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Finding a way through the ethical and legal maze : withdrawing medical treatment and euthanasia

McGee, Andrew (2005) Finding a way through the ethical and legal maze : withdrawing medical treatment and euthanasia. Medical Law Review, 13(3), pp. 357-385.

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Abstract

This article examines Finnis' and Keown's claim that the intention/foresight distinction should be used as the basis for the lawfulness of withholding and withdrawing medical treatment, rather than the act/omission distinction which is currently used. I argue that whilst the intention/foresight distinction is sound and can apply to palliative pain relief hastening death, it cannot be applied to withholding and withdrawing medical treatment. Instead, the act/omission distinction remains the better basis for the lawfulness of withholding and withdrawal, and law reform is consequently unnecessary.

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ID Code: 38166
Item Type: Journal Article
Keywords: Withholding and withdrawing life prolonging treatment, euthanasia, intention, foresight, act, omission, sanctity of life
DOI: 10.1093/medlaw/fwi023
ISSN: 0967-0742
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000) > APPLIED ETHICS (220100)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000) > PHILOSOPHY (220300) > Ethical Theory (220305)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 26 Oct 2010 11:51
Last Modified: 01 Mar 2012 00:21

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