9780335217557

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

by
  • ISBN13:

    9780335217557

  • ISBN10:

    0335217559

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

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