Protecting reasonable conscientious refusals in health care.Jason T. Eberl -2019 -Theoretical Medicine and Bioethics 40 (6):565-581.detailsRecently, debate over whether health care providers should have a protected right to conscientiously refuse to offer legal health care services—such as abortion, elective sterilization, aid in dying, or treatments for transgender patients—has grown exponentially. I advance a modified compromise view that bases respect for claims of conscientious refusal to provide specific health care services on a publicly defensible rationale. This view requires health care providers who refuse such services to disclose their availability by other providers, as well as to (...) arrange for referrals or facilitate transfers of care. This requirement raises the question of whether providers are being forced to be complicit in the provision of services they deem to be morally objectionable. I conclude by showing how this modified compromise view answers the most significant objections mounted by critics of the right to conscientious refusal and safeguards providers from having to offer services that most directly threaten their moral integrity. (shrink)
Thomistic Principles and Bioethics.Jason T. Eberl -2006 - New York: Routledge.detailsAlongside a revival of interest in Thomism in philosophy, scholars have realised its relevance when addressing certain contemporary issues in bioethics. This book offers a rigorous interpretation of Aquinas's metaphysics and ethical thought, and highlights its significance to questions in bioethics. Jason T. Eberl applies Aquinas’s views on the seminal topics of human nature and morality to key questions in bioethics at the margins of human life – questions which are currently contested in the academia, politics and the media such (...) as: When does a human person’s life begin? How should we define and clinically determine a person’s death? Is abortion ever morally permissible? How should we resolve the conflict between the potential benefits of embryonic stem cell research and the lives of human embryos? Does cloning involve a misuse of human ingenuity and technology? What forms of treatment are appropriate for irreversibly comatose patients? How should we care for patients who experience unbearable suffering as they approach the end of life? _Thomistic Principles and Bioethics_ presents a significant philosophical viewpoint which will motivate further dialogue amongst religious and secular arenas of inquiry concerning such complex issues of both individual and public concern. (shrink)
The nature of human persons: metaphysics and bioethics.Jason T. Eberl -2020 - Notre Dame, Indiana: University of Notre Dame Press.detailsThe questions of whether there is a shared nature common to all human beings and, if so, what essential qualities define this nature are among the most widely discussed topics in the history of philosophy and remain the subject of perennial interest and controversy. This book offers a metaphysical investigation of the composition of the human essence-that is, with what is a human being identical or what types of parts are necessary for a human being to exist: an immaterial mind, (...) a physical body, a functioning brain, a soul? It also considers the criterion of identity for a human being across time and change-that is, what is required for a human being to continue existing as a person despite undergoing physical and psychological changes over time? Jason Eberl's investigation presents and defends a theoretical perspective from the thirteenth-century philosopher and theologian Thomas Aquinas. Advancing beyond descriptive historical analysis, this book places Aquinas's account of human nature into direct comparison with several prominent contemporary theories: substance dualism, emergentism, animalism, constitutionalism, four-dimensionalism, and embodied mind theory. There are practical implications of exploring these theories as they inform various conclusions regarding when human beings first come into existence-at conception, during gestation, or after birth-and how we ought to define death for human beings. Finally, each of these viewpoints offers a distinctive rationale as to whether, and if so how, human beings may survive death. This book's central argument is that the Thomistic account of human nature includes several desirable features that other theories lack and offers a cohesive portrait of one's continued existence from conception through life to death and beyond. (shrink)
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Can Prudence Be Enhanced?Jason T. Eberl -2018 -Journal of Medicine and Philosophy 43 (5):506-526.detailsSome bioethicists have argued that moral bioenhancement, complementing traditional means of enhancing individuals’ moral dispositions, is essential if we are to survive as a species. Traditional means of moral enhancement have historically included civil legislation, socially recognized moral exemplars, religious teachings and disciplines, and familial upbringing. I explore the necessity and feasibility of pursuing methods of moral bioenhancement as a complement to such traditional means, grounding my analysis within a virtue-theoretic framework. Specifically, I focus on the essential intellectual virtue for (...) proper moral reasoning, prudence, and whether proposed methods of moral bioenhancement could facilitate the cultivation of this virtue within the psyches of moral agents. I conclude that certain means of bioenhancement may serve to augment the ability to reason prudentially and assist moral agents to align their wills with their higher-order rational desires, though such means require those higher-order desires to already have been formulated independently. (shrink)
Disability, Enhancement, and Flourishing.Jason T. Eberl -2022 -Journal of Medicine and Philosophy 47 (5):597-611.detailsRecent debate among bioethicists concerns the potential to enhance human beings’ physical or cognitive capacities by means of genetic, pharmacological, cybernetic, or surgical interventions. Between “transhumanists,” who argue for unreserved enhancement of human capabilities, and “bioconservatives,” who warn against any non-therapeutic manipulation of humanity’s natural condition, lie those who support limited forms of enhancement for the sake of individual and collective human flourishing. Many scholars representing these views also share a concern over the status and interests of human beings with (...) various types of cognitive and physical disabilities, some of which may be ameliorable by enhancement interventions. The question addressed in this paper is whether valuing the enhancement of human capabilities may be reconciled with valuing the existence and phenomenological experiences of human beings with various disabilities. Can we value enhanced capabilities without disvaluing those whose capabilities fall below a defined threshold of “normal function”? Furthermore, if certain forms of disability, particularly cognitive disabilities, negatively impact one’s flourishing, could the enhancement of one’s cognitive capacities through biotechnological means enhance one’s flourishing. (shrink)
Dead Enough? NRP-cDCD and Remaining Questions for the Ethics of DCD Protocols.Patrick McCruden,Jason T. Eberl,Erica K. Salter &Kyle Karches -2023 -American Journal of Bioethics 23 (2):41-43.detailsIn their article, Nielsen Busch and Mjaaland defend the moral permissibility of cDCD, suggesting that much of the controversy around this donation practice has been the result of a misinterpretatio...
