Regulating Bodies

05 February 2015

Our topic this week is Regulating Bodies. My first gut instinct is to say that nobody really has the right to tell me what to do with my own body -- not even the government. It’s my body. I can do with it as I please. But then I realize that there are things like mandatory seat belt laws, prohibitions against prostitution, and laws against the buying and selling of bodily organs. All these things involve the regulation of the body. So it is definitely true that the state does regulate our bodies. But should the state really be in that business?

否定的答案本身就说明了这一点。如果你一开始就认为每个人,而且只有每个人对自己的身体拥有独家所有权,那么你就可以直接得出这样的结论:只要一个人不伤害其他人,他就应该让自己随心所欲地支配自己的身体。

另一方面,很明显,国家有兴趣确保公民保持健康和健全的身体。如果国家坐视不管,让我们吃饱喝足,直到老去,那些为我们打仗的人,保卫我们街道安全的人,照顾和教育我们孩子的人将从哪里来?我并不是说政府有权成为威吓、盘旋、直升机式的家长。但就像国家有权拥有我们的一些经济资源一样,我们似乎也有权拥有我们的一些身体资源。如果国家可以收缴我们的部分财富,那为什么国家不可以没收我们的身体资源呢?

I don't mean to take this line of reasoning too far, however. I’m not suggesting that that state should be able to take one of my arms or one of my kidneys and redistribute it to somebody else. But suppose there was a blood shortage or a bone marrow shortage. What would be so wrong with the state actually compelling healthy people to donate blood or bone marrow to alleviate the shortage?

Maybe a skeptic would grant that donating blood or bone marrow is a good thing and allow that the state can legitimatelyencouragepeople to do so. But surely, the skeptic will say,compellingpeople to do so goes way too far.

That's an important point. And we definitely have to think about the limits of state power. But let’s not get hung up just yet about how far into our bodies the state may legitimately reach. Let's first look at it from a moral point of view, instead. Suppose that there’s a person right here, right now, who needs a blood transfusion or they are going to die. If you could save them by giving a pint or two of of your precious blood, aren’t you morallyobligatedto do so?

If you side with the skeptic here, you will respond that if one failed to give one’s blood and just let the person die, one could rightly be accused of being a callous, uncaring, s-o-b. But the skeptic will no doubt reject the implication that the dying person has some sort ofrightto another's blood. My imagined skeptic will insist, again, that a person’s body is entirely that person’s own. She will insist that not a single part of it belongs to the public or the government or to arbitrary strangers in need. If so, nobody else ever has arightto any part of it.

But I think we may just have to bite the bullet here. We just have to deny that a person’s body belongs to her and her alone. Let's see if that bullet blows our head off.

Start by returning to the analogy with taxation. Most people grant that society at large has a moral claim to at least a portion of our private wealth. The tricky question is how much. Clearly it would be wrong to tax people into poverty. But as long as taxation leaves people with sufficient wealth to live fully flourishing lives, society seems perfectly within its rights to demand – not just torequest, but todemand-- that we all make financial contributions to the common good.

By parity of reasoning, perhpas we should conclude that just as the government can’t legitimately tax us into poverty, so it can’t legitimately violate our basic bodily integrity. That’s why, for example, neither morality nor the state can require that I give up one of my arms. But perhaps we should also conclude that as long as our basic bodily integrity is preserved, we can be morally and maybe even legally, required to give up what we might call “excess” body parts at least if doing so will increase the well-being of others. And to carry the analogy even further, think of estate taxes. Why not say that just as we confiscate the estates of the wealthy dead for the common good, maybe we should confiscate the bodily organs of the healthy dead for the common good too?

现在我承认这是非常令人兴奋的,非常违反直觉的东西。可能很少有人会同意——至少一开始不会。但我希望我已经证明了确切地说谁拥有一个人的身体的多少以及原因并不是那么简单这里肯定有一些有趣的事情值得思考。现在我已经激起了你们的兴趣,为什么不打开收音机,在我们思考这个问题的时候,给我们点脑子,如果不是帮忙的话?


