Ending the life of the act/omission dispute: Causation in withholding and withdrawing life-sustaining measures


Autoria(s): McGee, Andrew
Data(s)

01/09/2011

Resumo

My aim in this paper is to challenge the increasingly common view in the literature that the law on end of life decision making is in disarray and is in need of urgent reform. My argument is that this assessment of the law is based on assumptions about the relationship between the identity of the defendant and their conduct, and about the nature of causation, which, on examination, prove to be indefensible. I then provide a clarification of the relationship between causation and omissions which proves that the current legal position does not need modification, at least on the grounds that are commonly advanced for the converse view. This enables me, in conclusion, to clarify important conceptual and moral differences between withholding, refusing and withdrawing life-sustaining measures on the one hand, and assisted suicide and euthanasia, on the other.

Formato

application/pdf

Identificador

http://eprints.qut.edu.au/42597/

Publicador

Wiley-Blackwell

Relação

http://eprints.qut.edu.au/42597/2/42597.pdf

DOI:10.1111/j.1748-121X.2011.00193.x

McGee, Andrew (2011) Ending the life of the act/omission dispute: Causation in withholding and withdrawing life-sustaining measures. Legal Studies: Journal of the Society of Legal Scholars, 31(3), pp. 467-491.

Direitos

Copyright 2011 Wiley-Blackwell

This is the peer reviewed version of the following article: McGee, A. (2011), Ending the life of the act/omission dispute: causation in withholding and withdrawing life-sustaining measures. Legal Studies, 31: 467–491, which has been published in final form at https://doi.org/10.1111/j.1748-121X.2011.00193.x. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.

Fonte

Faculty of Law; Australian Centre for Health Law Research; School of Law

Palavras-Chave #180100 LAW #220100 APPLIED ETHICS #220101 Bioethics (human and animal) #220106 Medical Ethics #Omissions #Acts #Causation #Letting die #Withholding and Withdrawing Life-sustaining Measures #Life-prolonging treatment, Euthanasia #Prolonging life, Shortening life
Tipo

Journal Article