Because Orthodox morality is primarily therapeutic, it is not juridica — Bioethics

"In many ways it is anachronistic to use this term prior to the 1970s, for the phenomenon of bioethics was in many ways associated with the deprofessionalization of medical ethics and its reconceptualization as a secular, philosophically oriented discipline independent of the health care profession."

"It is important to acknowledge again how bioethics discussions within and among religious communities reveal features that generally distinguish them from self-consciously secular approaches to bioethics. While it is to be expected that different interpretations of text, tradition, method, and authority often lead to different conclusions among religious traditions in their respective judgments on particular topics, it seems equally clear that religious understandings, although nuanced differently among various faith communities, often reveal broadly shared characteristics that stand in stark contrast to the moral minimalism at work in many secular approaches. Such similarities should not be that surprising. For the convictions at work in religious this often eventuate in a discernible consensus among traditions that nonetheless remain distinct in their understandings of ecclesiology, method, and authority. Theological arguments characteristically function in a richer, more robust fashion than the lowest-common denominator, procedurally driven arguments at work in secular perspectives. While that robustness of vision poses challenges to the development of a common morality workable at the level of policy, it also invites a broader conversation about, if not a prophetic challenge to, the assumptions that undergird much of the conventional wisdom in bioethics discussion."

"The challenge of providing a secular foundation for bioethics can be seen as defined historically against three fundamental Western experiences of fracture and rupture: (1) the Reformation with its consequent fragmentation of Western Christendom into a plurality of Christianities and Christendoms, (2) the Enlightenment with its formation of a secular, intellectual culture, which aspired to transcend this diversity, and (3) post-modernity with its recognition that are returned to this diversity, given the Enlightenments failure to justify a single, canonical, content-full morality by discursive reason alone. These experiences frame the moral geography for current debates regarding bioethics. They establish taken-for-granted expectations regarding moral diversity, the role of secular morality in spanning religious moral difference, and the contemporary experience of post-modernity. They account as well for a kind of nostalgia felt for the moral unity of the Western Middle Ages expressed in various hopes to see humans bound in a universal moral community governed by a global bioethics enforced legally across the world and in a persistent faith that discursive moral rationality can establish a universal ethic, despite its many failures."

"There is a continuity between the discursive, rational commitments of the Scholasticism that emerged in the 13th century and the Enlightenment project of providing rational account of proper moral probity. Although the Enlightenment attempted to give an account of morality undirected by revelation and ecclesiastical authority, thus involving a substantive break with previous moral assumptions, the Enlightenment as well as Scholasticism share a substantive commitment to reason’s abilities to provide outside of right worship and right belief a universal account of morality. Bioethics as it took shape in the 1970s reflected a late-Enlightenment attempt to provide a secular surrogate for the religious moral authorities that had once guided the West (Engelhardt, 2002). Secular and Western Christian bioethics have drawn on philosophical assumptions regarding the capacities of discursive reflection. They both have a penchant for attempting to identify moral truths with the deliverances of systematic moral reflections. In contrast, Orthodox Christianity lives in an understanding of morality uncompromised by Scholasticism, the Renaissance, the Protestant Reformation and the Enlightenment."

"The vocabulary and leading ideas of Catholic bioethics have developed out of the moral work of the great scholastic theologians, most notably from the moral analyses of St. Thomas Aquinas. This tradition of moral thought is often called “natural law theory” or the “natural law tradition” after a dominant component of Aquinas’s time, with notable highlights in the work of the 16th century Spanish scholastics, the 17th century causists, the 18th century synthesis of St. Alphonsus Ligouri, and the revival of Thomistic study in the ate 19th and 20th centuries. The working method throughout this period has been a form of casuistry: new and difficult cases were compared and contrasted with clearer, paradigm cases to illuminate their morally important properties so as to allow their correct moral classification is compatible with the absolutism that characterizes catholic moral analysis: the morally important properties of actions, once revealed by casuistry shows a certain form of intervention in pregnancy involves an intention to end or, more precisely, to shorten the life of the fetus, then the intervention is excluded by the exceptionless prohibition against intentionally killing the innocent."

"In an age that endorses diversity, while considering real disparities of belief as threatening, Christian bioethics, or at least traditional Christian bioethics, presented differences that matter, and that are therefore threatening. The Western history of religious wars and inquisitorial coercion encumbered Christian bioethics with a past that made its contemporary undertaking suspect. In a world bloodied by its response to difference, Christian bioethics offered to divide Christian from non-Christian, and Christian from Christian, seeming to endanger the fabric of a peaceable society. The particular content of Christian bioethics was a possible enemy off tolerance an a friend of conflict. Having engendered the religious wars of the past, Christianity of the mid 20th century was engendering the culture wars of the future. From the perspective of post-traditional Christians, and indeed in terms of many of the rights movements of the 1960s and 1970s, traditional Christianity was reactionary at best. It resisted progressive liberalism’s commitment to freeing persons and social structures from the constraining hands of the past. It saw in abortion and the emerging contraceptive ethos not avenues of liberation but roads to damnation. Rather than celebrating this ethos of choice as a liberation from the tyrant of biological forces, which has subjected women to men, traditional Christianity recognized in the secular revolutions affirmation of extramarital sex, the contraceptive ethos, and abortion, as only a further enslavement to the passions and chaos they bring. Disagreements about these matters within Christianity itself heightened the moral confusion of the time. Christian bioethics, rather than providing a means to resolve bioethical controversies and to achieve a general consensus concerning health care policy, fueled further controversy."