Photo byLana SoosaronUnsplash

Comments(23)


Guest's picture

Guest

Saturday, September 29, 2012 -- 5:00 PM

Compelling someone to donate

Compelling someone to donate bone marrow? You do realize what a painful, invasive, and potentially dangerous intervention that is, don't you? If that isn't overreach of state power, I don't know what is. It seems like if there is to be any bottom line for individual rights at all, one of the foundational rights should be bodily autonomy. Between that and freedom of conscience, one could see all or at least most of the rights of a citizen in a democratic society as rooted in these.
还有,我认为你授予州政府禁止卖淫的权利很容易通过。这不是毫无疑问的一点。无论如何,我被告知这是几周后的哲学讲座的主题,所以我将把这个论点搁置到那时。中国伊朗亚洲杯比赛直播:-)

Guest's picture

Guest

Sunday, September 30, 2012 -- 5:00 PM

There is a lot to think about

There is a lot to think about here. The state even goes so far as to claim authority over the taking of one's own life. A question that has long intrigued me has been, what grounds the state's authority to outlaw suicide? I think it's safe to assume that if the state were to make suicide legal, that there wouldn't be lines of people waiting to jump off their local bridge; for those that would commit suicide would do so regardless of the law's standing, and those that wouldn't commit suicide, wouldn't commit suicide.
Isn't this ban on suicide then, making the most fundamental of claims about the proprietorship of an individual's body, namely, that the state, and not the individual, owns it? I'm curious, given the argument that you propose, as to what your take on that is. Has the state over-reached and over-imposed itself on the individual, or has it not crossed that soapy and slippery boundary?

Guest's picture

Guest

Sunday, September 30, 2012 -- 5:00 PM

The State regulates US for

The State regulates US for the good or the greed?
My wife died some years ago from alcoholism, a poisonous substance regulated and controlled by the US Department of Alcohol, Tobacco and Firearms. The ATF regulates production, distribution, and sales of alcohol, a substance that kills and injures millions of Americans every year. But here is the kicker: did you know that the ATF is a subsidiary department of the IRS., revenue!
The Surgeon General warns us that tobacco can be hazardous to our health rather than telling us that tobacco kills, but at the same time revenue stamps each package of poison for control and profit.
And firearms, need I say more.
Which brings me to the ultimate question: If our government is in the business and control of the flow of substances that kill millions of people a year shouldn't they be held liable, or accountable, or maybe even better, to just get out of the business entirely?
Thanks,
=

Guest's picture

Guest

Sunday, September 30, 2012 -- 5:00 PM

As Andrushenko states: there

As Andrushenko states: there is a lot to think about here. It is early in the stream of consciousness to come regarding this post. I had some initial thoughts when I read the post title but soon realized those were not relevant. Ken's musings and questions reminded me of the many years and many volumes I spent reading science fiction---stories that stretched the boundaries of morality. As a younger, inexperienced person, I was fascinated by the stories, wondering which (if any) would come to pass, and what would be the outcomes/impacts of those that did. As a much older and more experienced person, I have seen much science fiction become science fact.
What do I think about the questions raised? It probably does not matter much, because I will not live long enough for any of it to matter to me---succeeding generations will, no doubt, be prepared to deal with such matters; rightly, wrongly or indifferently. But, I'll just say this much: I have never thought highly of eugenics.
And the notion of compulsory donorism smacks of just that sort of cold calculation. Anything that can go wrong will. That reality makes the small hairs on the back of my neck extremely nervous. So, there it is,
最热的,医生。

Guest's picture

Guest

Monday, October 1, 2012 -- 5:00 PM

MJA: I am sorry for your loss

MJA: I am sorry for your loss. It could have been me and may still be so. Fare well, blog acquaintence---or, as well as you can.
PDV.