Foundation for a Natural Right to Health Care.Jason T. Eberl,Eleanor K. Kinney &Matthew J. Williams -2011 -Journal of Medicine and Philosophy 36 (6):537-557.detailsDiscussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...) rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)
Conscience, Compromise, and Complicity.Jason T. Eberl &Christopher Ostertag -2018 -Proceedings of the American Catholic Philosophical Association 92:161-174.detailsDebate over whether health care institutions or individual providers should have a legally protected right to conscientiously refuse to offer legal services to patients who request them has grown exponentially due to the increasing legalization of morally contested services. This debate is particularly acute for Catholic health care providers. We elucidate Catholic teaching regarding the nature of conscience and the intrinsic value of being free to act in accord with one’s conscience. We then outline the primary positions defended in this (...) debate and respond to critics of Catholic teaching. In so doing, we show how Catholic health care providers’ claims to conscientiously refuse to offer specific health care services are not essentially faith-based, but are founded upon publicly defensible reasons. We also address the question of whether conscientiously refusing health care providers may become complicit in moral wrongdoing or potentially cause scandal by means of disclosure or referral to another provider. (shrink)
Distinguishing Ethical from Diagnostic Concerns About NRP-cDCD.Kyle E. Karches &Jason T. Eberl -2024 -American Journal of Bioethics 24 (6):69-71.detailsBernat (2024) and Busch (2024) both argue that the clamping of cerebral vasculature in NRP-cDCD ensures sufficient diagnostic certainty of death that the procedure does not violate the Dead Donor R...
Enhancing theImago Dei: Can a Christian Be a Transhumanist?Jason T. Eberl -2022 -Christian Bioethics 28 (1):76-93.detailsTranshumanism is an ideology that embraces the use of various forms of biotechnology to enhance human beings toward the emergence of a “posthuman” kind. In this article, I contrast some of the foundational tenets of Transhumanism with those of Christianity, primarily focusing on their respective anthropologies—that is, their diverse understandings of whether there is an essential nature shared by all human persons and, if so, whether certain features of human nature may be intentionally altered in ways that contribute toward how (...) each views human flourishing. A central point of difference concerns Transhumanists’ aim of attaining “substrate independence” for the human mind, such that one’s consciousness could be uploaded into a cybernetic environment. Christian anthropology, on the other hand, considers embodiment, with its characteristics of vulnerability and finitude, to be an essential feature of human nature—hence, Christians’ belief in bodily resurrection. Despite Christianity and Transhumanism having fundamental differences, I contend that Christians may support moderate forms of enhancement oriented toward supporting our flourishing as living, sentient, social, and rational animals. (shrink)
Do human persons persist between death and resurrection?Jason T. Eberl -2009 - In Kevin Timpe,Metaphysics and God: Essays in Honor of Eleonore Stump. New York: Routledge.detailsThomas Aquinas presents an account of human immortality and bodily resurrection intended to be both faithful to Christian Scripture and metaphysically sound as following from the Aristotelian view of human nature. One central question is whether a human person persists between death and resurrection by virtue of her soul, given Aquinas’s hylomorphic account of human nature and assertion that a human person is not identical to her soul. Robert Pasnau contends that only a part of a person exists between death (...) and resurrection; whereas Eleonore Stump argues that a person substantially exists, albeit deficiently, during the interim period as composed of, but not identical to her soul. In this essay, I will adjudicate this dispute through textual and metaphysical analysis. (shrink)
The beginning of personhood: A thomistic biological analysis.Jason T. Eberl -2000 -Bioethics 14 (2):134–157.details‘When did I, a human person, begin to exist?’ In developing an answer to this question, I utilize a Thomistic framework, which holds that the human person is a composite of a biological organism and an intellective soul. Eric Olson and Norman Ford both argue that the beginning of an individual human biological organism occurs at the moment when implantation of the zygote in the uterus occurs and the ‘primitive streak’ begins to form. Prior to this point, there does not (...) exist an individual human organism, but a cluster of biological cells which has the potential to split and develop as one or more separate human organisms (identical twinning). Ensoulment (the instantiation of a human intellective soul in biological matter) does not occur until the point of implantation. This conception of the beginning of human personhood has moral implications concerning the status of pre‐implantation biological cell clusters. A new understanding of the beginning of human personhood entails a new understanding of the morality of certain medical procedures which have a direct affect on these cell clusters which contain human DNA. Such procedures discussed in this article are embryonic stem cell research, in vitro fertilization, procured abortion, and the use of abortifacient contraceptives. (shrink)
