Topic

Author/Academic

Viewpoint

Source

Assessment of the court’s role in the withdrawal of clinically assisted nutrition and hydration from patients in the permanent vegetative state.

S Halliday, A Formby and R Cookson.

The court’s role in declaring that, on withdrawal of clinically assisted nutrition and hydration from patients in PVS, their best interests are not contested is assessed. The authors conclude that the blanket requirement for a declaratory relief is inappropriate and not always in the patient’s best interests.

Medical Law Review2015; 23: 556–587

Crossing the rubicon

J Finnis

In this article, Finnis considers the decision of the House of Lords in Bland and is critical of the way in which acts and omissions, and withdrawal of treatment, have been interpreted. He argues strongly that the driver in this decision was because Tony Bland had no further interests to promote, which is anathema to the view that full moral status should be allowed for every human being until natural death.

Law Quarterly Review 1993; 109: 329

Debating euthanasia

E Jackson and J Keown

Jackson argues persuasively that everyone in society should experience a 'good death' and that obligations rooted in compassion call for cautious development of laws to permit assisted dying. Keown asserts that assisted dying is gravely unethical and ought to remain prohibited.

E Jackson and J Keown, Debating Euthanasia (Oxford: Hart Publishing, 2011)

Life's dominion: an argument about abortion, euthanasia and individual

freedom

R Dworkin

In this monumental work, Dworkin distinguishes between critical interests and experiential interests. Critical interests are those that make life meaningful according to personal values and aspirations. Experiential interests are those that pertain to quality of life and from which individuals experience pleasure. For Dworkin, critical interests are of fundamental importance and are pre-eminent for making life meaningful on an individual basis.

R Dworkin, Life's Dominion: An Argument about Abortion, Euthanasia and Individual

Freedom (New York: Alfred A Knopf, 1993)

The principle of double effect and terminal sedation

G Williams

This article considers terminal sedation as a last recourse for patients with intractable pain and examines whether the doctrine of double effect could be used as a defence to a charge of unlawful killing. It considers intention in the context of terminal sedation and criminal law and examines its legitimacy in respect of proportionality.

Medical L Rev 2001; 9: 41