Judaism and Bioethics Flashcards
Bioethical Sensibility
The culturally constructed norms, values, and feelings about what is right/wrong or healthy/unhealthy
Pikuach Nefesh
The obligation in Jewish law to save a life when possible
Overrides most other commandments
Sakanah
Danger or risk to life and health
Helps determine when Jewish laws can be overridden for medical need
Choleh
A sick person who has special status in Jewish law
Laws are more lenient for them, others have duties to help them
Safek
Doubt or uncertainty about a situation
Principle that in cases of doubt, choose the option that preserves life/health
Shabbat restrictions
Categories of “work” prohibited on Sabbath
But can be violated if necessary to preserve life/health
“It is good to be swift”
Act quickly and decisively in medical emergencies
Don’t hesitate to break Shabbat restrictions to help
Rabbinical licensing
Rabbis licensed doctors to ensure competence, prevent harm
Provided some protection in cases of unintentional harm
Acceptable risk
Balancing risks vs benefits in medical care
More willingness to accept risks to preserve life
Compensation for time
Doctors compensated for time lost, not medical advice itself
Prevented exploiting patients’ desperation
Medical malpractice
Negligence, standards of care
Unintentional harm protected if licensed doctor
Mishnah, Gemara
Rabbinic texts compiling Oral Torah and debates/commentary
Mishnah contains laws, Gemara analyzes and comments
Halakha
Jewish religious law derived from scriptures/rabbinic texts
Mitzvah
Religious obligation or commandment
Rofe
Physician
Nahmanides and Maimonides
Influential medieval rabbi physicians who wrote on medical ethics
Personhood
Human embodied and able to carry out mitzvot
Body and soul closely connected
Alleviation of suffering
Obligation to relieve suffering even if laws must be violated
Providing medical care
Not optional a religious commandment
Body/soul distinction
More unified in Jewish thought than Christian thought
Status of fetus
Considered part of the mother until birth
Concerns about poor care
Licensing to prevent scams and incompetence
Surprise about Jewish doctors
Despite antisemitism, Christians still used Jewish doctors
Rights vs. duties
Contemporary bioethics focused on rights over duties
Jewish thought emphasizes duties
“Etiolated” patient
Stripped of duties and relationships, just autonomous individual
Friedman
Argues for duties based approach in consultations
“Sing his song”
Accept judgment, then move on