Title The law of life and death / Elizabeth Price Foley

Published Cambridge, Mass. : Harvard University Press, 2011

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Description 1 online resource (304 pages) Contents Statutory and common law life -- Constitutional life -- Cardiopulmonary death -- Brain death -- Constitutional death -- Not dead yet -- Unbeing dead isn't being alive Summary Synopsis: Are you alive? What makes you so sure? Most people believe this question has a clear answer-that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that "not being dead" is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death. In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die. Foley's balanced, accessible chapters explore the most contentious legal issues of our time-including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives-across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours Bibliography Includes bibliographical references (pages 259-296) and index Notes English Print version record Subject Death -- Proof and certification -- United States Life and death, Power over -- Moral and ethical aspects Life and death, Power over -- Decision making Right to life -- United States Right to die -- Law and legislation -- United States Euthanasia -- Law and legislation -- United States Death. Death certificates. Medical ethics. Brain Death -- legislation & jurisprudence Death Death Certificates Ethics, Medical Value of Life deaths. death certificates. death records. LAW -- Administrative Law & Regulatory Practice. LAW -- Medical Law & Legislation. Medical ethics Death certificates Death Death -- Proof and certification Euthanasia -- Law and legislation Life and death, Power over -- Decision making Life and death, Power over -- Moral and ethical aspects Right to die -- Law and legislation Right to life SUBJECT United States Subject United States Form Electronic book ISBN 9780674060906 0674060903

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