Guest's picture

Guest

Tuesday, October 2, 2012 -- 5:00 PM

I wonder if Dr. S' first

我不知道S博士对这篇博文标题的第一反应是把它读成:监管机构?我看了,也意识到了我的误解。但是,话说回来,这些术语是相互关联的,不是吗?而且,这可能有点牵强,但博士提到的优生学对我来说似乎并不遥远。其他评论者的评论似乎也支持这种怀疑。所有这些都会回到你其他关于道德问题的帖子。也许你想让我们注意到——或者希望我们注意到?只是猜测,家伙。
Some things are wrong, on their face. I have considered eugenics among those. The honorable Catholic pope, Benedict, has condemned relativism. That is within his job description, I think. I don't believe morality or immorality are the overarching problems we face in this dialogue: they represent extremes, arguably, "good vs. bad." Amorality is the culprit and is likely what Pope Benedict loathes the most. Because it thrives on complacency and relativism. As a good friend and former boss once told me: you must stand for something or you will fall for anything. He was right, and still is.

Guest's picture

Guest

Wednesday, October 3, 2012 -- 5:00 PM

I'm disappointed that they

I'm disappointed that they glossed over the vaccine issue. The prevailing opinion is that vaccines are safe, effective, and an important medical advancement. On the other hand, many people have taken a closer look and have serious doubts about the safety of vaccines. They say that many studies are questionable and that conflicts of interest are rampant. Whatever your viewpoint, it's a fact that vaccines are drugs with risks and contain toxic substances. It's also a fact that contracting a disease is a risk. The risk/benefit analysis is up for debate.
Here's my point: I believe each person has the right to decide for him/herself whether they allow any drug to be injected or ingested. No one should be compelled to consume something that comes with a health risk. What goes in my body is my decision. It's not up to the government nor anyone else. And since I'm responsible for my child, what goes in my child's body is my decision as well.

Fred Griswold's picture

Fred Griswold

Thursday, October 4, 2012 -- 5:00 PM

They instituted a law in New

他们最近在纽约制定了一项法律,限制软饮料的销售,理由是它们对你的健康有害。似乎5个黑人女性中就有4个超重。在非洲这样的地方,食物供应可能不可靠,这是有道理的。超重的人不太可能挨饿。事实证明,大多数黑人男人都喜欢臀部有一点肉的女人。所以这也有文化的一面,不仅仅是健康问题。支持像纽约这样的法律几乎可以被视为种族主义。现在,在美国,食物供应比在非洲可靠得多。这大概是因为我们的技术——农业技术等等。只要科技不断进步,我们就安全。 But there are no guarantees about that. For instance, we are (according to some) about halfway through the world's supply of oil already. All those overweight black ladies might turn out to have an adaptive advantage sometime in the unforeseeable future. So this question is not as simple as it looks.
On the blood transfusion issue, suppose the dying person is O. J. Simpson and the person with the right blood type is Nicole Brown Simpson's sister. I don't think anyone could fault her for denying him the transfusion. These moral questions often seem so complicated they don't really have a right answer.

Harold G. Neuman's picture

Harold G. Neuman

Thursday, October 4, 2012 -- 5:00 PM

This may raise a firestorm--

This may raise a firestorm---but you do not need to allow it, if you choose not to do so. I think vaccinations are necessary, as are their known (and unknown) risks. Here is the deal, according to doctors; immunologists; and little me: We have eradicated smallpox, pretty much; poliomyelitis; diptheria; whooping cough (pertussis);varella (sp?-measles); chicken pox, and a host of other pestilences too numerous to list here. Some of the other nasties such as bubonic plague; cholera; dengue fever; and leprosy are stubbornly resistant. But, they too may ultimately succumb---or not. Ebola is really scary, as are all haemorragic (spelling, again?)fevers.
我的观点?医学已经让我们更安全了。忽视这一点的人要么是陷入了某种文化迷信,要么就是没有注意到这一点。我不会挑出任何一个群体来批评——我不需要这样做,因为大多数受过教育的人都知道,有些人对现代医学有意见。可惜,。
I got my flu shot today. I will be 65 years old in January(tap,tap on hardened cellulose). Flu shots have not killed me yet. And, neither has the flu. Or smallpox;whooping cough;polio;herpes zoster; tetanus; pneumonia; diptheria;
——我可以继续说下去,关于在我的身体里放置了超过65种预防性毒药。现在来吧。人聪明。而且聪明到可以利用现代科学的优势和保护。不是吗?我想在离开这个尘世之前去一趟非洲。但说实话,埃博拉把我吓坏了。我想我会待在家里。
Best to All,
Neuman.