Aquinas on the Nature of Human Beings.Jason T. Eberl -2004 -Review of Metaphysics 58 (2):333-365.detailsIN THIS PAPER, I PROVIDE A FORMULATION of Thomas Aquinas’s account of the nature of human beings for the purpose of comparing it with other accounts in both the history of philosophy and contemporary analytic philosophy. I discuss how his apparently dualistic understanding of the relationship between soul and body yields the conclusion that a human being exists as a unified substance composed of a rational soul informing, that is, serving as the specific organizing principle of, a physical body. I (...) further address the issue of Aquinas’s contention that a human rational soul can exist without being united to a body and show how this ability of a human soul does not contradict the thesis that a human being exists naturally as embodied. I will also respond to two related questions. First, what accounts for the individuation of human beings as distinct members of the human species? Second, what is the principle of identity by which a human being persists through time and change? (shrink)
Aquinas's account of human embryogenesis and recent interpretations.Jason Eberl -2005 -Journal of Medicine and Philosophy 30 (4):379 – 394.detailsIn addressing bioethical issues at the beginning of human life, such as abortion, in vitro fertilization, and embryonic stem cell research, one primary concern regards establishing when a developing human embryo or fetus can be considered a person. Thomas Aquinas argues that an embryo or fetus is not a human person until its body is informed by a rational soul. Aquinas's explicit account of human embryogenesis has been generally rejected by contemporary scholars due to its dependence upon medieval biological data, (...) which has been far surpassed by current scientific research. A number of scholars, however, have attempted to combine Aquinas's basic metaphysical account of human nature with current embryological data to develop a contemporary Thomistic account of a human person's beginning. In this article, I discuss two recent interpretations in which it is argued that a human person does not begin to exist until a fetus has developed a functioning cerebral cortex. (shrink)
What Makes Conscientious Refusals Concerning Abortion Different.Jason T. Eberl -2021 -American Journal of Bioethics 21 (8):62-64.detailsFritz argues that there is an “unjustified asymmetry” in legislation that allows physicians and health care institutions to refuse to provide elective abortions and other morally contested l...
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A Thomistic appraisal of human enhancement technologies.Jason T. Eberl -2014 -Theoretical Medicine and Bioethics 35 (4):289-310.detailsDebate concerning human enhancement often revolves around the question of whether there is a common “nature” that all human beings share and which is unwarrantedly violated by enhancing one’s capabilities beyond the “species-typical” norm. I explicate Thomas Aquinas’s influential theory of human nature, noting certain key traits commonly shared among human beings that define each as a “person” who possesses inviolable moral status. Understanding the specific qualities that define the nature of human persons, which includes self-conscious awareness, capacity for intellective (...) thought, and volitional autonomy, informs the ethical assessment of various forms of enhancement. Some forms of cognitive and physical enhancement may be desirable from the perspective of what constitutes the “flourishing” of human persons in our fundamental nature; while other forms of enhancement, such as emotive or so-called “moral” enhancement, run the risk of detracting from human flourishing when evaluated from the virtue-theoretic perspective Aquinas promotes. (shrink)
Complexity of Establishing “Reasonability” in Conscientious Objection Claims.Jason T. Eberl -2025 -American Journal of Bioethics 25 (3):28-30.detailsVolume 25, Issue 3, March 2025, Page 28-30.
Purely Faith-Based vs. Rationally-Informed Theological Bioethics.Jason T. Eberl -2020 -American Journal of Bioethics 20 (12):14-16.detailsCommentary on re-opening dialogue between theological and secular voices in bioethics.
