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Author: Elizabeth Price Foley
Publisher: Harvard University Press
ISBN: 0674060903
Category : Law
Languages : en
Pages : 315
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Book Description
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.
Author: Elizabeth Price Foley
Publisher: Harvard University Press
ISBN: 0674060903
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
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.
Author: David Orentlicher
Publisher: Princeton University Press
ISBN: 9780691089478
Category : Law
Languages : en
Pages : 250
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Book Description
Orentlicher uses controversial life-and-death issues as case studies for evaluating three models for translating principle into practice. Physician-assisted suicide illustrates the application of "generally valid rules," a model that provides predictability and simplicity and, more importantly, avoids the personal biases that influence case-by-case judgments. The author then takes up the debate over forcing pregnant women to accept treatments to save their fetuses. He uses this issue to weigh the "avoidance of perverse incentives," an approach to translation that follows principles hesitantly for fear of generating unintended results. And third, Orentlicher considers the denial of life-sustaining treatment on grounds of medical futility in his evaluation of the "tragic choices" model, which hides difficult life-and-death choices in order to prevent paralyzing social conflict.
Author: Rebecca Louise Law
Publisher: Royal Botanic Gardens Kew
ISBN: 9781842466469
Category : Flowers in art
Languages : en
Pages : 0
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Book Description
Life in Death is the most comprehensive collection to date of work by artist Rebecca Louise Law. The book documents the evolution of Law's unique artistic practice, the use of flowers as preserved sculptural material. A journey through the earliest experiments, to her best known immersive installations, via a series of beautifully documented photographs. It also provides a unique insight into the life and influences of the artist, including an introduction written by Law. The title culminates with exclusive imagery of Life in Death, Law's forthcoming exhibition showcasing a sculptural installation at the heart of Kew's Shirley Sherwood Gallery, which pays homage to the expertise in preservation presented throughout Kew's collections and represents a symbol of natural durability which is central to Law's practice. Life in Death runs from 7 October 2017 - 11 March 2018 in the Shirley Sherwood Gallery of Botanical Art, Royal Botanic Gardens, Kew.
Author: Cheng Nien
Publisher: Grove/Atlantic, Inc.
ISBN: 0802145167
Category : Biography & Autobiography
Languages : en
Pages : 561
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Book Description
A woman who spent more than six years in solitary confinement during Communist China's Cultural Revolution discusses her time in prison. Reissue. A New York Times Best Book of the Year.
Author: Charles Foster
Publisher: Bloomsbury Publishing
ISBN: 1847314902
Category : Law
Languages : en
Pages : 216
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Book Description
Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford
Author: Sue Westwood
Publisher: Routledge
ISBN: 1000439496
Category : Law
Languages : en
Pages : 245
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Book Description
Regulating the End of Life: Death Rights is a collection of cutting-edge chapters on assisted dying and euthanasia, written by leading authors in the field. Providing an overview of current regulation on assisted dying and euthanasia, both in the UK and internationally, this book also addresses the associated debates on ethical, moral, and rights issues. It considers whether, just as there is a right to life, there should also be a right to death, especially in the context of unbearable human suffering. The unintended consequences of prohibitions on assisted dying and euthanasia are explored, and the argument put forward that knowing one can choose when and how one dies can be life-extending, rather than life-limiting. Key critiques from feminist and disability studies are addressed. The overarching theme of the collection is that death is an embodied right which we should be entitled to exercise, with appropriate safeguards, as and when we choose. Making a novel contribution to the debate on assisted dying, this interdisciplinary book will appeal to those with relevant interests in law, socio-legal studies, applied ethics, medical ethics, politics, philosophy, and sociology.
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 0472022857
Category : Law
Languages : en
Pages : 179
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Book Description
This collection of essays examines the relationship between pain, death, and the law and addresses the question of how the law constructs pain and death as jurisprudential facts. The empirical focus of these essays enables the reader to delve into both the history and the theoretical complexities of the pain-death-law relationship. The combination of the theoretical and the empirical broadens the contribution this volume will undoubtedly make to debates in which the right to live or die is the core issue at hand. This volume will be an important read for policy makers and legal practitioners and a valuable text for courses in law, the social sciences, and the humanities. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College.