Guest's picture

Guest

Friday, October 5, 2012 -- 5:00 PM

Neuman: I see you've drank

诺伊曼:我看你喝多了。一个聪明的人怎么会相信现代医学是绝对正确的呢?现代医学做了很多不可思议的事情,但也有很多失败。只有受过教育的人才能看出其中的区别。你的暗示是,任何质疑现代医学的人“要么是陷入某种文化迷信,要么是不关注”,这简直是侮辱。
流感疫苗,还有你注射过的所有其他疫苗,都还没有害死你。对你有好处。但是有很多人受到了伤害。你选择接受所有这些“预防性毒药”。那是你的选择。但对那些做出与你不同选择的人表示尊重。

Harold G. Neuman's picture

Harold G. Neuman

Saturday, October 6, 2012 -- 5:00 PM

亲爱的TC。I'm not sure who I

亲爱的TC。我不知道我侮辱了谁,也不知道你觉得我不尊重了谁。也许我受过教育,也许没有。不管真的。我就讲到这里,让别人来决定谁是这里的反动分子。祝你今天愉快。纽曼,通话完毕。

Gary M Washburn's picture

Gary M Washburn

Thursday, February 5, 2015 -- 4:00 PM

Typhus is gone (remember

Typhus is gone (remember Typhoid Mary?), smallpox is gone, polio, measles and many others, gone. Even tooth decay, largely a thing of the past since flouridation. Government had us install indoor plumbing. It forced electricity to be made available in rural areas. It forced doctors to show proof of competence. Employers used to argue that accepting employment implied consent to the hazards involved, even where death was common. Is it government intrusion to prevent employers from taking liberties with employees' bodily choices? Is this, after all, just another anarchy question? There's lots of debate yet about what methods work best to reduce addiction, but does this mean there is no public interest is limiting the crime and strain addiction is on the public and on public resources?
但一个更基本的问题是,这个问题是否适合一般性讨论?个人决定的大多数公共卫生后果可以在公共基础上解决,产生足够的依从性,将问题降低到一个可管理的水平,而不强加给任何人,只需要让大多数人相信某种行为或替代方案的智慧。
But when we walk into a store and are instantly bombarded by every tactic the most devious and highly trained experts, armed with sophisticated experimental data, can inflict upon us, is this really a matter of individual choice? The marketers are certainly trying to see to it is is not. To get too individualistic in this is to go unilaterally disarmed against a phalanx of interest in undermining our individuality.
So, is this a vexed question?

lindamat2001@yahoo.com's picture

lindamat2001@ya...

Saturday, February 7, 2015 -- 4:00 PM

This idea does NOT apply to

这个想法不适用于肾脏,因为我们没有一个“额外的”肾脏,我们有两个,因为随着年龄的增长,有一些条件和疾病会影响一个肾脏,而可能不会影响另一个,因为肾脏的功能对生命如此重要,我们需要冗余。自愿捐肾的人,通常是给家人的人,是在为自己未来的健康承担风险。这是自愿的!

haber.jim's picture

haber.jim

Saturday, February 7, 2015 -- 4:00 PM

Regulating abortion would

规范堕胎意味着我们在说,女性必须把自己的身体服从于国家,而男性则不会。我们在哲学上对此有何看法?