A Thomistic understanding of human death.Jason T. Eberl -2005 -Bioethics 19 (1):29–48.detailsI investigate Thomas Aquinas's metaphysical account of human death, which is defined in terms of a rational soul separating from its material body. The question at hand concerns what criterion best determines when this separation occurs. Aquinas argues that a body has a rational soul only insofar as it is properly organised to support the soul's vegetative, sensitive, and rational capacities. According to the ‘higher‐brain’ concept of death, when a body can no longer provide the biological foundation necessary for the (...) operation of conscious rational thought and volition, a substantial change occurs in which the rational soul departs and the body left behind is a ‘humanoid animal’ or a mere ‘vegetable.’I argue that the separation of soul and body does not occur until the body ceases to function as a unified, integrated organism. A rational soul is not only the seat of a human being's rational capacities; it is also the principle of the body's sensitive and vegetative capacities. Since Aquinas defines a human being as a composite of soul and body, and not with merely the exercise of rational capacities, the determination of death requires incontrovertible evidence that the body has ceased all the operations that correspond to the soul's proper capacities. The evidence of this is the body's loss of its integrative organic unity and the criterion for determining when this loss occurs is the irreversible cessation of whole‐brain functioning. (shrink)
Contemporary Controversies in Catholic Bioethics.Jason T. Eberl (ed.) -2017 - Dordrecht, Netherlands: Springer.detailsThis volume comprises various viewpoints representing a Catholic perspective on contemporary practices in medicine and biomedical research. The Roman Catholic Church has had a significant impact upon the formulation and application of moral values and principles to a wide range of controversial issues in bioethics. Catholic leaders, theologians, and bioethicists have elucidated and marshaled arguments to support the Church’s definitive positions on several bioethical issues, such as abortion, euthanasia, and reproductive cloning. Not all bioethical issues, however, have been definitively addressed (...) by Catholic authorities, and some Church teachings allow for differing applications in diverse circumstances. Moreover, as new biomedical technologies emerge, Church authorities rely on experts in science, medicine, philosophy, theology, law, and other disciplines to advise them. Such experts continue to debate issues related to reproduction, genetics, end-of-life care, and health care policy. This volume will be a valuable resource for scholars in bioethics or Catholic studies, who will benefit from the nuanced arguments offered based on the latest research. This volume is also instructive for students entering the field to become aware of the founding philosophical and theological principles informing the Catholic bioethical worldview. (shrink)
When First We Practice to Deceive.Jason T. Eberl &Erica K. Salter -2021 -American Journal of Bioethics 21 (5):15-17.detailsWe argue against Christopher Meyers’s call for clinical ethicists to participate in deceiving patients, surrogate decision-makers, or family members. While we acknowledge that some forms of deception may be ethically appropriate in highly circumscribed situations, the type of case Meyers describes as involving justifiable deception differs in at least two important ways. First, Meyers fails to distinguish acts of deception based on the critical feature of who is being deceived—patient, surrogate, or family member—and the overarching duty to respect the autonomy (...) of relevant decision-makers to make rationally-informed decisions. Second, Meyers’s analysis relies on an assessment of harm, a value-laden concept which health care professionals and ethicists should not presumptively assess without considering how the patient, surrogate, or family might assess specific harms. (shrink)
I Am My Brother’s Keeper: Communitarian Obligations to the Dying Person.Jason T. Eberl -2018 -Christian Bioethics 24 (1):38-58.detailsContemporary arguments concerning the permissibility of physician-assisted suicide [PAS], or suicide in general, often rehearse classical arguments over whether individual persons have a fundamental right based on autonomy to determine their own death, or whether the community has a legitimate interest in individual members’ welfare that would prohibit suicide. I explicate historical arguments pertaining to PAS aligned with these poles. I contend that an ethical indictment of PAS entails moral duties on the part of one’s community to provide effective means (...) of ameliorating physical and existential suffering. I further elucidate how such duties have been affirmed by the Roman Catholic Church. My aim is to provide reasons why the expanding legalization of PAS should not preclude social investment in effective palliative care and providing a communal presence to the dying as they confront their subjectively experienced suffering. (shrink)
