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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
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Assisted Dying and Legal Change (Hardcover)
Loot Price: R3,649
Discovery Miles 36 490
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Assisted Dying and Legal Change (Hardcover)
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The question of whether euthanasia and assisted suicide should be
legalized is often treated, by judges and commentators alike, as a
universal, ethical question, transcending national boundaries and
diverse legal systems. By thinking of the issue in this way, the
important context in which individual jurisdictions make decisions
about assisted dying and the significance of the legal methods
chosen to carry out those decisions is often lost. This book
examines the impact of the choice of diverse legal routes towards
legalization on the subsequent assisted dying regimes in operation.
This examination suggests that greater caution is needed before
relying on the experience of one jurisdiction when discussing
proposals for regulation of assisted dying in others. The book
seeks to demonstrate the need to explore the legal environment in
which assisted dying is performed or proposed in order to evaluate
the relevance of a particular legal experience to other
jurisdictions. The book begins with an examination of the
unsuccessful attempts to use constitutionally entrenched human
rights claims to challenge criminal prohibitions on assisted
suicide which reached the highest courts in the United States,
Canada and Europe. Their failure makes legalization through a
rights-based claim unlikely in any major common law or European
jurisdiction. Alternative routes towards legalization are then
discussed, including the defence of necessity, by which euthanasia
was effectively legalized in the Netherlands and an approach based
on compassion which has been proposed in France, as well as the
legislative approaches which have been taken in Oregon, Belgium and
the Northern Territory of Australia. All of these approaches are
compared in detail, with particular attention paid to the
effectiveness and transferability of the ubiquitous slippery slope
arguments
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