N. Bogdanov's picture

N. Bogdanov

Saturday, February 7, 2015 -- 4:00 PM

I think your post brings up

I think your post brings up two important, and importantly different, lenses through which to consider the problem of regulating bodies. The first you mention at the beginning of your post: the state. Here, the thought seems to be that the state has certain compelling interests, which, when demonstrated under sufficient scrutiny, allow it to justifiably interfere in areas otherwise off-limits to it. For example, I would argue that the state has a compelling interest in its citizens remaining free of illness. In fact, I would think that most people would agree with this claim. The disagreement comes when we consider whether some specific measure is appropriately suited at serving that interest. Does taxing unhealthy food serve that interest enough, for example, for us to justify it? What about mandating vaccinations?
The other lens is that of morality, which you mention toward the end of your post. Morality is not an institution, per se, so it is more difficult to speak of it infringing upon our rights. We can, however, ask if it generates the sort of force we think it does in reference to our bodies. But, the role of our bodies in this question seems misplaced. The question, I think, should not be whether morality can regulate our bodies; that seems to put the cart before the horse. Rather, the question should always concern what we ought to do and what doing so might say of our philosophical orientations. If, under this scheme, we find ourselves required to give blood, then we can take issue with it on the grounds of giving blood, not on the grounds of regulating bodies, which by itself is too broad a category to be meaningful. On this view, one might call forgoing vaccination immoral because in doing so we do not consider the agency of those whom we might be affecting (or, rather, infecting) further down the line.

Lane's picture

Lane

Saturday, February 7, 2015 -- 4:00 PM


Show opened today with Ken asking what Philosopher would even think to ask the question, "Who owns my body?"
But only a male philosopher who has no real concept of what women have been dealing with with for thousands of years would find the question obscure, unique or strange. Women have been trying to assert control over their own bodies and reproductive capacities since the dawn of time. It's one of the central questions a woman starts to ask as soon as she's no longer a child.

Gary M Washburn's picture

Gary M Washburn

Saturday, February 7, 2015 -- 4:00 PM

The issue of vaccines is less

The issue of vaccines is less one of public coercion, a preponderance of compliance should be enough without it, than of bad science, which frightens the unsophisticated into non-compliance. This is especially problematic when the hold-outs suppose themselves more knowledgeable than they are. This is a media issue, not one of personal choice. Public persuasion is effective if the media is not shill to private interest with no respect for facts or even decency. I would just hope there is no place for bad science in these discussions.
标题中的图片很麻烦。但它们强调了一系列入侵的结果,这些入侵并非来自政府的高压手段本身,而是由于安全部门倾向于发展出一种过度膨胀的自我重要性,以至于隐私问题对它们几乎没有影响。他们所做的很多事情都是秘密的,以至于他们很难避免屈服于掩盖其错误的诱惑,从而形成了一种凌驾于法律之上、甚至凌驾于公众利益之上、当然也凌驾于公众监督之上的文化。20年前,丹尼尔·帕特里克·莫伊尼汉(Daniel Patrick Moynihan)在他的《保密》(Secrecy)一书中对此提出了警告。

Harold G. Neuman's picture

Harold G. Neuman

Monday, February 9, 2015 -- 4:00 PM

I've been away for awhile-

I've been away for awhile--since insulting TC with my last comment on this regulating bodies topic. Happy to see some new ideas from some new contributors! I'll try not to be too insulting here, but, no---I do not see this question as at all vexatious. Why? Because, contrary to one comment, not all infectious diseases are gone. The growing measles outbreak seems to aptly illustrate that reality. We ought (seems to me) to be more responsible towards civilization. Immunization programs have, over the long view, proven safe and effective. Recent concerns about the autism connection have not been substantiated, to the best of my current knowledge. It is certainly laudable to respect people who wish to make their own choices about things. But for every choice we make, there is either a benefit to be gained or a price to be paid---or both. And it is another matter altogether when others are compelled to pay the price for choices THEY did not make. On a related note, there is an increasing epidemic of personal irresponsibility infecting our world. But, that is another issue that has been vexatious for perhaps a dozen years. Go your own ways, friends---by all means, make your own choices. But, remember also that those choices can affect innocent people in adverse ways. I really must read what Laura's post has to say about anarchy. I think it may connect with the I epidemic mentioned above. Warmly, Neuman.

