Voluntary Euthanasia and the Common Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 28 September 2000
- ISBN 9780198298687
- Binding Paperback
- No. of pages650 pages
- Size 234x157x31 mm
- Weight 889 g
- Language English 0
Categories
Short description:
Voluntary Euthanasia investigates the complex and controversial issue of active voluntary euthanasia, presenting the legal position in a clear, comprehensive fashion. It critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions and looks at the situation in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands where active voluntary euthanasia is now openly practised.
MoreLong description:
Margaret Otlowski tackles the complex and controversial issue of active voluntary euthanasia and argues convincingly for a reform of the criminal law prohibition in common law jurisdictions. Otlowski critically examines the strict legal situation on euthanasia, which treats medically assisted dying as murder, and contrasts it with the position in practice. By highlighting the leniency shown to the few doctors who have actually been prosecuted for assisting their patients to die, she points to the discrepancy between the law and medical practice and argues for reform. The many arguments raised in the euthanasia debate are considered, as are steps taken towards reform in the UK, USA, Canada, and the Netherlands (where active euthanasia in now openly practised).
Otlowski's command and manipulation of her sources, from the common law to the moral plane, across the deserts of causation and intention, and through the swamps of public policy, are a delight to read ... Otlowski's clear and consistent argument is that non-legalized, active voluntary euthanasia does more harm than would its legalized cousin. Her style is elegant, yet thoughtful and judicious. This book is a remarkable achievement; an invaluable contribution to an old debate where too frequently fiction takes the place of fact, where fable does the work of narrative, and where demons and panics abound and the stylistically straightforward is surrendered to the sesquipedalian. Into such a fabulous world the refreshing breeze of measured argument and analysis is always a welcome visitor, whether you like the nature of their calling card or not.
Table of Contents:
Introduction
Preface
Euthanasia Under the Criminal Law
Suicide and Assisted Suicide
The Position in Practice: Doctors' Practices and the Law Applied
The Euthanasia Debate
The Changing Climate For Reform
Moves Towards Reform
The Netherlands
Options for Reform
Appendix: Rights of the Terminally Ill Act 1996
Bibliography
Index