Author: Peter Hutton
Publisher: Routledge
ISBN: 0429952783
Category : Medical
Languages : en
Pages : 464
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Book Description
This practical guide summarizes the principles of working with dying patients and their families as influenced by the commoner world religions and secular philosophies. It also outlines the main legal requirements to be followed by those who care for the dying following the death of the patient. The first part of the book provides a reflective introduction to the general influences of world religions on matters to do with dying, death and grief. It considers the sometimes conflicting relationships between ethics, religion, culture and personal philosophies and how these differences impact on individual cases of dying, death and loss. The second part describes the general customs and beliefs of the major religions that are encountered in hospitals, hospices, care homes and home care settings. It also includes discussion of non-religious spirituality, humanism, agnosticism and atheism. The final part outlines key socio-legal aspects of death across the UK. Death, Religion and Law provides key knowledge, discussion and reflection for dealing with the diversity of the everyday care of dying and death in different religious, secular and cultural contexts. It is an important reference for practitioners working with dying patients, their families and the bereaved.
Author: Andrea D. Lyon
Publisher: Regina Ryan Publishing Enterprises Incorporated
ISBN: 9780988225954
Category :
Languages : en
Pages : 244
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Book Description
Nineteen times, death penalty defense lawyer Andrea D. Lyon has represented a client found guilty of capital murder. Nineteen times, she has argued for that individual's life to be spared. Nineteen times, she has succeeded. Dubbed the "Angel of Death Row" by the Chicago Tribune, Lyon was the first woman to serve as lead attorney in a death penalty case. Throughout her career, she has defended those accused of heinous acts and argued that, no matter their guilt or innocence, they deserved a chance at redemption. Now, for the first time, Lyon shares her story, from her early work as a Legal Aid attorney to her founding of the Center for Justice in Capital Cases. Full of courtroom drama, tragedy, and redemption, Angel of Death Row is a remarkable inside look at what drives Lyon to defend those who seem indefensible-and to win. There was Annette who was suspected of murdering her own daughter. There was Patrick, the convicted murderer who thirsted for knowledge and shared his love of books with Lyon when she visited him in jail. There was Lonnie, whose mental illness made him nearly impossible to save until the daughter who remembered his better self spoke on his behalf. There was Deirdre, who shared Lyon's cautious optimism that her wrongful conviction would finally be overturned, allowing her to see her grandchildren born while she was in prison. And there was Madison Hobley, the man whose name made international headlines when he was wrongfully charged with the murder of his family and sentenced to death. These clients trusted Lyon with their stories-and their lives. Driven by an overwhelming sense of justice, fairness, and morality, she fought for them in the courtroom and in the raucous streets, staying by their sides as they struggled through real tragedy and triumphed in startling ways. Angel of Death Row is the compelling memoir of Lyon's unusual journey and groundbreaking career.
Author: Homer Venters
Publisher: Johns Hopkins University Press
ISBN: 1421427354
Category : Medical
Languages : en
Pages : 201
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Book Description
Shining a light on the deadly health consequences of incarceration. Finalist in the PROSE Award for Best Book in Anthropology, Criminology, and Sociology by the Association of American Publishers Kalief Browder was 16 when he was arrested in the Bronx for allegedly stealing a backpack. Unable to raise bail and unwilling to plead guilty to a crime he didn't commit, Browder spent three years in New York's infamous Rikers Island jail—two in solitary confinement—while awaiting trial. After his case was dismissed in 2013, Browder returned to his family, haunted by his ordeal. Suffering through the lonely hell of solitary, Browder had been violently attacked by fellow prisoners and corrections officers throughout his incarceration. Consumed with depression, Browder committed suicide in 2015. He was just 22 years old. In Life and Death in Rikers Island, Homer Venters, the former chief medical officer for New York City's jails, explains the profound health risks associated with incarceration. From neglect and sexual abuse to blocked access to care and exposure to brutality, Venters details how jails are designed and run to create new health risks for prisoners—all while forcing doctors and nurses into complicity or silence. Pairing prisoner experiences with cutting-edge research into prison risk, Venters reveals the disproportionate extent to which the health risks of jail are meted out to those with behavioral health problems and people of color. He also presents compelling data on alternative strategies that can reduce health risks. This revelatory and groundbreaking book concludes with the author's analysis of the case for closing Rikers Island jails and his advice on how to do it for the good of the incarcerated.