Gary M Washburn's picture

Gary M Washburn

Tuesday, February 10, 2015 -- 4:00 PM

Without taking issue with the

在不质疑你文章的主旨的情况下,有几件事是可以澄清的。当一种传染病的所有新病例都来自外部时,就可以说从人群中根除了这种传染病,例如米老鼠麻疹。我想可能有人会忽略这个细微差别。对于目前的问题,我一般不会对人们太苛刻。真正的罪魁祸首是一个对科学如此无知的媒体,以至于它能有任何意义都是一个奇迹。我们很容易就能发现一堆异常现象,这些异常现象可能会让不成熟的人相信,某些超出既定原则的东西在起作用。有一项研究要求两组人进行一系列的抛硬币。一组人投掷硬币,而另一组人想象他们的硬币。测试的操作者能够分辨出哪一组是哪一组,因为假想的硬币产生的结果太接近理论分布了。很难让未经训练的人相信,在太小的样本中,“集群”在统计上并不显著。 Hence Oprah has convinced armies of soccer moms to keep their children unvaccinated. It's her, and not the mothers, who should be disciplined somehow. The issue is vexed because our bodies are regulated in ways that government is needed to prevent, insofar as this is possible. Aside from the manhandling we get from security forces, and the us vs. them mentality that creeps into law-enforcement, especially where white cops police black neighborhoods, government doesn't do nearly as much regulating our bodies as merchants do. That is, the issue is vexed because it doesn't address the most pertinent scale of intrusion, employers, the grocer, the bank, the insurance companies, fast food, etc. Political power is not proprietary, and tyranny is nothing more than the, perceived, prerogative of the strong. The role of government is not to own power, but to keep proprietary claims from being made upon it.

RB's picture

RB

Wednesday, February 11, 2015 -- 4:00 PM

Do you feel a child should be

Do you feel a child should be able to bring a Wrongful Life suit against their parents when it is clear the parents knew there would be a 50% chance of passing on a defective dominant gene that would seriously limit the quality of life of the child?

Gary M Washburn's picture

Gary M Washburn

Thursday, February 12, 2015 -- 4:00 PM

No more than I feel a child

就像我认为一个孩子一生都不应该对被带到这个世界上的“礼物”感到有义务一样。“无”不是“有”的对立面,而是“无”的对立面。送秋波是错误的。

Or's picture

Or

Monday, March 2, 2015 -- 4:00 PM

What if experience is an

如果经验是一种幻觉呢?如果我们人类只是幻觉呢?如果我们的身体和心理过程都是幻觉呢?那么,关于人体所有权和/或对人体所有权的监管的问题是否仍然重要?肯定或认为,我拥有我的身体-它?我有权利吗?或者我可以对我的身体做我想做的事?在这种情况下完全采取另一个维度的确定,也许是精神维度?如果是这样的话,在精神层面上,所有权(个人或国家层面)的意义是什么?在我看来,人类对所有权的幻觉是人类对人性的一种矫情的、误导的、甚至是错误的理解的结果。我们一无所有,更不用说我们的物理包装了。 One day I have all my body parts (regulated or not by the system), the next day I am not even here! So how could I, or any system created by humans, all of us merely illusions, possibly have any rights over this ethereal illusionary human substance?

Gary M Washburn's picture

Gary M Washburn

Wednesday, March 4, 2015 -- 4:00 PM

Can an illusion make a

Can an illusion make a difference in you ability to apprehend your own words? Or to appreciate their meaning? The seeming hermetic seal between minds is not a simple matter. There is something secreted there (the refusal to appreciate my response) and yet there is also something there every bit as unhidden as it is unknown to me (your being influenced to do so). The former discerns you as a thing apart, but renders you anonymous to yourself. The latter frees me of your prejudices and so offers me the meaning of the name as that unhidden though yet unknown person. The flaw in the logic of it is its refusal to recognize the unfinished isolation in the qualifier. "Is not" is not the contradictory to "is", it is the contrary. And so the logical inference that divides the universe into distinct units and entities bleeds meaning as it goes. What extends is not more perfect isolation but less. We distinguish each other by offering the means to each other to be free of such secreted unresponsiveness and are introduced to each other as much unhidden as we are yet unknown. Our name is the initiation of that difference. This is why a name is a special linguistic event that logic cannot defeat.