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LEGALIZATION OF EUTHANASIA.
  Term Paper ID:19159
Essay Subject:
Argues for. Types (passive vs. active), American Medical Association position, legal & ethical aspects.... More...
6 Pages / 1350 Words
7 sources, 16 Citations, APA Format
$24.00

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Paper Abstract:
Argues for. Types (passive vs. active), American Medical Association position, legal & ethical aspects.

Paper Introduction:
This paper will argue in favor of legalizing euthanasia in the United States. There are two basic types of euthanasia. The first, known as passive euthanasia, involves the withholding of medical treatment. With passive euthanasia, the terminally ill patient is simply allowed to die. The second type, known as active euthanasia, occurs when a doctor or other health care practitioner takes active steps toward terminating the patient's life. With active euthanasia, the doctor might give a lethal injection or use other means to kill the patient. In certain cases, passive euthanasia is legally accepted in the United States. However, at the present time, active euthanasia is never accepted.

Text of the Paper:
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In this regard:"If one simply withholds treatment, it may take the patient longer to die,and so he may suffer more than he would if more direct action were takenand a lethal injection given" (Rachels, 1989, pp. Assisting suicide: An ethicalperspective. This paper will argue in favor of legalizing euthanasia in theUnited States. 121). Euthanasia is ethical.Euthanasia: Opposing Viewpoints. 38). Childress. 66). San Diego:Greenhaven Press, pp. Thus,"once a society accepts the principle of passive euthanasia, that you cancause someone's death by omission, it doesn't take much to cross thebarrier to the proposition that you can cause someone's death bycommission" (Lawton, 199 , p. Euthanasia: The Moral Issues. When this pointof view is accepted, it can be seen that it applies to cases of activeeuthanasia as well as passive euthanasia. 21). Has the 'right to die' arrived?Christianity Today 34: pp. Neal Bernards, ed. Rachels, James. Ogg, Elizabeth. Therefore, the time has come for the medical and legalprofessions to accept the principles of humane euthanasia and to movetoward allowing active as well as passive euthanasia for those cases inwhich euthanasia is the appropriate response. According to this principle, terminally illpatients have the right to make their own decisions about whether to liveor die. 78-79). These state laws "allestablish the right of a competent adult to refuse extraordinary measuresto sustain life in the event of terminal illness, and give legal immunityto physicians and institutions honoring such a refusal" (Ogg, 1989, p. A25). Neal Bernards, ed. 38-39. Doctors debate helping the terminallyill die. Active euthanasia is often more merciful and humane thanpassive euthanasia because it ends the suffering and pain of the patientmore quickly. CarolLevine, ed. Based on this view, many experts advocate that active euthanasia, aswell as passive euthanasia, should be legalized. The highest level of doctorinvolvement in active euthanasia takes place when the doctor actually helpsthe patient carry out the act. It instructsdoctors to utilize passive euthanasia if the patient's condition becomeshopeless. 111-124.----------------------- 8 79). Otheradvocates of legalized euthanasia have based their arguments on theprinciple of autonomy. There are many cases in which euthanasia may be necessary in order toend the suffering of a dying patient. Ernle Young, for example, has claimed that once a patient has madethe decision to die, "it is morally licit to rank the principle of autonomyabove the principle of beneficence in evaluating one's duty to respond tothat person's suicidal attempts or desires" (Young, 1989, p. Guilford, Ct.: The DushkinPublishing Group, pp. By contrast, the official positionof the AMA is strictly opposed to the idea of active euthanasia. An important aspect of these laws is the "living will." A living will isa document which is signed by the terminally ill patient. The proponentsof euthanasia believe that the act is merciful when compared to thesuffering of being kept alive with a debilitating disease. Belkin, Lisa. Nevertheless, there are a growing number of a people in America todaywho are in favor of legalizing both passive and active euthanasia undercertain circumstances. Taking Sides: Clashing Views on ControversialBioethical Issues. ElizabethOgg has also noted that euthanasia is necessary because it helps topreserve the dignity of terminally ill patients. Guilford, Ct.: The Dushkin Publishing Group, pp. A25). 3rd ed. Withpassive euthanasia, the terminally ill patient is simply allowed to die.The second type, known as active euthanasia, occurs when a doctor or otherhealth care practitioner takes active steps toward terminating thepatient's life. According to Tom L.Beauchamp and James F. (1989). (1989, May 24). Robert M. 78). 86). Lawton, Kim A. Other experts in the field believe that there should be nopenalties for doctors who perform active euthanasia in accordance with thepatient's wishes. In addition to wanting toend their physical suffering, some patients may wish to die because theyfeel being kept alive in a hospital is undignified. Theseopponents point out that the Hippocratic Oath which all doctors takerequires that they try to save patients' lives rather than to terminatethem. The American Medical Association takes the point of view that passiveeuthanasia is sometimes acceptable. Beauchamp, Tom L., and James F. 39). D. (1989). James Rachels, aphilosophy professor at the University of Alabama, has argued that there isessentially no difference between the active and passive forms ofeuthanasia. However, atthe present time, active euthanasia is never accepted. In certain cases,passive euthanasia is legally accepted in the United