Last month, Tina Carlsen was arrested last month for kidnapping her infant son, Riley Rogers. Her crime? Sneaking Riley out of a Seattle hospital in order to prevent surgery ordered by his doctors and a judge. Riley suffers from a congenital condition which is causing his kidneys to fail and the doctors want to install a catheter that would prepare him for eventual dialysis. Carlsen wanted to try alternative homeopathic treatments including ionic footbaths.
Doctors performed the surgery on June 30 and Riley was released into the custody of his father. Carlsen, who is out of jail on $500,000 bond, is being allowed state-supervised visits.
Just how bone-headed must parental decisions about a child's welfare be before the government should intervene is one of the toughest questions for philosophical libertarians. Generally I tend to bow to medical expertise (especially when the "alternative" is bogus homeopathic treatments), but medicine is not exact, so there are plenty of gray areas. It is true that Carlsen violated a court order, but is justice really being served now by prosecuting her?
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|7.12.06 @ 11:57AM|#
Recently, my wife & I have been attending childbirth classes. At the last one, the subject of childhood immunizations came up. More than half of the upper-midlle class yuppies in the class, including the midwife leading the thing, regard immunizing a child as being identical to injecting the child with 50 cc of retard juice.
I'm all for libertarianism, but then there are things that make me question the rationality of a political philosophy based in part on the majority of folks having at least a low to mediocre ability to make good decisions.
Dan T.|7.12.06 @ 11:58AM|#
It is true that Carlsen violated a court order, but is justice really being served now by prosecuting her?
Yes. We must be willing and able to enforce court decisions or else the courts become useless.
|7.12.06 @ 11:59AM|#
Could it depend on the evidence for alternative treatments vs. allopathic treatments for whatever case we are talking about? Suppose it's one specific form of cancer (or some other disease heretofore resistant to western modern medical techniques) where the allopathic treatment success has been 0 to 5 percent. Maybe then a parents use of an alternative treatment would not seem like child abuse.
|7.12.06 @ 12:04PM|#
We must be willing and able to enforce court decisions or else the courts become useless.
Dan T has it right...when everything is arbitrary, then you have chaos...I don't think libertarianism = anarchy.
Having said that, one could argue that the courts are already meaningless. In which case....
|7.12.06 @ 12:09PM|#
Dan T. What about prosecutorial discretion? Not every infraction that can be prosecuted is prosecuted, right?
|7.12.06 @ 12:11PM|#
From a libertarian perspective, it seems to me that allowing the state to dictate treatment (even if it happens to be the correct treatment) can only mean trouble in the long run -- i.e., further control over our lives.
Dan T.|7.12.06 @ 12:13PM|#
Dan T. What about prosecutorial discretion? Not every infraction that can be prosecuted is prosecuted, right?
A fair point. But this appears to be a pretty severe case so I think we must be willing to show that court orders must be honored when a child's health or life is on the line.
Wild Pegasus|7.12.06 @ 12:13PM|#
Generally I tend to bow to medical expertise
I'm shocked.
- Josh
|7.12.06 @ 12:13PM|#
I agree ... libertarianism is not anarchy. Don't libertarian drivers appreciate traffic lights? If you have traffic lights, you need cops and courts to enforce them ... otherwise it's not safe to drive.
This case is a slam dunk. It would be different if it was a religious circumcision, but in this case it's not. Homeopathy is not accepted by modern medicine. That's not a statist plot. It's science.
|7.12.06 @ 12:24PM|#
If she had just named the kid "Elian," the government would have gone into the hospital with assault rifles and pulled the kid out for her!
|7.12.06 @ 12:31PM|#
I suspect that we can go around in all of the same circles that we've gone around in when similar issues have been discussed. I won't try to answer any of the hard questions in this post, but simply point out that some of the questions are in fact hard and cannot be resolved by a simplified application of libertarian philosophy. Parents have rights as well as responsibilities. We can debate about where the lines should be drawn, but it's clear that as long as parents have responsibilities for their kids then it will, from time to time, be necessary for a court to intervene. Sad but true.
One thing to keep in mind is that the father didn't seem to oppose the surgery. He was very conflicted and seemed to think that both the mother and the doctors should have handled it better. The father's unease with the situation makes it murkier.
Also, Ron, you say that you usually come down on the side of medical experts. You are also very big on defending the right to engage in all sorts of medical procedures that at this point are rather speculative. Now, I realize you would not want anybody to be coerced into getting a speculative futuristic treatment, but imagine this scenario:
What if, instead of some all natural homeopathic hippy dippy age of aquarias alternative treatment, the mother had wanted to try a very new and still experimental treatment that had such buzzwords as "human enhancement" attached? (We'll assume that you own no stock in the company selling it :)
Would you defer to the medical experts, or would you be all in favor of trying the new frontiers of medicine?
|7.12.06 @ 12:38PM|#
The case is far more complex (and fucked up) then you think:
From the Post:
"His mother, whose family has a history of kidney disease, questioned why the operation and the dialysis could not wait until the procedures were really needed.