The Routledge Guidebook to Aquinas‘ Summa Theologiae.Jason T. Eberl -2015 - Routledge.detailsThe Routledge Guidebook to Aquinas‘ Summa Theologiae introduces readers to a work which represents the pinnacle of medieval Western scholarship and which has inspired numerous commentaries, imitators, and opposing views. Outlining the main arguments Aquinas utilizes to support his conclusions on various philosophical questions, this clear and comprehensive guide explores: The historical context in which Aquinas wrote A critical discussion of the topics outlined in the text including theology, metaphysics, epistemology, psychology, ethics, and political theory. The ongoing influence of Summa (...) Theologiae in modern Philosophy and Theology Offering a close reading of the original work, this guidebook highlights the central themes of Aquinas’ masterwork and is an essential read for anyone seeking an understanding of this highly influential work in the history of philosophy. (shrink)
Is COVID-19 Vaccination Ordinary (Morally Obligatory) Treatment?James McTavish &Jason T. Eberl -2022 -The National Catholic Bioethics Quarterly 22 (2):319-333.detailsMany Catholics have expressed hesitancy or resistance to being vaccinated for COVID-19, with magisterial authorities and influential Catholic organizations advocating divergent views regarding the moral liceity of the vaccines, the justification of vaccination mandates, and whether such mandates should include religious exemptions. We address each of these disputed points and argue that vaccination for COVID-19 falls within the definition of being an ordinary—and thereby morally obligatory—treatment. To that end, we offer a brief overview of the Catholic moral tradition regarding the (...) development of the distinction between ordinary and extraordinary treatment, show how the Church morally evaluates vaccination as a good act, and underline the importance of positive witnessing in supporting vaccination. (shrink)
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The ontological and moral significance of persons.Jason T. Eberl -2017 -Scientia et Fides 5 (2):217-236.detailsMany debates in arenas such as bioethics turn on questions regarding the moral status of human beings at various stages of biological development or decline. It is often argued that a human being possesses a fundamental and inviolable moral status insofar as she is a “person”; yet, it is contested whether all or only human beings count as persons. Perhaps there are non-human person, and perhaps not every human being satisfies the definitional criteria for being a person. A further question, (...) which will be the primary focus of this paper, concerns what essential features of personhood endow persons, human or otherwise, with their moral status and the inherent rights they concomitantly possess. A survey of the history of philosophical theorizing on what it means to be a person yields a broad consensus upon the key capacities being rational thought, self-consciousness, and autonomous volition. It is not sufficient, however, simply to cite these capacities, but to explain why these particular capacities bear moral import. A more recent concern has developed regarding the possible future existence of so-called “post-persons” who, due to their enhanced cognitive and emotive capacities, may be morally superior to mere persons and thereby possess a higher moral status. This paper will conclude with an analysis of the extent to which this concern is warranted. (shrink)
Whose Head, Which Body?Jason T. Eberl -2017 -American Journal of Bioethics Neuroscience 8 (4):221-223.detailsResponse to human head transplant proposal and pertinent personal identity questions.
Losing One’s Head or Gaining a New Body?Jason T. Eberl -2022 -Journal of Medicine and Philosophy 47 (2):189-209.detailsA surgical head-transplant technique, HEAVEN, promises to offer significantly improved quality of life for quadriplegics and others whose minds are functional, but whose bodies require artificial support to continue living. HEAVEN putatively actualizes a thought-experiment long debated by philosophers concerning the definition of personhood and criterion of personal identity through time and change. HEAVEN’s advocates presume to preserve the identity of the person whose head is transplanted onto another’s living body, leaving one’s previous body behind as one would their corpse. (...) Various classical and contemporary theories of personhood and personal identity would support this presumption, while others would contest it as providing an accurate or complete view of what is essential for a human person to persist through this procedure. This paper brings such theories to bear in analyzing whether HEAVEN can indeed deliver on its promise of complete ontological survival for the person whose head is transplanted. (shrink)
Conscientious objection in health care.Jason T. Eberl -2019 -Theoretical Medicine and Bioethics 40 (6):483-486.detailsIntroduction to a special issue of _Theoretical Medicine and Bioethics_ on whether health care professionals should have a legally-protected right to conscientiously refuse to provide legal services that are autonomously requested by patients. Outlines the parameters of the current debate in the bioethics literature and orients readers to the articles the special issue comprises.
