A Companion to Bioethics
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A History of the Law of Assisted Dying in the United States
SMU Law Review Volume 73 Issue 1 Article 8 2020 A History of the Law of Assisted Dying in the United States Alan Meisel University of Pittsburgh, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Health Law and Policy Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Alan Meisel, A History of the Law of Assisted Dying in the United States, 73 SMU L. REV. 119 (2020) https://scholar.smu.edu/smulr/vol73/iss1/8 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. A HISTORY OF THE LAW O F ASSISTED DYING IN THE UNITED STATES Alan Meisel* TABLE OF CONTENTS I. INTRODUCTION ........................................ 120 II. TERMINOLOGY ........................................ 120 III. HISTORY OF THE LAW OF CRIMINAL HOMICIDE . 123 A. THE LAW S O F SUICIDE AND ATTEMPTED SUICIDE ..... 124 B. THE LAW O F ASSISTED SUICIDE ....................... 125 IV. THE MODERN AMERICAN LAWS OF HOMICIDE, SUICIDE, ATTEMPTED SUICIDE, AND ASSISTED SUICIDE ................................................. 125 V. EUTHANASIA AND ASSISTED SUICIDE FOR THE TERMINALLY ILL ...................................... 127 A. NINETEENTH AND EARLY TWENTIETH CENTURY ...... 127 B. THE RENEWAL OF THE DEBATE, POST-WORLD WAR II ............................................... 129 C. THE EFFECT OF MEDICAL TECHNOLOGY AND THE “RIGHT TO DIE” ...................................... 130 D. THE “RIGHT TO DIE” AS A TRANSITIONAL STAGE TO ACTIVELY HASTENING DEATH ........................ 132 VI. THE GULF BETWEEN THEORY AND PRACTICE . 135 A. PROSECUTION OF LAY PEOPLE ....................... -
The Constitutional Status of Morals Legislation
Kentucky Law Journal Volume 98 | Issue 1 Article 2 2009 The onsC titutional Status of Morals Legislation John Lawrence Hill Indiana University-Indianapolis Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Constitutional Law Commons, and the Law and Society Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Hill, John Lawrence (2009) "The onC stitutional Status of Morals Legislation," Kentucky Law Journal: Vol. 98 : Iss. 1 , Article 2. Available at: https://uknowledge.uky.edu/klj/vol98/iss1/2 This Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. TKenf]iky Law Jornal VOLUME 98 2009-2010 NUMBER I ARTICLES The Constitutional Status of Morals Legislation John Lawrence Hiff TABLE OF CONTENTS INTRODUCTION I. MORALS LEGISLATION AND THE HARM PRINCIPLE A. Some Difficulties with the Concept of "MoralsLegislation" B. The Near Irrelevance of the PhilosophicDebate C. The Concept of "Harm" II. DEFINING THE SCOPE OF THE PRIVACY RIGHT IN THE CONTEXT OF MORALS LEGISLATION III. MORALS LEGISLATION AND THE PROBLEMS OF RATIONAL BASIS REVIEW A. The 'RationalRelation' Test in Context B. The Concept of a Legitimate State Interest IV. MORALITY AS A LEGITIMATE STATE INTEREST: FIVE TYPES OF MORAL PURPOSE A. The Secondary or IndirectPublic Effects of PrivateActivity B. Offensive Conduct C. Preventingthe Corruptionof Moral Character D. ProtectingEssential Values andSocial Institutions E. -
The Nordic Countries and the European Security and Defence Policy
bailes_hb.qxd 21/3/06 2:14 pm Page 1 Alyson J. K. Bailes (United Kingdom) is A special feature of Europe’s Nordic region the Director of SIPRI. She has served in the is that only one of its states has joined both British Diplomatic Service, most recently as the European Union and NATO. Nordic British Ambassador to Finland. She spent countries also share a certain distrust of several periods on detachment outside the B Recent and forthcoming SIPRI books from Oxford University Press A approaches to security that rely too much service, including two academic sabbaticals, A N on force or that may disrupt the logic and I a two-year period with the British Ministry of D SIPRI Yearbook 2005: L liberties of civil society. Impacting on this Defence, and assignments to the European E Armaments, Disarmament and International Security S environment, the EU’s decision in 1999 to S Union and the Western European Union. U THE NORDIC develop its own military capacities for crisis , She has published extensively in international N Budgeting for the Military Sector in Africa: H management—taken together with other journals on politico-military affairs, European D The Processes and Mechanisms of Control E integration and Central European affairs as E ongoing shifts in Western security agendas Edited by Wuyi Omitoogun and Eboe Hutchful R L and in USA–Europe relations—has created well as on Chinese foreign policy. Her most O I COUNTRIES AND U complex challenges for Nordic policy recent SIPRI publication is The European Europe and Iran: Perspectives on Non-proliferation L S Security Strategy: An Evolutionary History, Edited by Shannon N. -
Euthanasia: a Review on Worldwide Legal Status and Public Opinion
