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Assisted Dying and Legal Change

Assisted Dying and Legal Change

Author: Penny Lewis
Publisher: Oxford University Press
ISBN: 9780199212873
Published In: March 2007
Format: Hardback , 256 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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A unique comparative study of the regulation of euthanasia and assisted suicide, including coverage of the legal regimes in the UK, USA, Canada, The Netherlands, Belgium, Australia and France
Offers an original argument for a more subtle understanding of the impact of the particular legal justification for assisted dying
Examines the failure of recent cases arguing for the legality of euthanasia under human rights law

The question of whether euthanasia and assisted suicide should be legalized is often treated, by judges and commentators alike, as a universal, ethical question, transcending national boundaries and diverse legal systems. By thinking of the issue in this way, the important context in which individual jurisdictions make decisions about assisted dying and the significance of the legal methods chosen to carry out those decisions is often lost.

This book examines the impact of the choice of diverse legal routes towards legalization on the subsequent assisted dying regimes in operation. This examination suggests that greater caution is needed before relying on the experience of one jurisdiction when discussing proposals for regulation of assisted dying in others. The book seeks to demonstrate the need to explore the legal environment in which assisted dying is performed or proposed in order to evaluate the relevance of a particular legal experience to other jurisdictions.

The book begins with an examination of the unsuccessful attempts to use constitutionally entrenched human rights claims to challenge criminal prohibitions on assisted suicide which reached the highest courts in the United States, Canada and Europe. Their failure makes legalization through a rights-based claim unlikely in any major common law or European jurisdiction. Alternative routes towards legalization are then discussed, including the defence of necessity, by which euthanasia was effectively legalized in the Netherlands and an approach based on compassion which has been proposed in France, as well as the legislative approaches which have been taken in Oregon, Belgium and the Northern Territory of Australia. All of these approaches are compared in detail, with particular attention paid to the effectiveness and transferability of the ubiquitous slippery slope arguments

Readership: Academic lawyers in the fields of medical law, health law, bioethics and law, criminal law and human rights law; academic philosophers, bioethicists, medical ethicists with an interest in end of life issues; judges and legislators working on issues related to assisted dying; members of pro or anti-euthanasia groups

1: Introduction
2: Rights to Assisted Dying
3: The Effects of Rights
4: Duties and Necessity
5: Compassion
6: Comparing the Mechanisms of Legal Change
7: The Slippery Slope

Penney Lewis, Reader in Law, Centre of Medical Law and Ethics, King's College London, as of September 2007, Professor of Law, King's College London

"...a fresh approach...this book is likely to have broad appeal, across disciplines and across borders. It is a well composed, tightly written, thoughtful work which is at the same time both analytical and searching...lays a foundation for more informed and reflective analysis of legal change in the area of assisted dying in future scholarship." - Margaret Otlowski, MEDICAL LAW REVIEW

"...This is a well argued and scholarly book that provides the reader with a clear overview of international variations in the law covering assisted dying, and a compelling argument for understanding national contexts before generalising from one nation's experience to that of another. I can recommend this book strongly to sociologists who want to understand the role played by the law in this issue... " - Clive Seale, Medical Sociology online