Varieties of Dualism: Swinburne and Aquinas.Jason T. Eberl -2010 -International Philosophical Quarterly 50 (1):39-56.detailsThomas Aquinas argues that matter is informed by a rational soul to compose a human person. But a person may survive her body’s death since a rational soul is able to exist and function without matter. This leads to the typical characterization of Aquinas as a dualist. Thomistic dualism, however, is distinct from both Platonic dualism and various accounts of substance dualism offered by philosophers such as Richard Swinburne. For both Plato and Swinburne, a person is identical to an immaterial (...) soul that is contingently related to a human body. For Aquinas, a human person is composed of her soul and the matter it informs, but is not identical to either metaphysical component. I explicate Thomistic dualism while critically analyzing Swinburne’s account. I conclude that Aquinas’s account has theresources to address a central issue that arises for substance dualism. (shrink)
Religious and Secular Perspectives on the Value of Suffering.Jason T. Eberl -2012 -The National Catholic Bioethics Quarterly 12 (2):251-261.detailsAdvocates of active euthanasia and physician-assisted suicide argue that a patient’s intractable pain and suffering are a sufficient justification for his life to end if he autonomously so chooses. Others hold that the non-utilization of life-sustaining treatment, the use of pain-relieving medication that may hasten a patient’s death, and palliative sedation may be morally acceptable means of alleviating pain and suffering. How a patient should be cared for when approaching the end of life involves one’s core religious and moral values, (...) particularly concerning whether pain and suffering can have some sort of instrumental value. The author reasons why a patient who is terminally ill can find his suffering valuable for both religious and nonreligious goals. National Catholic Bioethics Quarterly 12.2 (Summer 2012): 251–261. (shrink)
Metaphysics, Reason, and Religion in Secular Clinical Ethics.Jason T. Eberl -2021 -American Journal of Bioethics 21 (6):17-18.detailsI support Abram Brummett’s contention that there is a need for secular clinical ethics to acknowledge that various positions typically advocated for by ethicists, concerning bedside decision-making and broader policy-making, rely upon metaphysical commitments that are not often explicit. I further note that calls for “neutrality” in debates concerning conscientious refusals to provide legal health care services—such as elective abortion or medical aid-in-dying—may exhibit biases against specific metaphysical claims regarding, for instance, the ontological and moral status of fetuses or the (...) valuing of the phenomena of life, suffering, and dying/death, as constitutive of medicine’s internal morality as a profession. I conclude that there is an operative distinction between metaphysical views founded essentially upon religious tenets and those founded upon rationally defensible premises. (shrink)
Actual Human Persons Are Sexed, Unified Beings.Elliott Louis Bedford &Jason T. Eberl -2017 -Ethics and Medics 42 (10):1-3.detailsRecently, Edward Furton commented on an article that we published in Health Care Ethics USA concerning the philosophical and theological anthropology informing the discussion of appropriate care for individuals with gender dysphoria and intersex conditions. We appreciate the opportunity to clarify the points we made in that article, particularly the metaphysical mechanics underlying our contention that, as part of a unified human person, the human rational soul is sexed. We hope this more in-depth metaphysical explanation shows that Furton’s concern, while (...) valid insofar as our position may have needed clarifying, is nevertheless ill-founded with respect to our contention that actually existent human rational souls are sexed. (shrink)
Philosophical Anthropology, Ethics, and Human Enhancement.Jason Eberl -2017 - In Jason T. Eberl,Contemporary Controversies in Catholic Bioethics. Dordrecht, Netherlands: Springer.detailsI approach the subject of human enhancement—whether by genetic, pharmacological, or technological means—from the perspective of Thomistic/Aristotelian philosophical anthropology, natural law theory, and virtue ethics. Far from advocating a restricted or monolithic conception of “human nature” from this perspective, I outline a set of broadly-construed, fundamental features of the nature of human persons that coheres with a variety of historical and contemporary philosophical viewpoints. These features include self-conscious awareness, capacity for intellective thought, volitional autonomy, desire for pleasurable experiences, and the (...) necessity of healthy biological functioning. On this basis, I contend that there may be legitimate forms of human enhancement for specific purposes related to the physical, cognitive, and emotive dimensions of human existence. However, wider philosophical considerations call into question whether societal attitudes towards enhancement and the differences that may emerge between those who are enhanced versus the unenhanced may raise insurmountable questions of justice, as well as a loss of virtues associated with what Alasdair MacIntyre refers to as our “acknowledged dependency.” This presentation will navigate towards conclusions differentiating principled from practical objections to specific forms of, and means towards achieving, enhancement of certain human capacities. While critical of some forms of human enhancement, I nevertheless argue that other forms of enhancement are, in principle, morally permissible—and for which any practical concerns may be surmountable—insofar as they positively support human flourishing according to our nature as living, sentient, social, and rational animals. (shrink)
