Prisoners serving Life Sentences and Voluntary Euthanasia

In previous postings I have suggested that prisoners serving life sentences have a right to be assisted to commit suicide, see Prisoners serving Life Sentences. In this posting I will argue that this right should only apply to assisted suicide and should not extend to euthanasia. Before commencing my argument I will make some definitions I will use clear. Euthanasia means someone deliberately ends another’s life to end his suffering. Involuntary euthanasia means this is done when he does not consent. Non voluntary euthanasia means this is done when he is incapable of giving consent. Voluntary euthanasia means this is done with his consent. Assisted suicide means someone deliberately provides the means for another to end his own life. I will assume without any further argument that involuntary and non voluntary euthanasia are inapplicable to prisoners serving life sentences. In what follows I argue voluntary euthanasia should also be inapplicable to such prisoners.

Let us consider a prisoner serving a life sentence for some gruesome murder of an innocent person. Let us further assume this prisoner decides he wants to die. Why if he fully consents shouldn’t someone end his life? One reason might be that, unless the prisoner was suffering, doing so would not be a case of voluntary euthanasia. Moreover, unless the prisoner was suffering, it is not clear what would be the motive of whoever carried out the act. The motive could not be one of punishment for punishment should not depend on the wishes of the prisoner. However let us now assume our hypothetical prisoner is suffering. Why in these circumstances, provided the prisoner fully consents, shouldn’t someone end his life? One reason might be that the prisoner’s suffering could and should be relieved by other means. If his suffering is caused by poor penal conditions then these should be addressed. Voluntary euthanasia should never be used to tackle poor penal conditions; even if it tackles overcrowding! Let us now further assume that the prisoner’s suffering is not caused by poor penal conditions. Perhaps his suffering is caused by mental health problems. If a prisoner suffers from a physical illness such as diabetes then his suffering should be addressed by medical means. Similarly I would argue if a prisoner suffers from mental problems his suffering should be addressed by mental health experts. Voluntary euthanasia should not be used to address mental health problems. Lastly let us consider a scenario in which the prisoner’s suffering is not caused by penal conditions or any mental health problems. Perhaps he simply does not want to spend the rest of his days in prison or more unlikely perhaps he suffers from remorse because of the terrible crimes he committed. Surely if assisted suicide is permissible in such circumstances then so should voluntary euthanasia? I will now argue that voluntary euthanasia should also remain inapplicable even in these circumstances.

In my previous postings I have argued that a prisoner should retain some limited autonomy. Part of that limited autonomy is the right to commit suicide. As the state deprives a prisoner of the means to commit suicide it should provide him with these means in a controlled environment. The prisoner’s right to be assisted to commit suicide depends on his ability to make an autonomous decision. At this point an objector might point out voluntary euthanasia also involves an autonomous decision. She might proceed to argue, if I use a prisoner’s retention of limited autonomy to justify assisted suicide that, the same justification could apply to voluntary euthanasia.

I have two responses to my objector’s argument. Firstly I would suggest we have no need to kill someone provided he can be assisted to commit suicide. My objector might respond by suggesting that there is no real moral difference between killing and assisting someone to die. This is simply a variation of the acts and omissions problem and I will not deal with his suggestion here. My second response carries more weight. I would suggest we can never be completely certain whether someone’s decision is an autonomous one or not. I will then argue we can be more certain that someone has made an autonomous decision to commit suicide than when he gives informed consent to voluntary euthanasia. I will base my argument on the importance of what we care about when making autonomous decisions, see (1). Frankfurt argues autonomous decisions are decisions the agent cares about. I have suggested that autonomous decisions are decisions which are not discordant with what the agent cares about, see autonomous decisions . However I would agree with Frankfurt by suggesting an agent’s actions are better indicators of his autonomous decisions than the choices he makes or what he decides to do. The choices he makes and what he decides to do are only intentions. Sometimes when we come to act we find we cannot carry out our prior intentions because it was not clear to us what we really care about until we came to act. A prisoner giving informed consent to voluntary euthanasia is making a choice and deciding what would be best for him. His intentions are of course an indicator of an autonomous decision. However in the light of the above a prisoner’s actions in committing assisted suicide are a much better indicator of his autonomous decision.

1. Harry Frankfurt, 1988, The Importance of What We Care About. Cambridge University Press, page 84.

Is Toleration an Outdated Virtue?

