The Future of Assisted Suicide & Euthanasia in America

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Format: Hardcover
Pub. Date: 2006-08-21
Publisher(s): Princeton Univ Pr
List Price: $60.00

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Summary

The Future of Assisted Suicide and Euthanasiaprovides 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.After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate--the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.Those on both sides of the assisted suicide question will find Gorsuch's analysis to be a thoughtful and stimulating contribution to the debate about one of the most controversial public policy issues of our day.

Table of Contents

Acknowledgmentsp. xi
Introductionp. 1
The Glucksberg and Quill Controversies: The Judiciary's (Non)Resolution of the Assisted Suicide Debatep. 8
The Washington Due Process Litigationp. 8
The New York Equal Protection Litigationp. 11
The Final Battle? The Supreme Court Does (and Does Not) Decidep. 14
The Aftermath of Glucksberg and Quillp. 17
The Debate over Historyp. 19
Which History?p. 20
The Projectp. 22
The Ancientsp. 22
Early Christian Historyp. 25
English Common Lawp. 28
Colonial American Experiencep. 29
The Modern Consensus on Suicide and Its Assistancep. 30
The Euthanasia Movementp. 33
Prevailing Law Todayp. 43
Conclusionp. 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 Principlep. 53
Some (Initial) Arguments against Double Effect: Conflating Intent and Foresightp. 57
Distinguishing Suicide, Assisted Suicide, and Euthanasia from the Right to Refuse: Intending versus Foreseeing Deathp. 62
Some (Additional) Criticisms of Double Effect as Applied to the Assisted Suicide Debatep. 69
Conclusionp. 75
Casey and Cruzan: Do They Intimate a Right to Assisted Suicide and Euthanasia?p. 76
The "Reasoned Judgment" Test and Its Criticsp. 76
Casey-Based Argumentsp. 79
Cruzan-Based Argumentsp. 82
Conclusionp. 84
Autonomy Theory's Implications for the Debate over Assisted Suicide and Euthanasiap. 86
The Autonomy Debatep. 86
The Neutralist View of Autonomyp. 87
The Harm Principle's Competing Viewp. 89
Perfectionism and Autonomyp. 90
The Implications of Autonomy Theory for the Assisted Suicide and Euthanasia Debatep. 93
Legalization and the Law of Unintended Consequences: Utilitarian Arguments for Legalizationp. 102
The Dutch Experience: "Virtually Abuse-Free"?p. 103
The Oregon Experience: An "All-Too Conscientious" Statutory Regime?p. 115
Legalization and Other Unintended Consequencesp. 125
Decriminalization as a "Costless" Enterprise?p. 132
How to "Balance" the Costs and Benefits of Legalization?p. 138
Conclusionp. 141
Two Test Cases: Posner and Epsteinp. 143
Posner's Utilitarian Case for Assisted Suicidep. 143
Posner's and Epstein's Libertarian Case for Assisted Suicidep. 152
An Argument against Legalizationp. 157
The Inviolability of Human Lifep. 157
What Does It Mean to Respect Human Life as a Basic Good?p. 163
Some Objectionsp. 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 Patientsp. 181
The Inviolability of Life and the "Right to Refuse" for Competent Personsp. 182
The "Right to Refuse" and Infant Patientsp. 191
The "Right to Refuse" and Incompetent Adult Patientsp. 204
Conclusionsp. 215
Epiloguep. 219
Certain American Statutory Laws Banning or Disapproving of Assisted Suicidep. 227
Statistical Calculationsp. 229
Notesp. 231
Bibliographyp. 285
Indexp. 303
Table of Contents provided by Ingram. All Rights Reserved.

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