Carlsen's doctor alerted Child Protective Services at least three times after Carlsen sought to treat her son with natural remedies instead of surgery. The child's parents asked to see another physician, but Dr. Nicole Becker stayed involved, according to Carlsen's attorney, Michael Shipley."
The doctor lied to the police and said that the child's life was in danger, thus prompting the Amber Alert, when in fact the child may not need the surgery EVER.
Ultimately, the doctor didn't want the mother to get a second opinion (which is why he stayed involved in the case), and wasn't about to let her do anything that he didn't okay.
I hope she sues the hospital into bankruptcy.
|7.12.06 @ 1:10PM|#
WSDave-
Based on what you're saying, it sounds like this case is pretty simple based on the facts, and an appeal to principle is not really needed here. If the doctor lied about the danger then the situation is pretty straightforward.
That's what I get for skimming the article.
Still, Ron's willingness to go with the medical experts over alternative medicine may run into problems if the medical experts cast doubt on a speculative treatment.
Any comments, Ron?
Captain Holly|7.12.06 @ 1:16PM|#
This is a difficult question, but at the same time, one shouldn't be so quick to assume that doctors and the social services bureaucracies are inherently better than parents when it comes to determining what's best for their kids.
And as an example, I give you the case of Parker Jensen, who was diagnosed by a pediatric oncologist as having oral cancer and was prescribed chemotherapy. When his parents requested a second opinion and less severe, "naturopathic" treatments -- a perfectly reasonable request -- the doctor turned them into the Utah child protection bureaucracy, who in turn argued in court that Parker would die within a year unless he got treatment. The judge, without hearing any contrary arguments, agreed and ordered him to be taken from his parents.
The parents took Parker and fled to Idaho. They were eventually arrested and brought back to Utah, but the resulting outcry from the public forced the state to back down. In the end, the state gave in and allowed the parents to keep him and treat him as they felt best. The Jensens just recently won a round in their lawsuit against the state employees who engineered the whole fiasco, although final payment is several years away.
And Parker? Well, almost exactly three years after he was nearly forced into chemotherapy to save him from cancer, he is still healthy and cancer-free.
Murray Rothbard's Ghost|7.12.06 @ 2:58PM|#
We can clearly deduce the answer from the non-aggression principle. The one true correct libertarian answer is ... ah, hell, this one's hard...
|7.12.06 @ 3:09PM|#
Deferring to medical conventional wisdom and overriding the inclinations of parents is totalitarian and a recipe for disaster for our children. Do we need any more proof than the appalling explosion in autism coinciding with the expansion of the state-mandated vaccine schedule (notwithstanding attempts to vindicate vaccinations by government agencies)?
If the state could prove (to the satisfaction of a jury) that the parents were abusive and/or negligent, then this type of intervention might be justifiable. But to ASSUME abuse/negligence because the parent does not agree with the bureaucrats as to the appropriate treatment, basically says that you do not have the right to raise your child as you see fit, that the state is the real parent.
|7.12.06 @ 3:09PM|#
Damned server squirrels! I've been trying to post the below for a while.
Thoreau: All of my discussions concerning advanced biotech treatments (and enhancements) is premised on their being reasonably safe. See, for example, my arguments against human reproductive cloning now. Of course, what is "reasonably" safe will depend on the specific treatments when they become available. Ask me about them then.
One further note--my writing and reporting on speculative biotech treatments is basically aimed at trying to persuade people to allow the research to go forward rather than be pre-emptively banned on grounds of "repugnance" a la Kass and others. Let's wait and see what people will do when the time comes instead of assuming from the get-go that the new technologies will be widely abused.
Now I have to go get a jumpstart for my car.
|7.12.06 @ 3:09PM|#
It's those goddamned activist doctors.
|7.12.06 @ 3:22PM|#
Damned server squirrels! I've been trying to post the below for a while.
Thoreau: All of my discussions concerning advanced biotech treatments (and enhancements) is premised on their being reasonably safe. See, for example, my arguments against human reproductive cloning now. Of course, what is "reasonably" safe will depend on the specific treatments when they become available. Ask me about them then.
One further note--my writing and reporting on speculative biotech treatments is basically aimed at trying to persuade people to allow the research to go forward rather than be pre-emptively banned on grounds of "repugnance" a la Kass and others. Let's wait and see what people will do when the time comes instead of assuming from the get-go that the new technologies will be widely abused.
