EUTHANASIA IN INTERNATIONAL COMPARATIVE PERSPECTIVE
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Regulating Advance Directives in International and Comparative Perspective
Author: Stefania Negri
Publisher: Martinus Nijhoff Publishers
By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.
Sensitive and high-profile public policy issues often benefit from being considered in comparative perspective. Here, euthanasia and the right to die are examined in the context of the social, legal, and religious settings of a wide range of countries. The authors employ public opinion data, where available, to illustrate the great disparity between approval of physician-assisted suicide and the general illegality of the practice. Ultimately, making and implementing laws to ensure a responsible right to die_as the U.S. has been struggling with in Oregon, Michigan, and elsewhere_will be informed by experiences in such places as the Netherlands, Australia, and the only country in the world where euthanasia is a clear-cut medical option: Colombia.
In this new addition to the 'Debating Law' series, Emily Jackson and John Keown re-examine the legal and ethical aspects of the euthanasia debate. Emily Jackson argues that we owe it to everyone in society to do all that we can to ensure that they experience a 'good death'. For a small minority of patients who experience intolerable and unrelievable suffering, this may mean helping them to have an assisted death. In a liberal society, where people's moral views differ, we should not force individuals to experience deaths they find intolerable. This is not an argument in favour of dying. On the contrary, Jackson argues that legalisation could extend and enhance the lives of people whose present fear of the dying process causes them overwhelming distress. John Keown argues that voluntary euthanasia and physician-assisted suicide are gravely unethical and he defends their continued prohibition by law. He analyses the main arguments for relaxation of the law - including those which invoke the experience of jurisdictions which permit these practices - and finds them wanting. Relaxing the law would, he concludes, be both wrong in principle and dangerous in practice, not least for the dying, the disabled and the disadvantaged.
Dilemnas of differential treatment in theory and practice
Author: Gideon Calder,Emanuela Ceva
Category: Political Science
From bans on religious symbols in public spaces, to the provision of abortion by doctors, recent cases across Europe have highlighted acute dilemmas about how best to respond to the claims of individuals or groups feeling that their values or beliefs are not treated fairly by the law. Diversity in Europe uses the resources of political theory alongside comparative analysis of contemporary practices in different countries (Germany, Italy, Turkey, Spain and the UK) to explore the challenges diversity poses for European democracies. Crucial throughout is whether the democratic commitment to equality entails uniformity in the law, or is compatible with saying 'yes' to some requests from citizens that they be treated differently, to accommodate their ethical, cultural and religious particularity. Such differential treatment may take several forms, e.g. group or individual rights, either to legal exemptions or to conscientious objection. Exploring these from various angles, the book gives a sense of the tools democracies need to address the challenges of diversity more generally. Making an important contribution to our understanding of the political implications of ethical, cultural and religious diversity, this book will be of interest to students and scholars of political and social philosophy, European studies, political science, social policy, applied ethics, law, and socio-legal studies.
The Netherlands is the only country in the world in which euthanasia, under narrow-defined circumstances, is legally permissible. Considerable attention has been paid over a number of years to the problem of regulating it and information has been systematically collected concerning actual practice. Therefore the Dutch experience is of interest not only to the Dutch, but to anyone who is considering wether or not to make euthanasia a legal practice. This book is written for a reader without specific knowledge of law. The central focus of the book is on Dutch law pertaining to euthanansia, but it also considers the moral and legal principles that have played a role in the Dutch debate, the available evidence bearing on actual practice and on the effectiveness of legal control. It ends with some reflections on the problem of the 'slippery slope' and the question whether the Dutch experience is 'exportable'. It includes translations of the relevant legislation (including proposed reforms) and of three leading cases.
Critical Perspectives on Nigerian and Global Health Law
Author: Dr Irehobhude O Iyioha,Dr Remigius N Nwabueze
Publisher: Ashgate Publishing, Ltd.
