30.06.2013 Views

View/Open - Scholarly Commons Home

View/Open - Scholarly Commons Home

View/Open - Scholarly Commons Home

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Within the rational field is not only the ‘just is’ evidence, but also methods of technical<br />

rationality. Seedhouse explains that for centuries we have wanted to split reason and<br />

passion (2005, p. 3). To achieve this end, theorists have developed methods which<br />

supposedly eliminate emotion from reason, for example, utilitarian methods, logical<br />

analysis and economic calculations (2005, p. 62). However, this split is artificial and<br />

incorrectly perpetuates the myth that decisions can be made with reason alone. By<br />

placing modes of logic which aim to achieve reasoning unsullied by emotion or<br />

subjectivity within the rational field, we can see them in perspective. In the same way<br />

we evaluate the ‘just is’ evidence, so when we use methods of technical rationality, our<br />

values, classifications, environment and instincts have an integral and necessary role.<br />

Decisions cannot be made on the strength of rationalism or evidence alone. We create a<br />

frame drawn from our moral preferences, our emotions, our life experience, our<br />

upbringing, our professional cultures, our environments and so on, through and with<br />

which we make sense of our social worlds and devise strategies to achieve goals.<br />

Applying the theory to best interest determinations<br />

During the 1990’s there were a number of cases in multiple jurisdictions brought before<br />

the courts to establish the legality of withdrawing life sustaining food and hydration<br />

from patient’s with persistent vegetative state. The first, and perhaps most well known<br />

and closely scrutinised, was the case of Anthony Bland.<br />

Anthony Bland who was a victim of the Hillsborough football stadium disaster in<br />

England in 1989. In the tragedy, Anthony Bland’s lungs were crushed and the supply of<br />

oxygen to his brain was interrupted. As a result, he suffered catastrophic and<br />

irreversible damage to the higher centres of his brain resulting in a condition known as<br />

persistent vegetative state (PVS). Someone in PVS breathes unaided and digestion<br />

continues to function. But, although his eyes are open, he cannot see. He cannot hear.<br />

The patient is incapable of voluntary movement and can feel no pain. He cannot taste or<br />

smell. He cannot speak or communicate in anyway. He has no cognitive function and<br />

can thus feel no emotion, whether pleasure or distress. The space which the brain<br />

should occupy is full of watery fluid. With skilled nursing and close medical attention a<br />

young and otherwise healthy PVS patient may live for many years. Anthony Bland<br />

197

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!