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Treating Kids Is Libertarianism for Adults Only?
Reason ^ | September 3, 2003 | Ronald Bailey

Posted on 09/08/2003 5:14:58 PM PDT by RJCogburn

One of the toughest questions in libertarian thinking is how to treat children. And one of the toughest areas for addressing that question is medical treatment. The case of 12-year-old Parker Jensen from Utah raises this issue once again. Three months ago, Parker was treated for Ewing's sarcoma, a soft tissue cancer that was excised from beneath his tongue. The boy's physicians argue that he needs standard chemotherapy in order to eradicate any microscopic tumors that may have escaped their knives. The doctors believe that without treatment, he has only a 20 percent chance of surviving his cancer, whereas with treatment, he's got a 70 percent chance of survival. However, Parker's parents, Daren and Barbara Jensen, apparently told his doctors that they would not consent to chemotherapy. They pointed out that chemotherapy is not benign since it could stunt Parker's growth and leave him sterile.

Alarmed by what they believed to be the parent's irresponsibility, Parker's doctors contacted Utah's Division of Child and Family Services who took the Jensens to juvenile court. A Utah state statute gives DCFS and prosecutors the authority to intervene in cases where parents refuse to provide possibly life-saving medical treatment to their child. After the court ordered that the boy be put in state custody and treated, the Jensen family fled Utah, saying that they are seeking a second opinion about the need for chemotherapy. Daren Jensen has been found in Idaho and is fighting extradition. The whereabouts of the rest of his family is unknown.

The Jensen case is unusual because typically legal disputes over the medical treatment of children arise in the context of religious beliefs (for example, Christian Scientists and Jehovah's Witnesses who want to forego treatments based on their interpretations of scripture). Some 35 states have religious exemptions for medical treatment.

Such laws do have consequences. Dr. Seth Asser, co-author of an article on medically preventable child fatalities said: "You can't beat, sexually abuse or starve your kids, but the law allows a parent to refuse medical care in favor of magic. This is not just a social phenomenon, but a public-health issue." Asser examined the cases of 172 children who died between 1975 and 1995 after being treated with faith-healing methods. He found that "one hundred forty fatalities were from conditions for which survival rates with medical care would have exceeded 90 percent. Eighteen more had expected survival rates of greater than 50 percent. All but three of the remainder would likely have had some benefit from clinical help." Prayer and medication often work better than prayer alone.

Secular humanist William Harwood makes an interesting point about equality before the law in Free Inquiry: "Since killing children by substituting prayer for necessary medical procedures is a criminal offense for Catholics, that makes it a criminal offense for Christian Scientists and Jehovah's Witnesses as well."

But what about Parker Jensen? Parker's parents' objections to treatment don't appear to be based on any religious objections. They evidently believe that they are doing the best thing medically for their child. If they are seeking a second opinion, the state of Utah should leave them alone. But what if they really do believe that chemotherapy is unnecessary for Parker? The problem is that they could be (and probably are) mistaken.

In On Liberty, John Stuart Mill's propounds his famous harm principle: "The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant." I am sure that the prosecutors and social workers in the Parker Jensen case would argue that they are doing precisely that, "preventing harm to others."

Later in On Liberty, Mill offers some thoughtful guidance on the liberty and responsibilities of parents toward their children: "It is in the case of children, that misapplied notions of liberty are a real obstacle to the fulfillment by the State of its duties. One would almost think that a man's children were supposed to be literally, and not metaphorically, a part of himself, so jealous is opinion of the smallest interference of law with his absolute and exclusive control over them; more jealous than of almost any interference with his own freedom of action: so much less do the generality of mankind value liberty than power."

Mill follows this by then advocating universal state mandated education. Surely, Mill would regard proper medical care as even more important to the welfare of a child than education. As much as it pains me to say so, Mill is probably right.


TOPICS: Culture/Society; Government
KEYWORDS: libertarians

1 posted on 09/08/2003 5:14:58 PM PDT by RJCogburn
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To: RJCogburn
So... medical care is compulsory now? For whatever the doctor orders?

Frightening. Chemotherapy is no joke - it destroys people. In the future we will look upon it with horror at the barbarity of the procedure.