Now I have to go get a jumpstart for my car.
|7.12.06 @ 3:29PM|#
Homeopathy cured my excema.
|7.12.06 @ 3:42PM|#
appalling explosion in autism coinciding with the expansion of the state-mandated vaccine
Now let's hear about fluoridation of water as a government-sponsored mind control method.
|7.12.06 @ 3:43PM|#
Ron-
That is fair.
Bretigne|7.12.06 @ 3:49PM|#
fishfry,
Re: "Homeopathy is not accepted by modern medicine. That's not a statist plot. It's science."
Actually, that's not true. In the mid-19th century there was a pretty nasty political battle within medicine between the homeopathic and the "allopathic" (what we now call conventional medicine) camps. The allopaths won with the establishment of the AMA which began to set the standards for medical schools -- with a decidedly anti-homeopathic bent. This bias was not based on any scientific studies or hard evidence, but on the political alliances of those within the AMA. In fact, one of the major beefs the allopaths had was that homeopathic doctors were making more money than they were -- in other words, they were doing a better job of satisfying their customers. The AMA, like any other union, was trying to stifle competition to the benefit of its members. They did a pretty good job.
To my knowledge, there has never been any scientific "showdown" proving that conventional medicine works better than homeopathic medicine. Medical intervention is responsible for at least 225,000 deaths annually in the US, according to JAMA (other estimates are much higher), including 106,000 deaths due to "non-error, adverse effects of medications." As far as I know, homeopathy has never killed anyone. And there are plenty of peer-reviewed professional journals documenting its successes.
My point here is not to argue that homeopathy is better than allopathy, but to point out that the science is not in on this, for the simple reason that the science has not been done. (Then of course there?s the whole question of the two systems having radically different ideas of what it means to heal or cure a patient. But that's a topic all on its own.) It amazes me that so many libertarians are so willing to put their faith in conventional medical authority simply because it is authority -- particularly when this industry is so overwhelmingly characterized by statist intervention, rent-seeking, politically motivated funding, etc.
Bretigne|7.12.06 @ 3:55PM|#
Abdul,
Re: "More than half of the upper-midlle class yuppies in the class, including the midwife leading the thing, regard immunizing a child as being identical to injecting the child with 50 cc of retard juice."
So I guess you missed this: "Salon: Deadly Immunity"? There is plenty of evidence showing vaccines to be harmful. In fact, the medical community doesn't deny that there are risks -- the only points of contention are precisely what and how high those risks are.
"I'm all for libertarianism, but then there are things that make me question the rationality of a political philosophy based in part on the majority of folks having at least a low to mediocre ability to make good decisions."
Yeah, wouldn't it be great if everyone made "good decisions." And wouldn't it be even better if I got to be the one to decide what that meant. But I'm all for libertarianism.
|7.12.06 @ 4:04PM|#
AC,
Nice try to discredit me.
Rather than dismiss these concerns out of hand as irrational hysteria, why don't you do some homework and actually investigate the science behind these concerns.
This article would be a good place to start:
http://www.lewrockwell.com/miller/miller14.html
After reading this article and contemplating the matter, ask yourself if you (and by extension, the average judge or bureaucrat) really are so certain in your medical knowledge that you are qualified to take away the parent's perogative to decide what is best for their kids and put the life and well-being of another parent's kid in your hands.
|7.12.06 @ 4:23PM|#
Rather than dismiss these concerns out of hand as irrational hysteria, why don't you do some homework and actually investigate the science behind these concerns.
I wouldn't be dismissing them as irrational if I hadn't already researched them. I fully understand the concerns about immunization from a libertarian point of view, but junk science is not necessary to justify those concerns.
|7.12.06 @ 4:29PM|#
Well, we have enough cases when Christian Science parents (and others) refuse medical treatment for their kids and rely on prayer. Documented cases where the kid has died.
What's the libertarian view on that?
|7.12.06 @ 4:37PM|#
AC,
Please enlighten us as to how junk science is being used to justify concerns regarding vaccination.
|7.12.06 @ 4:54PM|#
In somewhat related news... Brain implants bypass paralysis
|7.12.06 @ 4:58PM|#
Oh great, a fucking pile of shit anti-vaccination woo.
Go sell your snake oil elsewhere, Weinier.
|7.12.06 @ 5:02PM|#
Go sell your snake oil elsewhere, Weinier.
It's snake oil to point out that there are legitimate risks with vaccines (like with any types of medication)? Good to know...
Let's just ignore truths because they don't fit our world view....just like the religious dogmatists you are so found of attacking....hyppocrite
|7.12.06 @ 5:06PM|#
Akira,
Now that you have argued the point so thoughtfully and persuasively, I don't know what I was thinking! I don't know what we would do without all of the rational commentators on the Reason blog to set the story straight!
|7.12.06 @ 5:08PM|#
When the "risks" arereply to this