
The Future of Assisted Suicide & Euthanasia in America
by Gorsuch, Neil M.Rent Textbook
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Summary
Table of Contents
Acknowledgments | p. xi |
Introduction | p. 1 |
The Glucksberg and Quill Controversies: The Judiciary's (Non)Resolution of the Assisted Suicide Debate | p. 8 |
The Washington Due Process Litigation | p. 8 |
The New York Equal Protection Litigation | p. 11 |
The Final Battle? The Supreme Court Does (and Does Not) Decide | p. 14 |
The Aftermath of Glucksberg and Quill | p. 17 |
The Debate over History | p. 19 |
Which History? | p. 20 |
The Project | p. 22 |
The Ancients | p. 22 |
Early Christian History | p. 25 |
English Common Law | p. 28 |
Colonial American Experience | p. 29 |
The Modern Consensus on Suicide and Its Assistance | p. 30 |
The Euthanasia Movement | p. 33 |
Prevailing Law Today | p. 43 |
Conclusion | p. 46 |
Arguments from Fairness and Equal Protection: If a Right to Refuse, Then a Right to Assisted Suicide? | p. 48 |
An Act/Omission Distinction? | p. 49 |
A Causation-Based Distinction? | p. 51 |
Toward an Intent-Based Distinction: The Insight of the Double Effect Principle | p. 53 |
Some (Initial) Arguments against Double Effect: Conflating Intent and Foresight | p. 57 |
Distinguishing Suicide, Assisted Suicide, and Euthanasia from the Right to Refuse: Intending versus Foreseeing Death | p. 62 |
Some (Additional) Criticisms of Double Effect as Applied to the Assisted Suicide Debate | p. 69 |
Conclusion | p. 75 |
Casey and Cruzan: Do They Intimate a Right to Assisted Suicide and Euthanasia? | p. 76 |
The "Reasoned Judgment" Test and Its Critics | p. 76 |
Casey-Based Arguments | p. 79 |
Cruzan-Based Arguments | p. 82 |
Conclusion | p. 84 |
Autonomy Theory's Implications for the Debate over Assisted Suicide and Euthanasia | p. 86 |
The Autonomy Debate | p. 86 |
The Neutralist View of Autonomy | p. 87 |
The Harm Principle's Competing View | p. 89 |
Perfectionism and Autonomy | p. 90 |
The Implications of Autonomy Theory for the Assisted Suicide and Euthanasia Debate | p. 93 |
Legalization and the Law of Unintended Consequences: Utilitarian Arguments for Legalization | p. 102 |
The Dutch Experience: "Virtually Abuse-Free"? | p. 103 |
The Oregon Experience: An "All-Too Conscientious" Statutory Regime? | p. 115 |
Legalization and Other Unintended Consequences | p. 125 |
Decriminalization as a "Costless" Enterprise? | p. 132 |
How to "Balance" the Costs and Benefits of Legalization? | p. 138 |
Conclusion | p. 141 |
Two Test Cases: Posner and Epstein | p. 143 |
Posner's Utilitarian Case for Assisted Suicide | p. 143 |
Posner's and Epstein's Libertarian Case for Assisted Suicide | p. 152 |
An Argument against Legalization | p. 157 |
The Inviolability of Human Life | p. 157 |
What Does It Mean to Respect Human Life as a Basic Good? | p. 163 |
Some Objections | p. 167 |
The Future of the Oregon Experiment? | p. 176 |
Toward a Consistent End-of-Life Ethic: The "Right to Refuse" Care for Competent and Incompetent Patients | p. 181 |
The Inviolability of Life and the "Right to Refuse" for Competent Persons | p. 182 |
The "Right to Refuse" and Infant Patients | p. 191 |
The "Right to Refuse" and Incompetent Adult Patients | p. 204 |
Conclusions | p. 215 |
Epilogue | p. 219 |
Certain American Statutory Laws Banning or Disapproving of Assisted Suicide | p. 227 |
Statistical Calculations | p. 229 |
Notes | p. 231 |
Bibliography | p. 285 |
Index | p. 303 |
Table of Contents provided by Ingram. All Rights Reserved. |
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