Only the parents should have the legal right to make this decision. A doctor or a government agent should not be able to dictate to a person what treatments they will undergo.
2 posted on 09/08/2003 5:22:45 PM PDT by thoughtomator (Israel is the canary in the coal mine of Islamofascism)
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To: RJCogburn
J.S. Mill jumped the shark from classical liberalism to modern liberalism.
3 posted on 09/08/2003 5:44:13 PM PDT by John Farson (Live free or die.)
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To: RJCogburn
Eighteen more had expected survival rates of greater than 50 percent. All but three of the remainder would likely have had some benefit from clinical help." Prayer and medication often work better than prayer alone.


Remember folks.... survival rate means that there is breathing and a heartbeat.... severe brain damage or huge amounts of painful proceedures followd by increasing incapacity are not factored in. An Amish family I was aware of lost custody of their infant for experimatnal chemo purposes. The child had a always fatal cancer and the hospical wanted to prolong the poor souls life at great phycical costs. The parents preference was to take the child home and care for it until death. There are many of us who believe that we are to live as long as we are given but that we are not to fear death for it is just a prelude.
4 posted on 09/08/2003 5:52:53 PM PDT by mlmr (Today is the first day of the rest of the pie.)
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To: RJCogburn
I refer to myself as a "responsible libertarian" because I believe that absolute individual responsibility is the foundation of libertarianism and what makes it a superior political philosophy. Children are the products of their parents and so outsiders (eg. the state) have no justifiable reason for imposing their will on the children of others.

There are strategies available other than the use of force that can be employed to try to persuade parents to make different choices for their children, and force is almost always ineffective in dealing with people who make questionable parenting decisions anyway. If you accept the proposition that the government has a right to make any particular parenting decision, then you are giving them jusitfication for making all parenting decisions, because the phrase "in the best interests of the child" can mean anything the government wants it to mean from time to time to suit their purposes.

5 posted on 09/08/2003 6:16:52 PM PDT by ravinson
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To: RJCogburn
I'm astounded that this topic would be considered worthy of debate. Let me summarize the issue:

A child has been treated for cancer, but there is a high chance that without furthut treatment the cancer will return; the resurgance could even be fatal. On the other hand, chemotheropy has very severe side effects, and could permanently stunt the childs growth. If the child is too young to decide whether the risks are too high, who can act on the child's behalf?

  1. The family
  2. The government

If that was too hard for you, try an easier problem:

A very poor family can not afford to move out of the high-crime area they currently live in. They have decided that, instead of working two jobs to afford a more expensive home, they will home-school their child so that he or she will have a good chance at a college scholarship and a better life. Neither of them have any sort of teaching certification. The government points out that it has a foster home in a very safe neighborhood, where "trained professionals" will educate the children. Who gets to decide whether the child remains with his or her parents or goes to the institution?

  1. The family
  2. The govenment

6 posted on 09/08/2003 6:20:01 PM PDT by TennesseeProfessor
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To: mlmr; xsmommy; NYC GOP Chick
An Amish family I was aware of lost custody of their infant for experimatnal chemo purposes. The child had a always fatal cancer and the hospical wanted to prolong the poor souls life at great phycical costs.

You homeschoolers always excel at spelling and grammar. I admire you....NOT. Get a clue. If you're an adult and can't spell or construct a grammatically correct sentence how can your children hope to get a decent education??!!

7 posted on 09/08/2003 6:27:52 PM PDT by CholeraJoe (In other news: Cruz Bustamante will neither confirm nor deny that he's a racist.)
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To: CholeraJoe
Actually it is not my spelling, it is my eyes. I am sorry I upset you with my unedited typing.
8 posted on 09/08/2003 6:34:44 PM PDT by mlmr (Today is the first day of the rest of the pie.)
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To: RJCogburn
Mill follows this by then advocating universal state mandated education. Surely, Mill would regard proper medical care as even more important to the welfare of a child than education. As much as it pains me to say so, Mill is probably right.

Hoo--ahh! I wondered when I would see a libertarian reach this logical conclusion. And here it is.

