My apologies but the Weekly Standard has already gone a long way toward answering my “What If?” question. In a subtle but ultimately very radical piece, Eric Cohen argues that the will of the vegetative person to be allowed to die, even if expressed in a living will or supported by all her family, is not the real issue here. People cannot be allowed to revoke life simply because it is theirs’ to revoke:
[T]he real lesson of the Schiavo case is not that we all need living wills; it is that our dignity does not reside in our will alone, and that it is foolish to believe that the competent person I am now can establish, in advance, how I should be cared for if I become incapacitated and incompetent. The real lesson is that we are not mere creatures of the will: We still possess dignity and rights even when our capacity to make free choices is gone; and we do not possess the right to demand that others treat us as less worthy of care than we really are … [T]he autonomy regime, even at its best, is deeply inadequate. It is based on a failure to recognize that the human condition involves both giving and needing care, and not always being morally free to decide our own fate.
So if we reject the “autonomy regime,” what replaces it? The moral obligation to keep even people in PVS in permanent medical care, regardless of her own wishes or that of the family. But Cohen is somewhat vague on how this new regime can be imposed. The only possibility, it seems to me, is that the law state emphatically that living wills are not dispositive, that family wishes are not relevant, and that the law set a series of medical or moral criteria to determine whether to keep someone alive indefinitely. Doctors and families would be obliged to obey such laws. The state would be obliged to enforce them – through the police power if necessary. What if the family could not afford the care? Presumably the state would be required to provide it. So let us be plain: the theoconservative vision would remove the right of individuals to decide their own fate in such cases, and would exclude the family from such a decision as well. Indeed, the law might even compel the family to provide care as long as they were capable of doing so. My “what if?” is a real one. And the theocon right has answered it. They want an end to the “autonomy regime.” They have gone from saying that a pregnant mother has no autonomy over her own body because another human being is involved to saying that a person has no ultimate autonomy over her own body at all. These are the stakes. The very foundation of modern freedom – autonomy over one’s own physical body – is now under attack. And if a theocon government won’t allow you control over your own body, what else do you have left?
The Dish 