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"Euthanasia -- Law and legislation -- United States"
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At Liberty to Die
Over the past hundred years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was 47 years, with a majority of American deaths attributed to influenza, tuberculosis, pneumonia, or other diseases. In 2000, the average life expectancy was nearly 80 years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig's disease, AIDS, or other fatal illnesses, and with them, came debilitating pain and the loss of a once-full and often independent lifestyle. In this compelling and provocative book, noted legal scholar Howard Ball poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness? At Liberty to Die charts how, the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life. Exploring both the legal rulings and the media frenzies that accompanied the Terry Schiavo case and others like it, Howard Ball contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance. Combining constitutional analysis, legal history, and current events, Ball surveys the constitutional arguments that have driven the right to die debate.
eBook
The future of assisted suicide and euthanasia (New forum books)
The Future of Assisted Suicide and Euthanasia provides the most thorough overview of the ethical and legal issues raised by assisted suicide and euthanasia--as well as the most comprehensive argument against their legalization--ever published. In clear terms accessible to the general reader, Neil Gorsuch thoroughly assesses the strengths and weaknesses of leading contemporary ethical arguments for assisted suicide and euthanasia. He explores evidence and case histories from the Netherlands and Oregon, where the practices have been legalized. He analyzes libertarian and autonomy-based arguments for legalization as well as the impact of key U.S. Supreme Court decisions on the debate. And he examines the history and evolution of laws and attitudes regarding assisted suicide and euthanasia in American society.
eBook
The Law of Life and Death
Are you alive? Most people believe that some law defines our status as living (or not) for all purposes. But Foley shows that “not being dead\" isn’t necessarily the same as being alive, in the eyes of the law. The need for more organ transplants and conservation of health care resources is exerting pressure to expand the legal definition of death.
eBook
The modern art of dying
How we die reveals much about how we live. In this provocative book, Shai Lavi traces the history of euthanasia in the United States to show how changing attitudes toward death reflect new and troubling ways of experiencing pain, hope, and freedom.
Lavi begins with the historical meaning of euthanasia as signifying an \"easeful death.\" Over time, he shows, the term came to mean a death blessed by the grace of God, and later, medical hastening of death. Lavi illustrates these changes with compelling accounts of changes at the deathbed. He takes us from early nineteenth-century deathbeds governed by religion through the medicalization of death with the physician presiding over the deathbed, to the legalization of physician-assisted suicide.
Unlike previous books, which have focused on law and technique as explanations for the rise of euthanasia, this book asks why law and technique have come to play such a central role in the way we die. What is at stake in the modern way of dying is not human progress, but rather a fundamental change in the way we experience life in the face of death, Lavi argues. In attempting to gain control over death, he maintains, we may unintentionally have ceded control to policy makers and bio-scientific enterprises.
eBook
Euthanasia, Ethics and Public Policy
Whether the law should permit voluntary euthanasia or physician-assisted suicide is one of the most vital questions facing all modern societies. Internationally, the main obstacle to legalisation has proved to be the objection that, even if they were morally acceptable in certain 'hard cases', voluntary euthanasia and physician-assisted suicide could not be effectively controlled; society would slide down a 'slippery slope' to the killing of patients who did not make a free and informed request, or for whom palliative care would have offered an alternative. How cogent is this objection? This book provides the general reader (who need have no expertise in philosophy, law or medicine) with a lucid introduction to this central question in the debate, not least by reviewing the Dutch euthanasia experience. It will interest all in any country whether currently for or against legalisation, who wish to ensure that their opinions are better informed.
eBook
The origins of criminal law
Laws against wrongdoing may originate in justice intuitions that are part of universal human nature, according to the adaptationist theory of the origins of criminal law. This theory proposes that laws can be traced to neurocognitive mechanisms and ancestral selection pressures. According to this theory, laypeople can intuitively recreate the laws of familiar and unfamiliar cultures, even when they lack the relevant explicit knowledge. Here, to evaluate this prediction, we conduct experiments with Chinese and Sumerian laws that are millennia old; stimuli that preserve in fossil-like form the legal thinking of ancient lawmakers. We show that laypeople’s justice intuitions closely match the logic and content of those archaic laws. We also show covariation across different types of justice intuitions: interpersonal devaluation of offenders, judgements of moral wrongness, mock-legislated punishments and perpetrator shame—suggesting that multiple justice intuitions may be regulated by a common social-evaluative psychology. Although alternative explanations of these findings are possible, we argue that they are consistent with the assumption that the origin of criminal law is a cognitively sophisticated human nature.
Sznycer and Patrick show that laypeople can intuitively recreate core aspects of criminal laws drawn from ancient, culturally foreign legal codes and argue that this is consistent with the theory that criminal laws originate in the human brain.
Journal Article
Is There a Logical Slippery Slope from Voluntary to Nonvoluntary Euthanasia?
John Keown has constructed a logical slippery slope argument from voluntary euthanasia (VAE) to nonvoluntary euthanasia (NVAE). VAE if justified implies that death can be of overall benefit, in which case it should also be facilitated in those who cannot consent (NVAE). Hallvard Lillehammer asserts that Keown's argument rests on a fallacy. However, pace Lillehammer, it can be restated to escape this fallacy. Its validity is confirmed by applying to VAE some well-established general principles of medical decision making. Thus, either VAE and NVAE must be accepted together or, if NVAE is regarded as unacceptable, VAE should also be rejected.
Journal Article