First of all the caveats... Yes I realize there are libertarians with a sufficient moral core they would avoid this error. Yes I realize this is not a consensus opionion among libertarians, and this author's conclusion can't be assumed to be held by all who call themselves libertarians. Yes I realize there are other ideologies even more prone to this sort of thing.

That being said...

Oh heck.. it will have to wait. Brief version: pure libertarianism must lead this direction. Why? Because it is based on the individual. Back later to fill in more.

9 posted on 09/08/2003 6:37:57 PM PDT by Snuffington
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To: CholeraJoe
You see a post on FR with some typos, and you think it's evidence that homeschoolers can't spell? Get a grip on yourself.
10 posted on 09/08/2003 7:08:22 PM PDT by GovernmentShrinker
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To: thoughtomator
"Chemotherapy is no joke - it destroys people. In the future we will look upon it with horror at the barbarity of the procedure. "

That's a fact. It's barbaric but PSSSST don't tell the allopathic community ("traditional doctors) because it is standard scare procedure and an enormous money maker. All win but the patient.

11 posted on 09/08/2003 7:16:41 PM PDT by nmh
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To: GovernmentShrinker
The poster was a homeschooler. No jumping to conclusions, just coherent observations.
12 posted on 09/08/2003 7:16:43 PM PDT by CholeraJoe (In other news: Cruz Bustamante will neither confirm nor deny that he's a racist.)
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To: RJCogburn
"Secular humanist William Harwood makes an interesting point about equality before the law in Free Inquiry: "Since killing children by substituting prayer for necessary medical procedures is a criminal offense for Catholics, that makes it a criminal offense for Christian Scientists and Jehovah's Witnesses as well." "

Sometimes I have to do more than roll my eyes at ridiculous statements based on ignorance by choice.

If it is an offense to a Catholic that does NOT mean it HAS to be an offense to a Christian Scientist r a Jehovah's Witness SINCE their beliefs are DIFFERENT.

13 posted on 09/08/2003 7:20:31 PM PDT by nmh
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To: RJCogburn
"Secular humanist William Harwood makes an interesting point about equality before the law in Free Inquiry: "Since killing children by substituting prayer for necessary medical procedures is a criminal offense for Catholics, that makes it a criminal offense for Christian Scientists and Jehovah's Witnesses as well." "

Sometimes I have to do more than roll my eyes at ridiculous statements based on ignorance by choice.

If it is an offense to a Catholic that does NOT mean it HAS to be an offense to a Christian Scientist r a Jehovah's Witness SINCE their beliefs are DIFFERENT. They don't ALL look to the Bible for their beliefs.

I say this secular humanist is an ass. Furthermore his uninteresting statement proves he doesn't think.

14 posted on 09/08/2003 7:22:47 PM PDT by nmh
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To: RJCogburn
Taking the parents to court is a tragedy here. All the controversy is based on another fallible mortals OPINION. They are OFTEN wrong.
15 posted on 09/08/2003 7:24:22 PM PDT by nmh
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To: nmh
Catholic, Christian Scientist, Baptist, what's the difference? They all look the same to me. </secular humanist>
16 posted on 09/08/2003 7:27:57 PM PDT by CFC__VRWC (AIDS, abortion, euthanasia - don't liberals just kill ya?)
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To: RJCogburn
later read
17 posted on 09/08/2003 9:01:08 PM PDT by secretagent
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BTTT
18 posted on 09/08/2003 9:38:42 PM PDT by StriperSniper (The slippery slope is getting steeper.)
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To: CholeraJoe
You homeschoolers always excel at spelling and grammar. I admire you....NOT. Get a clue. If you're an adult and can't spell or construct a grammatically correct sentence how can your children hope to get a decent education??!!

Why would we turn our children over to a system that messed us up so badly? My homeschooled daughter kicks both of her parents' butts in math.

Here's my question for you. Why should I turn my daughter over to a CERTIFIED teacher that tells her class that there are less trees at the top of a mountain because there is less oxygen?

All of us have "blonde moments". Let it go.

19 posted on 09/08/2003 10:40:02 PM PDT by Marie (Klingon at heart...)
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