It is sometimes argued that toleration is an outdated or incoherent virtue. One reason for given for this is John Horton’s example of a tolerant racist (1). In this posting I will argue his example does not give us any reason why we should not treat toleration as a virtue. In order to make my argument I must make clear what is meant by toleration and outline what is meant by a tolerant racist.

To be tolerant means someone accepting something he believes is bad or wrong and which she has the power to change. Toleration then has three elements. An example of a tolerant racist might be someone who accepts everyone has equal employment rights whilst believing certain racial groups should not have these rights, perhaps because he believes members of these groups are lazy, and has the power to deny members of these groups these rights in some limited circumstances. Such a person could be regarded as a tolerant racist. According to Magali Bessone if we accept the standard definition of toleration, outlined above, then “the more strongly racist a person is, the more virtuous he appears to be” (2). In essence the above means the stronger someone’s racist belief that these groups should not possess these rights then provided he does not act on these beliefs the more tolerant he appears to be. I will now argue this appearance is false because the example of the tolerant racist conflates the moral worth of tolerance with the amount of effort it takes someone to be tolerant.

At this point I want to introduce another example which I will call the reluctant truth teller. Let us assume someone finds it hard to tell the truth. He likes to embellish stories and exaggerate his exploits. Nonetheless this person forces himself to be truthful. Let us compare the reluctant truth teller with someone who finds it natural to be truthful. If we accept the logic of the tolerant racist then it would appear that the reluctant truth teller is morally more virtuous than the person who finds truth telling natural. I could proceed to construct an example of a reluctant just man and this would lead to an identical appearance. In general I would argue accepting the tolerant racist argument means accepting that in general someone who reluctantly accepts some virtue is morally more virtuous than someone who finds being virtuous in the same way natural. I would further argue accepting the tolerant racist argument means accepting the value of someone’s moral virtue depends on the amount of effort he has to make to act virtuously for all the virtues.

Why does acting virtuously have moral value? Several reasons might be advanced. It might for instance help society flourish or it might be aimed at some concept of the good. Whatever gives acting virtuously its moral value it does not seem to directly depend on the amount of effort someone makes. Increased effort aimed at evil ends certainly does not diminish the evil intended. I of course accept that extra effort aimed at achieving some virtuous end may make achieving that end easier but I do not accept this extra effort adds moral value to this end. Accepting the latter means accepting that, a racist who continues to tolerate other races, when he has the power to do otherwise, does not become more tolerant if his racism increases.

At this point someone might point out to me that the above argument depends on toleration being seen as a moral virtue. I accept his point. My objector might now suggest that toleration is a personal virtue in much the same way as courage is. He might further suggest if we accept that toleration is a personal virtue that the problems caused by the tolerant racist resurface. I believe toleration is a moral virtue but I am willing to accept that toleration may also be a personal virtue. However I am unwilling to accept even if toleration is regarded as a personal virtue that a racist, who tolerates other races whilst he has the power not to do so, increases his toleration if his racist beliefs increase. Let us accept that a brave or tolerant person usually flourishes better than he would have done had he not possessed these personal virtues. Let us accept that in general the value of a personal virtue is that it helps its possessor flourish better in life. It follows the value of toleration depends only on how tolerant someone is and not on how much effort it took him to be tolerant. In order to see why the above must be true let us consider an example. Let us consider two tolerant people. Let us also assume it is possible to measure tolerance to some degree, if this is not so the ideas connected to the tolerant racist example make no sense. The first tolerant person is extremely tolerant and toleration comes extremely easily to him. The second is only minimally tolerant and it takes him a great effort to achieve this minimal tolerance. If we allow that effort plays some part in the degree of toleration then it might be possible that both these persons possess the same degree of toleration. However it seems inconceivable provided all other things are equal that the person with only minimal toleration will flourish equally as well as the extremely tolerant person. A racist with only minimal toleration of other races will, all other things being equal, not flourish as well as a more tolerant person.

I have argued that toleration is not an outdated or incoherent virtue. I have argued that toleration helps someone flourish. However toleration not only benefits the tolerant person it benefits those tolerated. Helping others to flourish by toleration might help to some small degree to combat fundamentalism and so benefit society.  

1. John Horton, 1996, Toleration as a virtue, in D Heyd (editor), toleration: an elusive virtue, Princeton University Press, pages 28-43.
2. Magali Bessone, 2013, Will the Real Tolerant Racist Please Stand Up, Journal of Applied Philosophy, 30(3).