BIOETHICS AFFINITY GROUP

PROGRAM NEW ORLEANS 2011

Thursday 6^th January 2011

1:30-6:40pm               Jewish Bioethics Affiliate Group of the SJE                                  Grand Ballroom A

1:30-3:30pm          Session 1: Reflective Pathways in Jewish Bioethics

Jonathan Cohen, HUC

"Halakhah, Aggadah, and Jewish Bioethics"

Jewish Bioethics is at a methodological crossroads. In recent years, a great deal of attention has been paid to "Aggadic" approaches to bioethics, approaches which some feel broaden the discourse, and which would free bio-ethicists to address some of the issues presented by an ever increasing social and technological complexity. This paper warns that the shift may not be quite as easy as it seems, and suggests that much of the use of Aggada has, in fact, simply mirrored the Jewish tendency to seek solutions to specific problems through halachic "psak". Drawing on "post Modern" literary theory, the presenter is prepared to enrich the conversation and struggle with the consequences.

Aviad Hollander and Yitzchak Roness, Bar-Ilan University

"Modern Talmudic Research and Jewish Bioethics: Rabbinic Eugenics as a Case Study"

Talmudic research has deepened our understanding of the historical complexity of rabbinic literature. The later unification of various earlier literary strata, originating in vastly different cultural regions, obstructs the attempt to attain a true historic understanding of the rabbinic view on any given topic. Even assuming the theoretical ability to arrive at the historical "truth" regarding the original rabbinic conception, the logical foundation for the application of their understanding to present circumstances is far from simple. Through the analysis of various rabbinic statements containing eugenic assumptions, we will discuss the impact of this understanding upon the Jewish bio-ethicist's attempt to derive contemporary lessons from such early rabbinic sources.

Jonathan Crane, The Center for Ethics, EmoryUniversity

"Revitalizing a Dying Story: Narratives, Norms and Bioethics"

Rabbi Chananya ben Teradyon was burned alive by the Romans, and for contemporary Jewish bioethicists this story supports condoning or condemning euthanasia. I examine this curious bioethical practice of reading a(n ancient) narrative to make a (modern) norm. It is particularly complicated because there are multiple versions of Chananya's demise in the Judaic textual tradition, and a composite of them obscures any clear position about interfering with someone’s dying process – facts that few if any bioethicists admit. Insofar as such stories are both content-wise ambiguous and normatively ambivalent, what can modern Jewish bioethicists do if they want to gain guidance from the Judaic textual tradition? 

Convener:        Laurie Zoloth, Northwestern University

3:45-5:05pm          Session 2: Medical Law and Jewish Values

Jill Abromowitz Gutmann, HUC

"Wrongful Birth Suits: a Modern Jewish Ethical Dilemma"

Advances in genetic testing and pre-natal screening have resulted in a growing number of wrongful birth lawsuits. These suits stem from an allegation of being hindered by a malady occurring in the course of one's dependent's birth. This paper explores the ethical dimensions of wrongful birth through the lens of Jewish sources. It asks the questions, "Is it permissible for Jewish people to file wrongful birth lawsuits, and what halakhic restrictions and implications are there to allowing such suits?"

David Harari, UGC & MSSM

"Medical Coercion and Patient Autonomy: Understanding the Israeli Patient's Rights Act"

Patient autonomy is perhaps the most central pillar of contemporary medical ethics. The Israeli Patient's Rights Act (IPRA) affirms the patient's right to autonomy and informed consent, but also includes an escape clause that effectively allows physicians to impose life-saving treatment on competent patients in select circumstances. The institution of medical coercion in Israel is best understood as a reflection of both normative Jewish moral theology and Israeli social structure. This thesis analyzes the IPRA's escape clause, probes its religious/cultural origins, addresses the arguments in favor of its morality, and attempts to determine the role, if any, of coercion in medical decision-making.

Convener:        William Cutter, Hebrew Union College

5:20-6:40pm          Session 3: Respecting the Dying and the Deceased

Neil S. Wenger, UCLA School of Medicine

"How One Defines Death has Implications for Care Provided to Dying Persons"

The definition of death according to U.S. law has important implications for ceasing inefficacious treatments and retrieving vital organs for transplant. However, religious authorities may disagree with when it is permissible and appropriate to remove "life-support" modalities. We present a case in which a conflict between a traumatized family guided by a religious authority and physicians led to disrespectful handling of the body of a dead person, interruption of loved ones’ natural grieving process and wasteful use healthcare resources. We explore the tension between respect for religious mores and the professional responsibility not to treat a dead person as if he were alive.

Jason Weiner, Cedars-Sinai Medical Center

"Jewish Legal Perspectives on Burial in a Mausoleum"

This article seeks to trace and analyze Jewish burial customs and law through primary sources from Tanach, through the Talmud, Rishonim and classical and contemporary Poskim, including Conservative and Reform response and academic research, as they apply to interment in a "mausoleum," "crypt," or "wall space."  The analysis focuses on the traditional reasons behind Jewish burial customs and how they apply to contemporary circumstances, offering an organized and nuanced approach to this complex issue.

Convener:        Elliot Dorff, American Jewish University