The collection provides a comparative analysis of relevant health policies and laws in Nigeria, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform.
This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.
Documentation, Denial, and Justice in Cambodia and East Timor
Author: Ben Kiernan
Publisher: Transaction Publishers
Category: Political Science
Two modern cases of genocide and extermination began in Southeast Asia in the same year. Pol Pot's Khmer Rouge regime ruled Cambodia from 1975 to 1979, and Indonesian forces occupied East Timor from 1975 to 1999. This book examines the horrific consequences of Cambodian communist revolution and Indonesian anti-communist counterinsurgency. It also chronicles the two cases of indigenous resistance to genocide and extermination, the international cover-ups that obstructed documentation of these crimes, and efforts to hold the perpetrators legally accountable. The perpetrator regimes inflicted casualties in similar proportions. Each caused the deaths of about one-fifth of the population of the nation. Cambodia's mortality was approximately 1.7 million, and approximately 170,000 perished in East Timor. In both cases, most of the deaths occurred in the five-year period from 1975 to1980. In addition, Cambodia and East Timor not only shared the experience of genocide but also of civil war, international intervention, and UN conflict resolution. U.S. policymakers supported the invading Indonesians in Timor, as well as the indigenous Khmer Rouge in Cambodia. Both regimes exterminated ethnic minorities, including local Chinese, as well as political dissidents. Yet the ideological fuel that ignited each conflagration was quite different. Jakarta pursued anti-communism; the Khmer Rouge were communists. In East Timor the major Indonesian goal was conquest. In Cambodia, the Khmer Rouge's goal was revolution. Maoist ideology influenced Pol Pot's regime, but it also influenced the East Timorese resistance to the Indonesia's occupiers. Genocide and Resistance in Southeast Asia is significant both for its historical documentation and for its contribution to the study of the politics and mechanisms of genocide. It is a fundamental contribution that will be read by historians, human rights activists, and genocide studies specialists.
Law, Palliative Care and Dying critically examines the role of the legal framework in shaping the boundaries of palliative care practice. The work underlines the importance of a distinct legal framework for specialist palliative care which can provide clarity for both the healthcare professional and the patient. It examines the legal and ethical justifications for specialist palliative care practices and, in doing so, it questions the legitimacy of the distinction between euthanasia and practices such as palliative sedation. Moreover, this work discusses the influence of a human rights discourse on palliative care and examines the contribution of autonomy, dignity, and the right to palliative care. This book includes detailed comparative research on several European jurisdictions. The jurisdictions illustrate varied approaches to palliative care regulation and promotion. In this manner, the role of professional guidelines and legislation are drawn out and common themes in the regulation of palliative care emerge.
The book is a collection of ten essays on legal responses to HIV/AIDS, written by scholars from five continents (Africa, Asia, Australia, Europe & America). Each essay deals with HIV/AIDS-related problems in the author's country. An effort was made to select highly-diversified countries belonging to different families of law, the countries varying in their political, ethnic, & religious backgrounds. The contributors were encouraged to explore the links between HIV/AIDS-related problems & other social issues. They were also encouraged to reflect upon the limits & effectiveness of legal measures in reducing the growth of the epidemic. Finally, the goal of the project was to find whether it is possible to achieve a proper balance between the need to protect societies from the scourge of AIDS & the need to protect the rights of those afflicted by the disease.
When it became possible to extend the dying process, it became necessary to decide when to stop doing so because of the enormous personal and social costs. But perspectives on "assisted suicide" vary greatly. Physicians see it as a medical issue, jurists as a legal issue, philosophers as a moral issue and the media as a political issue. These original essays show how these perspectives shape the ongoing debate.
