DILEMMAS OF BIOETHICS: A JEWISH VIEW

The specificity of the Jewish approach to solving bioethical problems stems from the general adherence of this religion to strict observance of the law set forth in the Torah and Talmud. In any controversial issue that requires some choice, Judaism turns to the wisdom of the millennial tradition of interpreting the law, trying to understand the will of God and follow it. Respectively, in solving ethical problems related to medicine, according to a rabbi, people should more trust the ancient texts that reveal the will of God than rely on their own moral intuition. The method that dominates the field of Jewish biomedical ethics is “legal analysis” - the study of religious legislation in order to find and interpret cases that are relevant to contemporary problems. Issues related to the possibility of using certain technologies in medicine are resolved on the basis of religious legislation (Halacha) and partially, on the involvement of the actual ethical (extra halachic) discourse. According to this methodology, the bioethical problem is first viewed as a “halachic inquiry”, as a question whose solution can be found through an analysis of the responses of the halachic literature. When it turns out to be impossible to find cases relevant to the problems generated by modernity, decisions are made on the basis of intuitive ethical judgments, consistent with the general humanistic values of the Jewish tradition. In this article, the Jewish approach to making solutions to ethical problems in medicine is demonstrated by the example of the problem of abortion and the use of assisted reproductive technologies. In both cases, bioethical discourse begins with a discussion of «halachic precedents», but in the absence of such, purely ethical argumentation enters into force. Most of the Jewish authorities are inclined towards a rather “flexible” interpretation of the law and an increasing recognition of the achievements of modern medicine. While maintaining the general approach to the consideration of bioethical dilemmas, which presupposes the primacy of reference to the law, the significance of the ethical discourse itself is increasing.