David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medical Ethics 32 (1):34-35 (2006)
Keown’s critique of the Marty report is as flawed as the report it criticisesIn 2003, a report by the Council of Europe’s social, health and family affairs committee appeared, questioning the council’s opposition to the legislation of euthanasia. This report is known as the Marty report. The report contains several arguments in favour of legalisation of euthanasia. The first argument focuses on the gap between practice and law. Legalisation would bring existing practices of euthanasia out of the grey area, and make them more open to control. The second argument is that as long as euthanasia is legally forbidden, patients are forced to continue living in unbearable pain and suffering. In his critique of the Marty report, John Keown concludes that both arguments are invalid.1 He questions the presumed gap between practice and law, and criticises the conclusion that such a gap would imply that the law should be changed. He also argues that the notion of unbearable pain and suffering is highly problematic, and cannot serve as a justification for euthanasia. Although Keown’s discussion shows thorough knowledge of the issue at hand, his conclusions are one sided and his dismissal of the position taken in the Marty report is too easy. In order to substantiate this, I will go into Keown’s critique of the two arguments in the report.THE GAP BETWEEN PRACTICE AND LAWAccording to the Marty report, legalisation of euthanasia would bring existing practice into the open, and make decisions less arbitrary. Keown questions this argument in two ways. Firstly, he raises doubt as to whether the existing laws forbidding euthanasia are that often broken in practice. Several studies indicate that euthanasia is not very common in medical practice. If this is the case, the gap between law and practice is not as large as one might think. Keown rightly ..
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
J. Keown (2006). Mr Marty's Muddle: A Superficial and Selective Case for Euthanasia in Europe. Journal of Medical Ethics 32 (1):29-33.
Shi Pdau (1991). Euthanasia in China: A Report. Journal of Medicine and Philosophy 16 (2).
Carlo Ierna (2009). Anton Marty and the Phenomenological Movement. Brentano-Studien 12:219-240.
François Marty (1975). La méthodologie transcendantale, deuxième partie de la « Critique de la raison pure ». Revue de Métaphysique et de Morale 80 (1):11 - 31.
Robert M. Baird & Stuart E. Rosenbaum (eds.) (1989). Euthanasia: The Moral Issues. Prometheus Books.
Lisa Yount (ed.) (2002). Euthanasia. Greenhaven Press.
S. Da Pu (1991). Euthanasia in China: A Report. Journal of Medicine and Philosophy 16 (2):131-138.
Margaret Otlowski (1997). Voluntary Euthanasia and the Common Law. Clarendon Press.
Stephen Drake (2005). Euthanasia is Out of Control in the Netherlands. Hastings Center Report 35 (3):c3.
M. H. Kottow (1988). Euthanasia After the Holocaust – is It Possible?: A Report From the Federal Republic of Germany. Bioethics 2 (1):58–69.
Michael Stolberg (2008). Two Pioneers of Euthanasia Around 1800. Hastings Center Report 38 (3):pp. 19-22.
P. Nowell-Smith (1989). Euthanasia and the Doctors--A Rejection of the BMA's Report. Journal of Medical Ethics 15 (3):124-128.
J. Jacob (1985). Report on Euthanasia, Aiding Suicide and Cessation of Treatment. Journal of Medical Ethics 11 (1):49-50.
Jacqueline A. Laing (2012). Institutionalising Murder. Halsbury's Law Exchange.
Susan M. Wolf (2008). Confronting Physician Assisted Suicide and Euthanasia: My Father's Death. Hastings Center Report 38 (5):pp. 23-26.
Added to index2010-08-24
Total downloads3 ( #483,044 of 1,727,972 )
Recent downloads (6 months)1 ( #369,877 of 1,727,972 )
How can I increase my downloads?