Readings in Moral, Social and Political Philosophy
Author: Steven Scalet,John Arthur
Morality and Moral Controversies provides students with the tools to understand the philosophical ideas that are shaping our world today. This comprehensive anthology includes classic and contemporary readings in moral theory and the most current applied ethics debates emphasizing international concerns. Through analyzing these readings such as Supreme Court decisions, students will grasp the scope of various philosophical discussions Supreme Court justices must have. Morality and Moral Controversies challenges readers to critically assess leading controversies in moral, social, and political philosophy. Upon completing this book, readers will be able to: Understand philosophical ideas that are shaping our world today. Confront conflicts faced when given the choice of morality. Apply various philosophical ideas to politics, religion, economics, relationships, and medicine. Discuss basic philosophical arguments.
This book focuses on animal laws and animal welfare in major jurisdictions in the world, including the more developed legal regimes for animal protection of the US, UK, Australia, the EU and Israel, and the regulatory regimes still developing in China, South Africa, and Brazil. It offers in-depth analyses and discussions of topical and important issues in animal laws and animal welfare, and provides a comprehensive and comparative snapshot of some of the most important countries in the world in terms of animal population and worsening animal cruelty. Among the issues discussed are international law topics that relate to animals, including the latest WTO ruling on seal products and the EU ban, the Blackfish story and US law for cetaceans, the wildlife trafficking and crimes related to Africa and China, and historical and current animal protection laws in the UK and Australia. Bringing together the disciplines of animal law and animal welfare science as well as ethics and criminology with contributions from some of the most prominent animal welfare scientists and animal law scholars in the world, the book considers the strengths and failings of existing animal protection law in different parts of the world. In doing so it draws more attention to animal protection as a moral and legal imperative and to crimes against animals as a serious crime.
Examining Current Approaches to Suicide in Policy and Law
Author: Susan Stefan
Publisher: Oxford University Press
When should we try to prevent suicide? Should it be facilitated for some people, in some circumstances? For the last forty years, law and policy on suicide have followed two separate and distinct tracks: laws aimed at preventing suicide and, increasingly, laws aimed at facilitating it. In Rational Suicide, Irrational Laws legal scholar Susan Stefan argues that these laws co-exist because they are based on two radically disparate conceptions of the would-be suicide. This is the first book that unifies policies and laws, including constitutional law, criminal law, malpractice law, and civil commitment law, toward people who want to end their lives. Based on the author's expert understanding of mental health and legal systems, analysis of related national and international laws and policy, and surveys and interviews with more than 300 suicide-attempt survivors, doctors, lawyers, and mental health professionals, Rational Suicide, Irrational Laws exposes the counterproductive nature of current policies and laws about suicide. Stefan proposes and defends specific reforms, including increased protection of mental health professionals from liability, increased protection of suicidal people from coercive interventions, reframing medical involvement in assisted suicide, and focusing on approaches to suicidal people that help them rather than assuming suicidality is always a symptom of mental illness. Stefan compares policies and laws in different states in the U.S. and examines the policies and laws of other countries in Europe, Asia, and the Americas, including the 2015 legalization of assisted suicide in Canada. The book includes model statutes, seven in-depth studies of people whose cases presented profound ethical, legal, and policy dilemmas, and over a thousand cases interpreting rights and responsibilities relating to suicide, especially in the area of psychiatric malpractice.
Latin eugenics was a scientific, cultural and political programme designed to biologically empower modern European and American nations once commonly described as 'Latin', sharing genealogical, linguistic, religious, and cultural origins. Latin Eugenics in Comparative Perspective offers a comparative, nuanced approach to eugenics as a scientific programme as well as a cultural and political phenomenon. It examines the commonalities of eugenics in 'Latin' Europe and Latin America. As a program to achieve the social and political goals of modern welfare systems, Latin eugenics strongly influenced the complex relationship of the state to the individual. Drawing on a wide range of primary and secondary sources in many languages, this book offers the first history of Latin eugenics in Europe and the Americas.