Euthanasia: a review on worldwide legal status and public opinion a b Garima Jain∗ , Sanjeev P. Sahni∗ aJindal Institute of Behavioural Sciences, O.P. Jindal Global University, India bJindal Institute of Behavioural Sciences, O.P. Jindal Global University, India Abstract The moral and ethical justifiability of euthanasia has been a highly contentious issue. It is a complex concept that has been highly discussed by scholars all around the world for decades. Debates concerning euthanasia have become more frequent during the past two decades. The fact that polls show strong public support has been used in legislative debates to justify that euthanasia should be legalised. However, critics have questioned the validity of these polls. Nonetheless, the general perceptions about life are shifting from a ‘quantity of life’ to a ‘quality of life approach’, and from a paternalist approach to that of the patient’s autonomy. A ‘good death’ is now being connected to choice and control over the time, manner and place of death. All these developments have shaped discussion regarding rights of the terminally ill to refuse or discontinue life- sustaining efforts or to even ask for actively ending their life. Key words: euthanasia, ethics, public opinion, law. 1. Background The moral and ethical justifiability of euthanasia has been a highly contentious issue. It is a complex concept that has been highly discussed by scholars all around the world for decades. One of the earliest definitions of euthanasia, by Kohl and Kurtz, states it as “a mode or act of inducing or permitting death painlessly as a relief from suffering” (Beauchamp & Davidson, 1979: 295). -
Public Health Ethics: Cases Spanning the Globe (Pp
King’s Research Portal DOI: 10.1007/978-3-319-23847-0 Document Version Publisher's PDF, also known as Version of record Link to publication record in King's Research Portal Citation for published version (APA): Johansson Blight, K. B. (2016). Can asylum be managed ethically? In Public Health Ethics: Cases Spanning the Globe (pp. 230-233). (Public Health Ethics Analysis; No. 3). Springer. https://doi.org/10.1007/978-3-319-23847-0 Citing this paper Please note that where the full-text provided on King's Research Portal is the Author Accepted Manuscript or Post-Print version this may differ from the final Published version. If citing, it is advised that you check and use the publisher's definitive version for pagination, volume/issue, and date of publication details. And where the final published version is provided on the Research Portal, if citing you are again advised to check the publisher's website for any subsequent corrections. General rights Copyright and moral rights for the publications made accessible in the Research Portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognize and abide by the legal requirements associated with these rights. •Users may download and print one copy of any publication from the Research Portal for the purpose of private study or research. •You may not further distribute the material or use it for any profit-making activity or commercial gain •You may freely distribute the URL identifying the publication in the Research Portal Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. -
Government Enforcement of Morality : a Critical Analysis of the Devlin-Hart Controversy. Peter August Bittlinger University of Massachusetts Amherst
University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations 1896 - February 2014 1-1-1975 Government enforcement of morality : a critical analysis of the Devlin-Hart controversy. Peter August Bittlinger University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_1 Recommended Citation Bittlinger, Peter August, "Government enforcement of morality : a critical analysis of the Devlin-Hart controversy." (1975). Doctoral Dissertations 1896 - February 2014. 1909. https://scholarworks.umass.edu/dissertations_1/1909 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations 1896 - February 2014 by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. GOVERNMENT ENFORCEMENT OF MORALITY A CRITICAL ANALYSIS OF THE DEVLIN-HART CONTROVERSY A Dissertation Presented By PETER AUGUST BITTLINGER Submitted to the Graduate School of the University of Massachusetts in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 1975 Political Science Peter August Bittlinger I976 All Rights Reserved GOVERNMENT ENFORCEMENT OF MORALITY A CRITICAL ANALYSIS OF THE DEVLIN-HART CONTROVERSY A Dissertation Presented By PETER AUGUST BITTLINGER Approved as to style and content by: Felix E. Grppenheim, Chairman •Loren P. Beth, Member Lawrence Foster, Member ( /^IA Loren P. Beth, Head -
Moral Implications of Darwinian Evolution for Human Reference