Visions of the Common Good: Engelhardt’s Engagement with Catholic Social Teaching.Jason T. Eberl -2021 -Christian Bioethics 27 (1):30-49.detailsIn this paper, I confront Engelhardt’s views—conceptualized as a cohesive moral perspective grounded in a combination of secular and Christian moral requirements—on two fronts. First, I critique his view of the moral demands of justice within a secular pluralistic society by showing how Thomistic natural law theory provides a content-full theory of human flourishing that is rationally articulable and defensible as a canonical vision of the good, even if it is not universally recognized as such. Second, I defend the principles (...) of Roman Catholic social teaching (RCST) against Engelhardt’s objection that it constitutes a watered-down version of the Christian moral vision which opens the door to intolerable moral compromises. While I acknowledge that Engelhardt’s criticism of RCST is well-grounded in certain abusive compromises that have been made by some Catholic healthcare institutions, I contend that such abuses are not endemic to RCST and avoidance of them is practically feasible in contemporary secular pluralistic societies. My primary aim is to show how continued dialogue between Engelhardtian libertarians and more communitarian-inclined RCST proponents may constructively yield a vision of healthcare allocation that ensures succor for the least advantaged within an authentically Christian social ethic. (shrink)
Metaphysical and Moral Status of Cryopreserved Embryos.Jason T. Eberl -2012 -The Linacre Quarterly 79 (3):304-315.detailsThose who oppose human embryonic stem cell research argue for a clear position on the metaphysical and moral status of human embryos. This position does not differ whether the embryo is present inside its mother’s reproductive tract or in a cryopreservation tank. It is worth examining, however, whether an embryo in “suspended animation” has the same status as one actively developing in utero. I will explore this question from the perspective of Thomas Aquinas’s metaphysical account of human nature. I conclude (...) that a cryopreserved human embryo counts, both metaphysically and morally, as a person; and thus the utilization of such embryos for inherently destructive research purposes is impermissible. (shrink)
Moral bricolage and the emerging tradition of secular bioethics.Abram Brummett &Jason T. Eberl -2025 -Theoretical Medicine and Bioethics 46 (1):67-87.detailsPublic bioethics aims to provide moral guidance on questions of public policy, research, and clinical ethics. However, Alasdair MacIntyre famously opened his seminal work, _After Virtue_, with a ‘disquieting suggestion’ that contemporary moral language is in such a state of disorder that securing authoritative moral guidance will not be possible. In _Ethics After Babel,_ Jeffrey Stout responds to MacIntyre’s pessimistic description of contemporary moral discourse by developing the idea of _moral bricolage_, which involves taking stock of the ethical questions that (...) need answering, the available conceptual resources at hand from a variety of traditions (e.g., philosophies, theologies, law), and then reworking them to create a solution. In this essay, we draw upon MacIntyre’s insight about tradition and Stout’s metaphor of moral bricolage to argue that _some_ works of bioethical consensus are appropriately described as works of moral bricolage that, when analyzed, reveal theoretical insights about an emerging tradition of secular bioethics. (shrink)
Aquinas on Euthanasia, Suffering, and Palliative Care.Jason T. Eberl -2003 -The National Catholic Bioethics Quarterly 3 (2):331-354.detailsEuthanasia, today, is one of the most debated issues in bioethics. Euthanasia, at the time of Thomas Aquinas, was an unheard-of term. Nevertheless, while there is no direct statement with respect to “euthanasia” per se in the writings of Aquinas, Aquinas’s moral theory and certain theological commitments he held could be applied to the euthanasia question and thus bring Aquinas into contemporary bioethical debate. In this paper, I present the relevant aspects of Aquinas’s account of natural law and his theological (...) views on suffering, examining what conclusions each entails with respect to directly intended euthanasia. I then proceed to discuss cases that involve either the administration of palliative medication that hastens death, terminal sedation, or the non-utilization of life-sustaining treatment. This involves a detailed investigation into Aquinas’s account of human intentional action and the question of whether Aquinas holds some form of the Principle of Double-Effect. I end with a final statement of Aquinas’s position on these various types of cases as a synthesis of the conclusions drawn from the different areas of his thought discussed in this paper. My aim is to provide a set of guidelines, based upon Aquinas’s thought, for those who may be faced with decisions regarding the proper form of palliative treatment to be provided to those suffering from a painful terminal illness. Decision-makers, in such cases, may include a terminally ill patient, a patient’s immediate family, health care providers, and lawmakers concerned with establishing the legality of certain forms of treatment. Establishing a clear set of moral guidelines, specifically addressed to this type of decision, can assist the relevant decision-makers in forming their consciences such that they may take the appropriate course of action in confronting the suffering of a terminally ill patient. (shrink)
