The Law of Life and Death

The Law of Life and Death

Author: Elizabeth Price Foley

Publisher: Harvard University Press

Published: 2011-08-01

Total Pages: 315

ISBN-13: 0674060903

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Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death. In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die. Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.


Dying in America

Dying in America

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2015-03-19

Total Pages: 470

ISBN-13: 0309303133

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For patients and their loved ones, no care decisions are more profound than those made near the end of life. Unfortunately, the experience of dying in the United States is often characterized by fragmented care, inadequate treatment of distressing symptoms, frequent transitions among care settings, and enormous care responsibilities for families. According to this report, the current health care system of rendering more intensive services than are necessary and desired by patients, and the lack of coordination among programs increases risks to patients and creates avoidable burdens on them and their families. Dying in America is a study of the current state of health care for persons of all ages who are nearing the end of life. Death is not a strictly medical event. Ideally, health care for those nearing the end of life harmonizes with social, psychological, and spiritual support. All people with advanced illnesses who may be approaching the end of life are entitled to access to high-quality, compassionate, evidence-based care, consistent with their wishes. Dying in America evaluates strategies to integrate care into a person- and family-centered, team-based framework, and makes recommendations to create a system that coordinates care and supports and respects the choices of patients and their families. The findings and recommendations of this report will address the needs of patients and their families and assist policy makers, clinicians and their educational and credentialing bodies, leaders of health care delivery and financing organizations, researchers, public and private funders, religious and community leaders, advocates of better care, journalists, and the public to provide the best care possible for people nearing the end of life.


Dilemmas of Life and Death

Dilemmas of Life and Death

Author: S. Cromwell Crawford

Publisher: SUNY Press

Published: 1995-01-01

Total Pages: 256

ISBN-13: 9780791421659

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This is a breakthrough work expanding the debate of the dilemmas of life and death in contemporary American society by carrying it beyond the insights of Western religious and philosophic thought to include ethical perspectives of the Hindu tradition. The topics covered are the timely ethical issues that concern both Americans and all people of the world -- abortion, suicide, euthanasia, and the environment. A lively East-West dialogue probes the roots of each issue in its native setting, and the fruit of this historical approach is a clear-cut analysis of up-to-date cases, giving their current status in terms of ethics, religion, philosophy, medicine, and law. Unlike traditional textbooks that concentrate on a theoretical analysis to the exclusion of practical issues, this book does justice to both theoretical and practical ethics.


Rethinking Life and Death

Rethinking Life and Death

Author: Peter Singer

Publisher: Macmillan

Published: 1996-04-15

Total Pages: 268

ISBN-13: 9780312144012

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In a reassessment of the meaning of life and death, a noted philosopher offers a new definition for life that contrasts a world dependent on biological maintenance with one controlled by state-of-the-art medical technology.


Approaching Death

Approaching Death

Author: Committee on Care at the End of Life

Publisher: National Academies Press

Published: 1997-10-30

Total Pages: 457

ISBN-13: 0309518253

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When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."


The Life and Death Dilemma

The Life and Death Dilemma

Author: Joni Eareckson Tada

Publisher: Zondervan

Published: 1995

Total Pages: 200

ISBN-13: 0310585716

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You might be standing by the bedside of an ill or dying family member, facing agonizing moral and medical choices. Or you may be struggling with a disability, asking questions that seem to have no answers. Where can you find practical encouragement and realistic perspective to help you make the best decisions Joni Eareckson Tada, herself a quadriplegic, helps you and your family tackle the hard questions about death, illness, and suffering, such as: - Is it ever right to choose death, either for yourself or a suffering loved one - How can I make the best decisions in a medical crisis - Where is God in the unanswerable questions - Are our rights being protected Stories of real people who have faced life-and-death decisions, practical suggestions for coping in crisis, and scriptural insight on the meaning of life help you find hope and answers in difficult situations. From the legal facts to the human factor, Joni brings a unique perspective to what makes life worth living and how to make health care choices with dignity, wisdom, and compassion. The Life and Death Dilemma, written with families' needs in mind, offers help and insight for those who are disabled, dying, or terminally ill. Complete with practical questions at the end of each chapter and full of relevant case studies, it offers help and guidance through one of the toughest issues families must face.


A Concise History of Euthanasia

A Concise History of Euthanasia

Author: Ian Dowbiggin

Publisher: Rowman & Littlefield

Published: 2007

Total Pages: 176

ISBN-13: 9780742531116

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This deeply informed history traces the controversial record of "mercy-killing," a source of heated debate among doctors and laypeople alike. Dowbiggin examines evolving opinions about what constitutes a good death, taking into account the societal and religious values placed on sin, suffering, resignation, judgment, penance, and redemption. He also examines the bitter struggle between those who stress a right to compassionate and effective end-of-life care and those who define human life in terms of either biological criteria, utilitarian standards, a faith in science, humane medical treatment, the principle of personal autonomy, or individual human rights. Considering both the influence of technological and behavioral changes in the practice of medicine and the public's surprising lack of awareness of death's many clinical and biological dimensions, this book raises profound personal and collective questions on the future of euthanasia.


10 Good Questions About Life And Death

10 Good Questions About Life And Death

Author: Christopher Belshaw

Publisher: John Wiley & Sons

Published: 2008-04-15

Total Pages: 192

ISBN-13: 1405143835

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10 Good Questions about Life and Death makes us think againabout some of the most important issues we ever have to face. Addresses the fundamental questions that many of us ask aboutlife and death. Written in an engaging and straightforward style, ideal forthose with no formal background in philosophy. Focuses on commonly pondered issues, such as: Is life sacred?Is it bad to die? Is there life after death? Does life havemeaning? And which life is best? Encourages readers to think about and respond to the humancondition. Features case studies, thought-experiments, and references toliterature, film, music, religion and myth.