Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8bljj Total loading time: 0 Render date: 2024-07-04T00:26:58.332Z Has data issue: false hasContentIssue false

2 - Is killing people right?: law and the end of life

Published online by Cambridge University Press:  05 May 2016

Allan C. Hutchinson
Affiliation:
Osgoode Hall Law School, York University, Toronto
Get access

Summary

The American politician Benjamin Franklin struck a truthful and lasting chord with his declaration that ‘the only certain things in life are death and taxes’. While death is inevitable, its circumstances, timing and details are far from certain or predictable. It can occur at any time and almost by any means. As we manage to live longer and more securely, we have begun to demand greater control over the terms and conditions of our own death and dying; we want to avoid some of the humiliation and pain of a long and debilitating death.

Although it is no longer a criminal offence to commit suicide (even if some do consider it a sin or immoral act), many insist that they should be able to enlist the support of others to bring their life to a dignified and planned close. This, of course, has led to a whole series of moral and legal dilemmas. There is almost no approach or stance that does not receive some substantial support. For every advocate of a liberal policy on physician-assisted euthanasia there is another who condemns such possibilities as demeaning and dehumanising. It is an ethical battlefield of weighty principle and enormous implications that not only matches ethical humanists against religious devotees but also pits those in each camp against each other.

As will come with little surprise to many legal observers and social historians, the courts have been placed front and centre in this social altercation. Judges have been asked to play the role of latter-day Jobs. While the matter had bubbled under the surface for many decades, it is only in recent decades that the issue of whether and, if so, how doctors might be entitled or obliged to end a person's life has forced its way on to the front burner. The right-to-die cases are only one small corner of the wider debate on euthanasia. In the common law, the English courts were confronted by a harrowing set of circumstances in which it had to be decided if the doctors of a young and comatose victim of a monumental sporting disaster could, with his family's agreement, take him off life-support. It was a wrenching decision that placed courts squarely in the public and ethical spotlight.

Type
Chapter
Information
Is Killing People Right?
More Great Cases that Shaped the Legal World
, pp. 10 - 26
Publisher: Cambridge University Press
Print publication year: 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Airedale NHS Trust v. Bland (1993), 1 All E.R. 821.
Cruzan v. Missouri Dept of Health (1990), 497 US 261.
Cuthbertson v. Rasouli (2013), 3 SCR 341.
Re M. W. v. M. and others (2011), EWHC 2443.
Scraton, Phil. Hillsborough: The Truth (2000).
‘Terri Schiavo case’, Wikipedia, http://en.wikipedia.org/wiki/Terri_Schiavo_case.
‘Tony Bland’, Wikipedia, http://en.wikipedia.org/wiki/Tony_Bland.

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×