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The law of life and death / Elizabeth Price Foley.

By: Foley, Elizabeth Price.
Material type: TextTextSeries: JSTOR eBooks.Publisher: Cambridge, Mass. : Harvard University Press, 2011Description: 1 online resource (304 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9780674060906; 0674060903.Subject(s): 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 StatesAdditional physical formats: Print version:: Law of life and death.DDC classification: 344.7304/19 LOC classification: KF3827.D4 | F65 2011Online resources: Click here to view this ebook.
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.
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KF3827.D4 F65 2011 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt24hkh6 Available ocn753976784
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KF3821 .P694 2016 Legal and ethical issues for health professionals / KF3826.N8 -- .A45 2015eb Nursing Home Federal Requirements : KF3826.N8 -- A45 2011eb Nursing Home Federal Requirements : KF3827.D4 F65 2011 The law of life and death / KF3827.E87 B36 2012 At liberty to die : KF3827.E87 P377 2012 The Euthanasia/Assisted-Suicide Debate. KF3827.I5 S25 2013 Informed consent to psychoanalysis :

Includes bibliographical references (pages 259-296) and index.

Statutory and common law life -- Constitutional life -- Cardiopulmonary death -- Brain death -- Constitutional death -- Not dead yet -- Unbeing dead isn't being alive.

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.

Print version record.

Reviews provided by Syndetics

Library Journal Review

Foley (Florida Intl. Univ. Coll. of Law) presents a profoundly intelligent, distinctive, and disturbing book. In seven short chapters, she dissects the legality behind what makes a person alive or dead. The first chapter addresses such subjects as feticide, wrongful conception, the freezing of humans and body parts, and frozen embryos. The discussion of legal contortions that courts make to decide these cases segues nicely into the court's definition of death. The book devotes succeeding chapters to the Uniform Definition of Death Act, which defines the difference between being brain-dead while the body functions and being fully dead from cardiac arrest. As the author coolly points out, medical advances and the need for organ donations have expanded the legal definition of death to outweigh what constitutes being alive. VERDICT With extensive endnotes and a scholarly tone, this work will be appreciated by legislators, serious readers, and legal and medical professionals.-Harry Charles, Attorney at Law, St. Louis (c) Copyright 2011. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

CHOICE Review

"Are you alive?. Thus begins this intriguing book that examines the legal relationship between life and death. Through vivid examples ranging from embryo research to organ transplantation to assisted suicide, Foley (Florida International Univ. College of Law) demonstrates the complications that belie her seemingly simple opening question. She argues convincingly that even the attempts to define life and death as antonyms cannot dispel the gray areas of public policy such as the legal status of partial birth abortions, the treatment of patients in persistent vegetative states, or whether death should be defined as irreversible cessation of cardiopulmonary or brain function. Chapters illuminate disparate (even desperate) attempts by state statutes, common law, and constitutional law to govern life and death practices amid the complicating factors of ethics, science, medicine, economics, and cultural diversity. But rather than argue for clarity and uniformity, Foley maintains that such ambiguity and diversity may be necessary. Even more provocative is her final assessment that concern for a right to life is being overshadowed by a right to die--and indeed, an obligation to die. Her engaging, accessible writing style highly recommends the book for classroom use and library collections. Summing Up: Highly recommended. All readership levels. S. Behuniak Le Moyne College

Author notes provided by Syndetics

Foley Elizabeth Price :<br> <p>Elizabeth Price Foley is Professor of Law at Florida International University College of Law.</p>

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