scholarly journals The Moral Case for the Legislation of Voluntary Euthanasia

1998 ◽  
Vol 28 (1) ◽  
pp. 207 ◽  
Author(s):  
Graham Oddie

If a person is suffering from some illness or disability and wishes to end their We the lawought to facilitate rather than frustrate that choice argues Graham Oddie in this article. Hepoints out the inconsistencies in current medical practice, and the gross disparity between the practice and the letter of the law. In dismissing many of the commonly raised objections to calls for reform of the law permitting euthanasia he makes a strong case for consistency in our approach to the right to die and patient autonomy.

Obiter ◽  
2021 ◽  
Vol 31 (2) ◽  
Author(s):  
Suhayfa Bhamjee

This article examines the question of whether the right to life encompasses the right to die with dignity. It looks at the concepts of autonomy and paternalism as they exist as major themes on either side of the debate. Physician Assisted Suicide (Voluntary Euthanasia) has come under the spotlight in several jurisdictions, not just our own. Most recently in Montana, USA, the issue came before the Supreme Court for deliberation. The states of Washington and Oregon have legislations specific to PAS, legitimizing assisted suicide and removing wrongfulness from the actions of a physician who assists in the prescribed manner. Montana does not have specific legislation, but instead relied on the clauses of its Constitution, and it was held that the right to die with dignity is constitutionally guaranteed in that state. Here, argument is made suggesting that the right to die with dignity, in other words, to seek and easy passing through PAS, is also guaranteed in our Constitution.


Author(s):  
Julian Savulescu ◽  
Dominic Wilkinson

This chapter discusses consequentialism. There are two broad schools of ethical theory: consequentialism and non-consequentialism. According to consequentialism, the right act is that act which has the best consequences. According to non-consequentialism, the rightness of an action is not solely determined by its consequences. The most famous version of non-consequentialism is deontology, which holds that an individual has an absolute duty to obey certain rules. Medical law exists at the intersection between consequentialism and deontology. Much of medical law is consequentialist in nature. However, having evolved from a set of Christian values and principles, it retains certain deontological characteristics. In particular, it retains a commitment in many jurisdictions to the Sanctity of Life Doctrine, though this is being shed or modified as assisted dying becomes legalized. The chapter finishes with a description of some examples of the influence of consequentialism over current medical law.


2019 ◽  
Vol 87 (3) ◽  
pp. 159-160
Author(s):  
Sayantan Bhattacharya ◽  
Chamindri Weerasinghe ◽  
Iftikhar Khan ◽  
Milind Shrotri

1976 ◽  
Vol 46 (2) ◽  
pp. 323-334 ◽  
Author(s):  
Jonathan Sandoval ◽  
Nadine M. Lambert ◽  
Wilson Yandell

2020 ◽  
Author(s):  
Helen Lindenberg

A lot of intersexual children undergo gender reassignment surgery to achieve clear classification as being either male or female. In this work, the current medical practice in this regard is examined in terms of its compatibility with German law. The study focuses on informed consent regarding such medical treatment. Furthermore, a comparative analysis of the legal systems in Germany, Austria and Switzerland aims to analyse whether certain regulations concerning the different forms of consent in this respect should be incorporated into the German legal system. All in all, the work pursues a legal policy objective, and develops and evaluates different approaches to improving the situation of intersexual individuals beyond surgical treatment.


2020 ◽  
Vol 8 (1) ◽  
pp. 1-14
Author(s):  
Moni Wekesa ◽  
Martin Awori

The general position of the law on euthanasia worldwide is that all states recognise their duty to preserve life. Courts in various jurisdictions have refused to interpret the 'right to life' or the 'right to dignity' to also include the 'right to die'. Instead, they have held that the state has a duty to protect life. Three categories can however be noted. At one extreme are those countries that have totally criminalised any appearance of euthanasia. In the middle are countries that prohibit what appears to be active euthanasia while at the same time tolerating 'dual-effect' treatment and withdrawal of artificial feeding. At the other extreme are countries that allow euthanasia. Even in this last category of countries, there are stringent guidelines embedded in the law to prevent a situation of 'free for all'. Anecdotal evidence, some empirical studies and case law seem to suggest that euthanasia goes on in many countries irrespective of the law. Euthanasia is a criminal offence in Kenya. However, there have been no empirical studies to ascertain whether euthanasia goes on in spite of the law. This article surveys the current state of the practice of euthanasia globally and narrows down to elaborate on the state of affairs in Kenya.


2016 ◽  
Vol 49 (4) ◽  
pp. 601-625 ◽  
Author(s):  
CLAIRE L. JONES

AbstractFrom the late nineteenth century onwards there emerged an increasingly diverse response to escalating patenting activity. Inventors were generally supportive of legislation that made patenting more accessible, while others, especially manufacturers, saw patenting culture as an impediment. The medical profession claimed that patenting represented ‘a barrier to medical treatment’ and was thus detrimental to the nation's health, yet, as I argue, the profession's development of strict codes of conduct forbidding practitioners from patenting resulted in rebellion from some members, who increasingly sought protection for their inventions. Such polarized opinions within the medical trade continue to affect current medical practice today.


2016 ◽  
Vol 23 (1) ◽  
pp. 5-7 ◽  
Author(s):  
Kieran Murphy ◽  
Adam Thakore ◽  
Marie Constance Lacasse ◽  
Danyal Z Khan

In our current medical practice, an increasing number of specialists now have access to radiology technical platforms in order to perform imaging-guided procedures. Although knowledge about the current guidelines and radiation protection devices is a pre-requisite for the use of radiation, the preventive measures are often more or less strictly followed, leading to chronic daily exposure to significant doses of radiation and large accumulated lifetime exposures. Aortic intervention, electrophysiology, and neuro intervention in particular can result in large doses to the operators. Interventionalists might try to rationalize their dismissal of the exposure risks with various excuses: they don’t know where they left their badges (even though, guiltily, they would readily admit it is good practice to always wear them), the estimated short duration of the procedure, significant muscular strain and spasm caused by the heaviness of lead aprons, decreased dexterity with lead gloves, or discomfort in wearing lead protective glasses. But their dismissive attitude is most likely due to the inherent inability to feel threatened by something they cannot see or feel, a commitment to the patient at all cost, and a culture of bravado that reinforces their behavior.


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