Andrews University Digital Commons @ Andrews University Dissertations Graduate Research 2006 Moral Implications of Darwinian Evolution for Human Reference Based in Christian Ethics: a Critical Analysis and Response to the "Moral Individualism" of James Rachels Stephen Bauer Andrews University Follow this and additional works at: https://digitalcommons.andrews.edu/dissertations Part of the Christianity Commons, Ethics in Religion Commons, Evolution Commons, and the Religious Thought, Theology and Philosophy of Religion Commons Recommended Citation Bauer, Stephen, "Moral Implications of Darwinian Evolution for Human Reference Based in Christian Ethics: a Critical Analysis and Response to the "Moral Individualism" of James Rachels" (2006). Dissertations. 16. https://digitalcommons.andrews.edu/dissertations/16 This Dissertation is brought to you for free and open access by the Graduate Research at Digital Commons @ Andrews University. It has been accepted for inclusion in Dissertations by an authorized administrator of Digital Commons @ Andrews University. For more information, please contact [email protected]. Thank you for your interest in the Andrews University Digital Library of Dissertations and Theses. Please honor the copyright of this document by not duplicating or distributing additional copies in any form without the author’s express written permission. Thanks for your cooperation. Andrews University Seventh-day Adventist Theological Seminary MORAL IMPLICATIONS OF DARWINIAN EVOLUTION FOR HUMAN PREFERENCE BASED IN CHRISTIAN ETHICS: A CRITICAL ANALYSIS AND RESPONSE TO THE “MORAL INDIVIDUALISM” OF JAMES RACHELS A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy by Stephen Bauer November 2006 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number: 3248152 Copyright 2006 by Bauer, Stephen All rights reserved. -
Vegetarianism and Virtue: Does Consequentialism Demand Too Little?
WellBeing International WBI Studies Repository 1-2002 Vegetarianism and Virtue: Does Consequentialism Demand Too Little? Nathan Nobis University of Rochester Follow this and additional works at: https://www.wellbeingintlstudiesrepository.org/acwp_aafhh Part of the Animal Studies Commons, Other Anthropology Commons, and the Other Nutrition Commons Recommended Citation Nobis, N. (2002). Vegetarianism and Virtue: Does consequentialism Demand Too Little?. Social Theory & Practice, 28(1), 135-156. This material is brought to you for free and open access by WellBeing International. It has been accepted for inclusion by an authorized administrator of the WBI Studies Repository. For more information, please contact [email protected]. Vegetarianism and Virtue: Does Consequentialism Demand Too Little? Nathan Nobis Department of Philosophy, University of Rochester I will argue that each of us personally ought to be a vegetarian.1 Actually, the conclusion I will attempt to defend concerns more than one's eating habits in that I will argue that we should be "vegans." Not only should we not buy and eat meat, but we should also not purchase fur coats, stoles, and hats, or leather shoes, belts, jackets, purses and wallets, furniture, car interiors, and other traditionally animal-based products for which there are readily available plant-based or synthetic alternatives. (Usually these are cheaper and work just as well, or better, anyway.) I will argue that buying and eating most eggs and dairy products are immoral as well. (Since it's much easier -
Transcript(PDF 68.39
TRANSCRIPT STANDING COMMITTEE ON LEGAL AND SOCIAL ISSUES Inquiry into end-of-life choices Melbourne — 19 August 2015 Members Mr Edward O’Donohue — Chair Mr Daniel Mulino Ms Nina Springle — Deputy Chair Ms Fiona Patten Ms Margaret Fitzherbert Mrs Inga Peulich Mr Cesar Melhem Ms Jaclyn Symes Participating Members Mr Gordon Rich-Phillips Staff Secretary: Ms Lilian Topic Research assistants: Ms Annemarie Burt and Ms Kim Martinow Witness Professor Julian Savulescu. 19 August 2015 Standing Committee on Legal and Social Issues 1 The CHAIR — I declare open the Legislative Council’s legal and social issues committee public hearing in relation to the inquiry into end-of-life choices. I welcome Professor Julian Savulescu, the Uehiro chair in practical ethics; director, Oxford Uehiro Centre for Practical Ethics; director, Oxford Centre for Neuroethics; Sir Louis Matheson distinguished visiting professor, Monash University; doctoris honoris causa, University of Bucharest. Professor, we are very pleased you could join us tonight. Before we start I caution that all evidence taken at this hearing is protected by parliamentary privilege as provided by the Constitution Act 1975 and further subject to the provisions of the Legislative Council’s standing orders. Therefore you are protected against any action for what you say here today, but any comments made outside the hearing are not afforded such privilege. Today’s evidence is being recorded. You will be provided with proof versions of the transcript within the next week. Transcripts will ultimately be made public and posted on the committee’s website. We have allowed an hour for our session tonight, so I invite you to make some opening remarks and an opening statement, and thereafter the committee will have questions. -
On Williamson and Simplicity in Modal Logic∗ Theodore Sider Canadian Journal of Philosophy 46 (2016): 683–98