Dignity is often denounced as hopelessly amorphous or incurably theological: as feel-good philosophical window-dressing, or as the name given to whatever principles give you the answer that you think is right. This is wrong, says Charles Foster: dignity is not only an essential principle in bioethics and law; it is really the only principle. In this ambitious, paradigm-shattering but highly readable book, he argues that dignity is the only sustainable Theory of Everything in bioethics. For most problems in contemporary bioethics, existing principles such as autonomy, beneficence, non-maleficence, justice and professional probity can do a reasonably workmanlike job if they are all allowed to contribute appropriately. But these are second order principles, each of which traces its origins back to dignity. And when one gets to the frontiers of bioethics (such as human enhancement), dignity is the only conceivable language with which to describe and analyse the strange conceptual creatures found there. Drawing on clinical, anthropological, philosophical and legal insights, Foster provides a new lexicon and grammar of that language which is essential reading for anyone wanting to travel in the outlandish territories of bioethics, and strongly recommended for anyone wanting to travel comfortably anywhere in bioethics or medical law. 'The Beauchamp-Childress medical ethic paradigm has dominated medical ethics for four decades. It never worked very well but it was teachable, flexible, and transparent. Foster gives us a better paradigm - teachable, transparent, and plausible. Better yet a paradigm - human dignity - that is likely to make us better people, better physicians, and better care givers. Foster refocuses us on what is truly common among us as a basis for dealing with the central ethical issues of health care, patient care, and death care. This is a new reconceiving of medical ethics and everyone who cares about these matters needs to get comfortable with thinking in this refreshing new way.' Stefan Baumrin, Professor of Philosophy, City University of New York, Graduate Center, and Professor of Medical Education, Mount Sinai School of Medicine, New York 'Wide-ranging and erudite, Foster's book 'Takes Dignity Seriously'. Dignity is shown to be a core value in law and bioethics, foundational, a lens through which to project hard cases. It is a rare book which finds a common thread to questions as disparate as euthanasia, sado-masochism, enhancement, cloning, abortion, refusals of medical treatment by children, and numerous other areas of controversy. But this is achieved thoughtfully, entertainingly, and persuasively, in the process throwing new light on many leading cases in the UK , USA, Germany and Israel. It is bound to provoke debate, even controversy. It will be a great assignment for university seminars.' Michael Freeman FBA, Professor of English Law, UCL 'I never had any respect for the concept of human dignity. I thought it was a motherhood concept, empty of real practical import. But Foster converted me. Foster, uniquely, goes the right way round, identifying real human problems and trying to solve them, rather than starting with philosophical problems and theories and creating a concept of dignity that fits them. This is a book for people and progress. It's the best book on dignity I know.' Julian Savulescu, Uehiro Chair of Practical Ethics, University of Oxford 'This book is the perfect antidote to the unseemly polemics that have dominated recent debates about the concept of dignity in bioethics. Foster takes the notion of dignity seriously and argues that it is indispensible to deliberations about pressing issues in bioethics such as informed consent, abortion, euthanasia, cloning, enhancement, and the use of body parts. He argues that the concept is more fundamental than our concepts of autonomy, rights, and justice, and requires us to think hard about more substantive issues such as what it means to be human and what it means to flourish as a human being. He presents an excellent overview of the current literature on dignity in bioethics, usefully collecting together in one place sources from philosophy, clinical bioethics, law, international conventions, and the blogosphere. While scholarly, it is accessibly written in lucid and lively prose. Human Dignity in Bioethics and Law is a substantial contribution that moves the debate on this contentious but important issue up to the next level.' Daniel P Sulmasy, Kilbride-Clinton Professor of Medicine and Ethics, University of Chicago 'In Human Dignity in Bioethics and Law Charles Foster sets out an argument that is provocative in its simplicity: dignity is the 'bioethical theory of everything', the value by which all bioethical disputes should be adjudicated. Drawing extensively from both philosophical and legal debates, this book makes an important contribution to a central issue facing societies in the 21st Century. It