David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Theoretical Medicine and Bioethics 23 (4-5):271-286 (2002)
``What Does a Right to Physician-Assisted Suicide (PAS) Legallyentail?''''Much of the bioethics literature focuses on the morality ofPAS but ignores the legal implications of the conclusions thereby wrought. Specifically, what does a legal right toPAS entail both on the part of the physician and the patient? Iargue that we must begin by distinguishing a right to PAS qua``external'''' to a particular physician-patient relationship from a right to PAS qua ``internal'''' to a particular physician-patientrelationship. The former constitutes a negative claim right inrem that prohibits outside interference with the exercise of aright to PAS while the latter can provide the patient witha positive claim right in personam to obligatory assistancefrom his physician. Importantly, I argue that the creation of sucha patient right, however, originates with the physician who may exercise an unqualified right of first refusal prior to promisingto help her patient commit suicide. In doing so, I hope to establishthat explicit physician promises of assistance in dying shouldbecome legally binding. As such, current PAS law in both theNetherlands and Oregon is in need of substantive modification.
|Keywords||conscientious objection fiduciary legal rights physician assisted suicide|
|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
Susan R. Martyn & Henry J. Bourguignon, Physician-Assisted Suicide: The Supreme Court's Wary Rejection.
Bert Gordijn & Rien Janssens (2001). New Developments in Dutch Legislation Concerning Euthanasia and Physician-Assisted Suicide. Journal of Medicine and Philosophy 26 (3):299 – 309.
Raphael Cohen-Almagor (2008). Dignity, Compassion, Care and Safety Valves at the End-of-Life. Israel Law Review 41 (1-2):358-393.
Richard Momeyer (1995). Does Physician Assisted Suicide Violate the Integrity of Medicine? Journal of Medicine and Philosophy 20 (1):13-24.
Susan R. Martyn & Henry J. Bourguignon, Physician's Decisions About Patient Capacity: The Trojan Horse of Physician-Assisted Suicide.
Perry A. Pugno (2004). One Physician's Perspective: Euthanasia and Physician-Assisted Suicide. [REVIEW] Health Care Analysis 12 (3):215-223.
Diane Christine Raymond (1999). &Quot;fatal Practices&Quot;: A Feminist Analysis of Physician-Assisted Suicide and Euthanasia. Hypatia 14 (2):1-25.
Andrew Sneddon (2006). Equality, Justice, and Paternalism: Recentreing Debate About Physician-Assisted Suicide. Journal of Applied Philosophy 23 (4):387–404.
Added to index2009-01-28
Total downloads29 ( #64,368 of 1,101,954 )
Recent downloads (6 months)4 ( #91,857 of 1,101,954 )
How can I increase my downloads?