Ethics as Usual? Unilateral Withdrawal of Treatment in a State of Exception.Jason T. Eberl -2020 -American Journal of Bioethics 20 (7):210-211.detailsDo extraordinary crisis situations requiring life-and-death decisions create a “state of exception” in which ordinary social, political, and ethical norms must be altered or suspended altogether? Daniel Sulmasy contends that the extraordinary circumstances of a pandemic do not require abandoning or altering ethical values and principles. Rather, “ethics as usual” ought to guide policy formation and clinical decision-making. One critical question raised by the current pandemic, and which stresses ordinary ethical standards, is whether ventilators or other scarce life-sustaining resources may (...) be unilaterally withdrawn from a patient in order to be reallocated to another who is estimated to have a superior chance of survival or better satisfies other triage criteria. In this type of situation, it is unclear what constitutes “ethics as usual.”. (shrink)
Surviving Corruptionist Arguments: Response to Nevitt.Jason T. Eberl -2020 -Quaestiones Disputatae 10 (2):145-160.detailsTurner Nevitt’s elucidates and critically engages with what he describes as the “deeper and more problematic disagreements between survivalists and corruptionists about how to understand some of the most basic principles of Aquinas’s metaphysics,” his goal being to “advance some more systematic reasons for thinking that corruptionists are right and survivalists are wrong—both about how to understand the basic principles of Aquinas’s metaphysics, and about how to apply them to the question about the status of human beings or persons between (...) death and resurrection.” In responding to Nevitt’s argument on behalf of survivalism, I have two goals: first, to defend a particular survivalist interpretation and application of Aquinas’s basic metaphysical principles, and second to argue that, even if Aquinas himself was a corruptionist, he (and we) ought to be survivalists. (shrink)
Clarifying the Philosophical and Legal Foundations ofDobbs.Francis J. Beckwith &Jason T. Eberl -2024 -American Journal of Bioethics 24 (2):25-28.detailsWe share Minkoff et al.’s (2024) concern regarding the potential disavowal of pregnant patients’ right to refuse medical interventions, without or against their explicit consent, aimed at preservin...
Potentiality, Possibility, and the Irreversibility of Death.Jason T. Eberl -2008 -Review of Metaphysics 62 (1):61-77.detailsThis paper considers the issue of cryopreservation and the definition of death from an Aristotelian-Thomistic perspective. A central conceptual focus throughout this discussion is the purportedly irreversible nature of death and the criteria by which a human body is considered to be informed by a rational soul. It concludes that a cryopreserved corpse fails to have “life potentially in it” sufficient to satisfy Aristotle’s definition of ensoulment. Therefore, if the possibility that such a corpse may be successfully preserved and resuscitated (...) comes to fruition, one would have to conclude that the person’s rational soul, which had separated from its body at death, has literally reanimated its resuscitated body. Obviously, this conclusion has theological implications that go beyond the scope of this discussion if we regard bodily resuscitation in this manner as a form of technologically induced resurrection. Another apparent implication of the paper’s argument is that, in a limited sense, death loses its irreversible nature. (shrink)
Cultivating the Virtue of Acknowledged Responsibility.Jason T. Eberl -2008 -Proceedings of the American Catholic Philosophical Association 82:249-261.detailsIn debates over issues such as abortion, a primary principle on which the Roman Catholic outlook is based is the natural law mandate to respect human life rooted in the Aristotelian philosophy of Thomas Aquinas. This principle, however, is limited by focusing on the obligation not to kill innocent humans and thereby neglects another important facet of the Aristotelian-Thomistic ethical viewpoint—namely, obligations that bind human beings in relationships of mutual dependence and responsibility. I argue that there is a need to (...) cultivate a “virtue of acknowledged responsibility” and conclude by addressing a prevalent issue in contemporary society: absent paternal responsibility. My aim is to show that there is an interesting and often neglected rationale in Catholic moral understanding for “deadbeat dad” laws that compel men to take responsibility for any children or fetuses they father and to assist women who give birth to those children or carry those fetuses. (shrink)
The End of (Lockean-Kantian) Personhood.Jason T. Eberl -2024 -American Journal of Bioethics 24 (1):27-29.detailsAs the author of a book entitled The Nature of Human Persons: Metaphysics and Bioethics (Eberl 2020), one might reasonably expect me to lament Jennifer Blumenthal-Barby’s (2024) call to end the use...
A Bioethical Vision.Jason T. Eberl -2019 -Journal of Catholic Social Thought 16 (2):279-293.detailsPope Francis has not put himself at the forefront of tendentious issues in bioethics, such as abortion, human embryonic stem cell research, cloning, contraception, and euthanasia. Nevertheless, his various addresses and magisterial documents such as Evangelii Gaudium and Laudato Si’ make clear that Pope Francis affirms the Church’s teaching on these issues. He has, though, proffered an additional moral lens through which to view such issues, namely, how they factor into the “culture of waste” that informs global society’s “sin of (...) indifference” in contrast to a “consistent ethic of life.” The moral conclusions Pope Francis draws, far from advancing a shift in Catholic teaching, provide a stronger foundation for supporting a “culture of life.” This paper elucidates the continuity and development of the Catholic bioethical vision in Pope Francis’s writings, interviews, and addresses, and the implications for various bioethical issues. (shrink)