States. Principles ofbiomedical ethics. Dr. Ernle Young of theStanford University Hospital has claimed that, at the very least, the legalpenalties for a doctor assisting in a patient's death should be minimal.Young notes that there are various degrees to which a doctor can help aterminally ill patient to die. Thus, the Supreme Court has passeddecisions which support the use of passive euthanasia in certain instances. New York Times, p. In Ogg's words: "As asociety we are coming to understand that mere preservation of the flesh isnot the highest value, that we need death control to preserve personalvalues like self-possession and dignity" (Ogg, 1989, p. Of course, euthanasia should neverbe carried out without a patient's consent, and this is why a living willis important. There are many cases in which active euthanasia wouldactually be more humane than passive euthanasia. For example, the doctor can provideinformation regarding ways in which the patient can end his or her ownlife. Rachels points out that it is even moremerciful to bring an end to that suffering quickly through activeeuthanasia. 6 -67. A1+. Some people who are opposed to euthanasia feel that evenpassive euthanasia should be illegal. (1989). Rachels feels that once the patient has made the decision todie, it is better to fulfill the act as soon as possible. There are two basic types of euthanasia. Active and passive euthanasia. (1989). In contrast tothe slow, painful process of dying which is involved in passive euthanasia,Rachels points out that active euthanasia is "relatively quick andpainless" (p. With active euthanasia, the doctor might give a lethalinjection or use other means to kill the patient. The first, knownas passive euthanasia, involves the withholding of medical treatment. 88). Althoughthere are cases in which a doctor may agree to withhold treatment, it isfelt that "it is never permissible to take direct action to kill thepatient" (Rachels, 1989, p. TakingSides: Clashing Views on Controversial Bioethical Issues. 66).Although passive euthanasia is legal in certain circumstances, activeeuthanasia is completely illegal throughout the United States. Those who are opposed to activeeuthanasia often claim that the practice could be easily abused.Specifically, there is the fear that the practice would encourage not onlythe voluntary killing of terminally ill patients, but also the involuntarykilling of undesirable elements throughout society. Young's view is "that encouragement or theprovision of information ought not to be subject to legal penalties, thathelping someone to accomplish his own death or actually to kill him (at hisrequest) ought to be subject to legal penalties of a lesser kind" (Young,1989, p. San Diego:Greenhaven Press, pp. It is ironic that passive euthanasia is sometimes accepted but activeeuthanasia is not. Specifically, the AMA considers thepractice ethical if: "(1) the life of the body is being preserved byextraordinary means, (2) there is irrefutable evidence that biologicaldeath is imminent, and (3) the patient and/or the family consents"(Beauchamp and Childress, 1989, p. 78-83. 3rd ed. Baird and Stuart E.Rosenbaum, eds. Childress, for example: "If rules permitting activekilling were introduced into society, it is not implausible to suppose thatthe society over time would move increasingly in the direction ofinvoluntary euthanasia - e.g., in the form of killing defective newbornsfor such reasons as the avoidance of social burdens" (Beauchamp andChildress, 1989, p. Even if a patient is terminally ill, it is believed that the doctormust not take any step toward causing death. (199 , August 2 ). Although there are many advocates of legalized euthanasia, there arealso many people who are opposed to the practice. Passive euthanasia is accepted by many medical andprofessional experts because it enables the terminally ill patient to bringan end to his or her suffering. In this regard, it has been determined that a competent person "has aconstitutionally protected liberty interest in refusing unwanted medicaltreatment" (Lawton, 199 , p. 84-91. References Battin, Margaret Pabst. All of the state laws regarding passive euthanasia require theexistence of a living will before the act can be carried out (p. Thus, "all5 states have either a criminal or common law sanction against assistedsuicide" (Belkin, 1989, p. Buffalo: Prometheus Books, pp. Many states have passed legislationpermitting passive euthanasia in specific cases. 116). Margaret Battin of theUniversity of Utah, for example, has pointed out that "the principle ofmercy may also demand the easing of pain by means more direct than mereallowing to die; it may require killing" (Battin, 1989, p. Carol Levine, ed. (1989). 17-23. Euthanasia should be legalized.Euthanasia: Opposing Viewpoints. The legal profession in the United States takes a similar view tothat which is expressed by the AMA. According to this view, thedoctor's responsibility "is not to help kill patients but to find ways tomake them more comfortable in the days and weeks before death" (Belkin,1989, p. Those who are in favor of legalized euthanasia claim that"terminally ill patients have a right to choose death over the torment ofthe final stages of their disease" (Belkin, 1989, p. According to this view, thelegalization of passive euthanasia is dangerous because it encourages themedical profession to consider using active euthanasia as well. Specifically, there is the feeling that euthanasiashould be allowed for terminally ill patients who wish to end theirsuffering. Another way a doctor can assist in a patient's death is by providinglethal drugs which can be self-administered. In fact, some people areopposed to both the passive and active forms of euthanasia. According to Rachels, the decision to allow a patient to dieslowly is pretty much the same as the decision to terminate the patient'slife quickly. A25). 67). Young, Ernle W.

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