0 - Page 3 of 3 - Protection of Conscience Project Library

Rosamund Scott

Extract
This article focuses on . . . the locus and extent of legal decision-making power as regards the disabled fetus. It does this by exploring how the relationship between the law of abortion and that of wrongful birth affects the scope of a pregnant woman’s decision-making abilities in this context. . . .In order to reflect on how the law shapes and controls a woman’s (or couple’s) autonomy in this context, the article considers both the non- rights-based English legal position on abortion and its rights-based US counterpart, in addition to exploring aspects of the law of wrongful birth in both jurisdictions. It also makes some suggestions as to the value of autonomy in this context and how extensive it should be at law, although the opportunity to do so here is limited. The discussion entails reflection on the role of the medical profession, the relationship between autonomy and reasons and the interests of people with disabilities or impairments.

Scott R. Prenatal screening, autonomy and reasons: the relationship between the law of abortion and wrongful birth. Med Law Rev. 2003 Jan 01; 11(3):265-325.

Peter Bartmann

Abstract
In this essay I shall describe and analyse the current debate on physician assisted suicide in contemporary German Protestant church and theology. It will be shown that the Protestant (mainly Lutheran) Church in Germany together with her Roman Catholic sister church has a specific and influential position in the public discussion: The two churches counting the majority of the population in Germany among their members tend to ‘‘organize” a social and political consensus on end-of-life questions. This cooperation is until now very successful: Speaking with one voice on end-of-life questions, the two churches function as the guardians of a moral consensus which is appreciated even by many non-believers. . .I shall argue that it will be necessary to go beyond this actual controversy to the works of Gerhard Ebeling and Karl Barth for a clear and instructive account of conscience and a theological analysis of the concepts of life and suicide. On the basis of their considerations, a conscience-related approach to physician assisted suicide is developed.

Bartmann P. Physician-Assisted Suicide and Euthanasia: German Protestantism, Conscience, and the Limits of Purely Ethical Reflection. Christ Bioet. 2003;9(3):203-225.