Death and Medical Power : An Ethical Analysis of Dutch Euthanasia Practice

by Have

• ISBN13: 9780335217557
• ISBN10: 0335217559
• Edition: 1st
• Format: Paperback
• Copyright: 2005-05-01
• Publisher: Open University Press

Summary

Since the 1970s, euthanasia has been a topic of continual debate worldwide. This book presents a detailed description of the debate as well as a critical analysis of the most salient aspects of euthanasia practice in the Netherlands. The authors argue that euthanasia should be understood within a historical context as a protest against medical power. The book explores many of the arguments about the Dutch "experiment" that are relevant to other countries currently considering legislation in this area.

Author Biography

Henk ten Have is based at UNESCO in Paris.

Jos Welie is an associate professor at the Center for Health Policy and Ethics at Creighton University, Nebraska.

Table of Contents

Series editor's preface	ix
Introduction	1	(4)
1 Euthanasia and medical power	5	(17)
The Postma case	5	(1)
The Dutch euthanasia debate	6	(2)
Beginnings of the euthanasia movement	8	(1)
The verdict	9	(1)
Expansion of the debate	10	(3)
The lack of a theoretical foundation for euthanasia	13	(2)
Dutch euthanasia as a contradiction of respect for patient autonomy	15	(2)
Euthanasia as hindrance to a good death	17	(2)
A framework of queries	19	(3)
2 The growth of medical power	22	(35)
Victims of medical power	22	(3)
Medical—ethical uncertainty	25	(1)
Normative stability	26	(1)
The postwar period	27	(4)
The changing medical scene	31	(8)
Secularization	39	(1)
The power of medicine	40	(3)
A new focus on death and dying	43	(3)
Development of the practice of euthanasia	46	(4)
The issue of public control	50	(1)
Public debate and the politics of compromise	51	(6)
3 The medical practice of euthanasia	57	(34)
Introduction	57	(1)
General description of Dutch euthanasia cases	58	(1)
Incidence of medically procured death (MPD)	59	(11)
Who practises euthanasia?	70	(5)
The doctor–patient relationship	75	(2)
The physician's role in the decision-making process	77	(6)
Evaluation of the practice of euthanasia	83	(6)
Why physicians?	89	(2)
4 The response of the law	91	(42)
Introduction	91	(1)
The relevance of the Dutch legal developments for other countries	92	(1)
The law of 1886	93	(3)
Force majeure	96	(3)
Jurisprudential developments	99	(6)
Why physicians?	105	(5)
Who can speak on behalf of the medical profession?	110	(1)
Requirements of due care	110	(9)
Guilty but no punishment	119	(4)
The role of the prosecutor	123	(2)
Legalization of euthanasia	125	(6)
Why a new law?	131	(2)
5 Justifying the practice of euthanasia	133	(36)
Introduction	133	(1)
The importance of distinctions	134	(1)
Euthanasia versus letting go	135	(6)
Euthanasia versus palliative treatment	141	(7)
Euthanasia versus PAS	148	(3)
Voluntary versus nonvoluntary MPD	151	(1)
Different methods of ethical reasoning	152	(3)
The Model of Double Effect	155	(3)
Patient autonomy	158	(3)
Unbearable suffering and the patient's quality of life	161	(4)
Shifts in argumentation	165	(4)
6 Lessons to be learned	169	(18)
Introduction	169	(2)
Medicalization of end-of-life care	171	(2)
Medical interventions and control over human death	173	(3)
Inevitability of judgements about patients' quality of life	176	(3)
Powerlessness of the law, public debate and policy	179	(1)
The importance of distinctions	180	(3)
Towards a broader array of end-of-life care options	183	(4)
Appendix I: Digest of Dutch jurisprudence	187	(24)
Appendix II: 2001 Law on Euthanasia and PAS	211	(9)
Notes	220	(7)
References	227	(8)
Index	235