On Williamson and Simplicity in Modal Logic∗ Theodore Sider Canadian Journal of Philosophy 46 (2016): 683–98 According to Timothy Williamson, we should accept the simplest and most powerful second-order modal logic, and as a result accept an ontology of “bare possibilia”. This general method for extracting ontology from logic is salutary, but its application in this case depends on a questionable assumption: that modality is a fundamental feature of the world. 1. Necessitism The central thesis of Williamson’s wonderful book Modal Logic as Metaphysics is “Necessitism”. Put roughly and vividly, Necessitism says that everything neces- sarily exists. Williamson himself avoids the predicate ‘exists’, and formulates the view thus: Necessitism x2 y y = x (“Everything necessarily is something”) 8 9 Williamson’s scruples about ‘exists’ are reasonable but sometimes require tor- tured prose, so, choosing beauty over function, I will use the E-word. (But let it be understood that by “x exists” I just mean that x is identical to something— with quanti ers “wide open”.) The considerations favoring Necessitism also lead Williamson to accept the Barcan schema (as well as its converse): Barcan schema 3 xA x3A 9 ! 9 So if there could have been a child of Wittgenstein, then there in fact exists something that could have been a child of Wittgenstein. This thing that could have been a child of Wittgenstein: what is it like? What are its properties? Well, it has the modal property of possibly being a child of Wittgenstein. And logic demands that it have certain further properties, such as the property of being self-identical, the property of being green if it is green, and so forth. -
Shetland and Orkney Island-Names – a Dynamic Group Peder Gammeltoft
Shetland and Orkney Island-Names – A Dynamic Group Peder Gammeltoft 1. Introduction Only when living on an island does it become clear how important it is to know one‟s environment in detail. This is no less true for Orkney and Shetland. Being situated in the middle of the North Atlantic, two archipelagos whose land-mass consist solely of islands, holms and skerries, it goes without saying that such features are central, not only to local life and perception, but also to travellers from afar seeking shelter and safe passage. Island, holms and skerries appear to be fixed points in an ever changing watery environment – they appear to be constant and unchanging – also with regard to their names. And indeed, several Scandinavian researchers have claimed that the names of islands constitute a body of names which, by virtue of constant usage and relevance over time, belong among the oldest layers of names (cf. e.g. Hald 1971: 74-75; Hovda 1971: 124-148). Archaeological remains on Shetland and Orkney bear witness to an occupation of these archipelagos spanning thousands of years, so there can be little doubt that these areas have been under continuous utilisation by human beings for a long time, quite a bit longer, in fact, than our linguistic knowledge can take us back into the history of these isles. So, there is nothing which prevents us from assuming that names of islands, holms and skerries may also here carry some of the oldest place-names to be found in the archipelagos. Since island-names are often descriptive in one way or another of the locality bearing the name, island-names should be able to provide an insight into the lives, strategies and needs of the people who eked out an existence in bygone days in Shetland and Orkney. -
A Companion to the Philosophy of Language
A COMPANION TO THE PHILOSOPHY OF LANGUAGE SECOND EDITION Volume I Edited by Bob Hale, Crispin Wright, and Alexander Miller This second edition first published 2017 © 2017 John Wiley & Sons Ltd Edition history: Blackwell Publishing Ltd. (1e, 1997) Registered Office John Wiley & Sons Ltd, The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK Editorial Offices 350 Main Street, Malden, MA 02148‐5020, USA 9600 Garsington Road, Oxford, OX4 2DQ, UK The Atrium, Southern Gate, Chichester, West Sussex, PO19 8SQ, UK For details of our global editorial offices, for customer services, and for information about how to apply for permission to reuse the copyright material in this book please see our website at www.wiley.com/wiley‐blackwell. The right of Bob Hale, Crispin Wright, and Alexander Miller to be identified as the authors of the editorial material in this work has been asserted in accordance with the UK Copyright, Designs and Patents Act 1988. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, except as permitted by the UK Copyright, Designs and Patents Act 1988, without the prior permission of the publisher. Wiley also publishes its books in a variety of electronic formats. Some content that appears in print may not be available in electronic books. Designations used by companies to distinguish their products are often claimed as trademarks. All brand names and product names used in this book are trade names, service marks, trademarks, or registered trademarks of their respective owners.