Science and Ethics in Context: many discoveries important to mainstream Th e Art of Dealing with Serious Questions. science and medicine were made? Where Rationalizing Unethical Medical Research M does one set the limits on research involving Susumu Shimazono is Professor in human subjects? “Th is collection of essays examines the past and future of evil the Department of Religious Studies at state-sponsored research. Its multinational authors bring fresh E Th is collection of essays looks at the his- the University of Tokyo and serves on the perspectives on twentieth century experiments by Germany, tory of the dark medical research that oc- Japanese Prime Minister’s Advisory Panel Japan, and the United States. Th e book’s second half looks to the D curred during and aft er the Second World on Bioethics. future. Diverse authors refl ect on how an un-self critical accep- War. Contributors explore this research, tance of medical risks; new concepts of body, death, and embryos; I how it was brought to light, and the ratio- and utopian visions of the cornucopia of science may be obscur- C nalizations of those who perpetrated and ing lessons from bitter experiences that we believe would deliver benefi ted from it. Th ey look at the response us from evil.” —Steven H. Miles, MD, Professor of Medicine I to the revelations of this horrifi c research and Bioethics, University of Minnesota N and its implications for present-day medi- cine and ethics. Th ey also look ahead to the E lessons that may and may not have been BIOETHICS AND THE HUMANITIES INDIANA learned about human experimentation for Eric M. Meslin and Richard B. Miller, editors an age of human embryo research and ge- University Press netic engineering. Bloomington & Indianapolis http://iupress.indiana.edu 1-800-842-6796 INDIANA EDITED BY WILLIAM R. LAFLEUR, GERNOT BÖHME, AND SUSUMU SHIMAZONO Jacket illustration: “Adam and Eve” by Svetlana Pugachova. Used with permission of the artist. Dark Medicine Bioethics and the Humanities Eric M. Meslin and Richard B. Miller, editors edited by W ILLI A M R . L A F LEU R , GER NOT BÖHM E, and SUSU M U SH I M A ZONO Dark Medicine Rationalizing Unethical Medical Research INDIANA UNIVERSITY PRESS Bloomington and Indianapolis This book is a publication of Indiana University Press 601 North Morton Street Bloomington, IN 47404-3797 USA http://iupress.indiana.edu Telephone orders 800-842-6796 Fax orders 812-855-7931 Orders by e-mail [email protected] © 2007 by Indiana University Press All rights reserved No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage and retrieval system, without permission in writing from the publisher. The Association of American University Presses’ Resolution on Permissions con- stitutes the only exception to this prohibition. The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Manufactured in the United States of America Library of Congress Cataloging-in-Publication Data Dark medicine : rationalizing unethical medical research / edited by William R. LaFleur, Gernot Böhme, and Susumu Shimazono. p. ; cm. — (Bioethics and the humanities) Includes bibliographical references and index. ISBN 978-0-253-34872-2 (cloth : alk. paper) 1. Human experimentation in medicine—Moral and ethical aspects. 2. Medicine—Research—Moral and ethical aspects. 3. Medical ethics—History. I. LaFleur, William R. II. Böhme, Gernot. III. Shimazono, Susumu, date IV. Series. [DNLM: 1. Human Experimentation—ethics. 2. Human Experimentation—history. 3. Bioethical Issues. 4. History, 20th Century. W 20.55.H9 D219 2007] R853.H8D3776 2007 174.2′8—dc22 2007000635 1 2 3 4 5 12 11 10 09 08 07 this book is dedicated —To the many people, mostly dead but some alive, who suffered or even perished because inhumane research had been rationalized —To the memory of Hans Jonas (1903–1993), who demonstrated that both history and philosophy give us grounds for putting prudence into our bioethics. Americans were kept in the dark about the effects of what was being done to them . . . for these experiments were kept secret. President Bill Clinton, on October 3, 1995, concerning the Report of the Advisory Committee on Human Radiation Experiments Contents Preface ix Acknowledgments xi Introduction: The Knowledge Tree and Its Double Fruit 1 William R. LaFleur PART ONE the gruesome past and lessons not yet learned 1. Rationalizing Unethical Medical Research: Taking Seriously