When should we try to prevent suicide? Should it be facilitated for
some people, in some circumstances? For the last forty years, law
and policy on suicide have followed two separate and distinct
tracks: laws aimed at preventing suicide and, increasingly, laws
aimed at facilitating it. In Rational Suicide, Irrational Laws
legal scholar Susan Stefan argues that these laws co-exist because
they are based on two radically disparate conceptions of the
would-be suicide. This is the first book that unifies policies and
laws, including constitutional law, criminal law, malpractice law,
and civil commitment law, toward people who want to end their
lives. Based on the author's expert understanding of mental health
and legal systems, analysis of related national and international
laws and policy, and surveys and interviews with more than 300
suicide-attempt survivors, doctors, lawyers, and mental health
professionals, Rational Suicide, Irrational Laws exposes the
counterproductive nature of current policies and laws about
suicide. Stefan proposes and defends specific reforms, including
increased protection of mental health professionals from liability,
increased protection of suicidal people from coercive
interventions, reframing medical involvement in assisted suicide,
and focusing on approaches to suicidal people that help them rather
than assuming suicidality is always a symptom of mental illness.
Stefan compares policies and laws in different states in the U.S.
and examines the policies and laws of other countries in Europe,
Asia, and the Americas, including the 2015 legalization of assisted
suicide in Canada. The book includes model statutes, seven in-depth
studies of people whose cases presented profound ethical, legal,
and policy dilemmas, and over a thousand cases interpreting rights
and responsibilities relating to suicide, especially in the area of
psychiatric malpractice.
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