the Case of Viktor von Weizsäcker 15 Gernot Böhme 2. Medical Research, Morality, and History: The German Journal Ethik and the Limits of Human Experimentation 30 Andreas Frewer 3. Experimentation on Humans and Informed Consent: How We Arrived Where We Are 46 Rolf Winau 4. The Silence of the Scholars 57 Benno Müller-Hill 5. The Ethics of Evil: The Challenge and the Lessons of Nazi Medical Experiments 63 Arthur L. Caplan 6. Unit 731 and the Human Skulls Discovered in 1989: Physicians Carrying Out Organized Crimes 73 Kei-ichi Tsuneishi 7. Biohazard: Unit 731 in Postwar Japanese Politics of National “Forgetfulness” 85 Frederick R. Dickinson 8. Biological Weapons: The United States and the Korean War 105 G. Cameron Hurst III 9. Experimental Injury: Wound Ballistics and Aviation Medicine in Mid-century America 121 Susan Lindee 10. Stumbling Toward Bioethics: Human Experiments Policy and the Early Cold War 138 Jonathan D. Moreno PART TWO the conflicted present and the worrisome future 11. Toward an Ethics of Iatrogenesis 149 Renée C. Fox 12. Strategies for Survival versus Accepting Impermanence: Rationalizing Brain Death and Organ Transplantation Today 165 Tetsuo Yamaori 13. The Age of a “Revolutionized Human Body” and the Right to Die 180 Yoshihiko Komatsu 14. Why We Must Be Prudent in Research Using Human Embryos: Differing Views of Human Dignity 201 Susumu Shimazono 15. Eugenics, Reproductive Technologies, and the Feminist Dilemma in Japan 223 Miho Ogino 16. Refusing Utopia’s Bait: Research, Rationalizations, and Hans Jonas 233 William R. LaFleur List of Contributors 247 Index 253 viii Contents Preface Nations involved today in international competition in biotech research often behave like drivers in an old-fashioned stock-car race. Each is constantly aware of others in the race and uses anxiety about relative “position” to rationalize stepping harder on the accelerator and taking ever-greater risks. In fact, a kind of raw fear can grip the so-called advanced nations if there seems to be some evidence, perhaps real but possibly only fabricated, that na- tions deemed just a few years ago to be underdeveloped in science and biomedi- cine have not only already caught up but have been sighted as now in the passing lane. This perception then gets infused into debates about bioethics. For in- stance, although one can construct a cogent moral argument on behalf of fed- eral funding of therapeutic stem-cell research, a sizable portion of the “case” for this, as presented both to the American general public and to the U.S. Con- gress in 2006, depended on conjuring images of an America no longer able to be ¤rst among nations in these domains. Although this is utterly dubious as an ethical argument to justify any program in medicine, in today’s world blatant appeals to scienti¤c nationalism get imported into politics . . . and even into bioethics. Asian societies, taken as monolithic, get cited by speed-enthralled Americans as now poised to cop the really big prizes of biotech hard-driving. And the pu- tative reason for this, we are told, is that Asians have no inhibitions in this do- main. No limit-obsessed God, no heavy-handed church, no sentiment about life’s sanctity will, we are told, stand in the way of Asians’ rushing ahead of the West in the domain of what Renée Fox has—tellingly—called “frontier medi- cine.” This is a half-truth. It has, if you look, already resulted in some recent wreck- age on the scene; Korea’s Dr. Woo Suk Hwang, prior to the horrendous 2005 crash of his fraudulent cell nuclear transfer project, had been touting his “Bud- dhism” as the reason, at least for him, human cloning posed no ethical problems whatsoever. And, until his big crash, some American scientists and ethicists publicly expressed envy of Hwang’s perceived advantage. More fundamentally, however, the problem with the version of an uninhibited Asia cherished today by some Western scientists is naïve—at least when it is not craftily manipulating blissful ignorance (plus the “¤ndings” of quickie junkets to Asia) to rationalize acceleration at home. This book, at times through studies of the past that may prove downright painful to some readers, is intended by its editors to put the lie to such naïveté. For instance, the Japan examined here will not ¤t easily into any facile sketch of an “uninhibited Asia.” While Japan is probably the world’s most advanced na-