Lethal Judgments
Assisted Suicide and American Law
Melvin I. Urofsky
April 2000
192 pages, 5-1/2 x 8-1/2
Landmark Law Cases and American Society
Paper ISBN 978-0-7006-1011-2, $12.95
In two 1997 decisions, the Supreme
Court ruled that there is no constitutional right to physician-assisted
suicide. Yet for many people this concept strikes to the heart
of our sense of liberty even as it tugs at our hearts in the
face of human suffering.
Lethal Judgments examines those cases, the law surrounding
the plaintiffs' claims, and the moral debate over physician-assisted
suicide. A concise and gracefully written overview of one of
the most complex and contentious areas of American law, it lays
out the conflict between individuals supporting privacy rights,
due process, and equal protection, and those for whom moral and
ethical considerations trump such concepts.
Noted constitutional scholar Melvin Urofsky discusses the
tangled legal, historical, ethical, and medical issues related
to right-to-die arguments, then examines the Supreme Court's
position in Washington v. Glucksberg and Quill v. Vacco.
He shows how these 1997 cases relate to two other famous cases--Karen
Ann Quinlan and Nancy Beth Cruzan--and carries the controversy
up to the recent trials of Dr. Jack Kevorkian. Urofsky considers
the many facets of this knotty argument. He differentiates between
discontinuation of medical treatment, assisted suicide, and active
euthanasia, and he sensitively examines the issue's social and
religious contexts to enable readers to see both sides of the
dispute. He also shows that in its ruling the Supreme Court did
not slam the door on the subject but left it ajar by allowing
states to legislate on the matter as Oregon has already done.
By treating assisted suicide simply as a legal question, observes
Urofsky, we miss the real importance of the issue. For patients
with AIDS, cancer, and other debilitating illnesses--or even
for those feeble from age--physician-assisted suicide is an expression
of personal autonomy, and as modern medicine learns new ways
to prolong life, more and more people will seek to exercise this
option. Because right-to-die cases are likely to come before
the high court again, this book provides students and general
readers with a timely appreciation of their importance for legal
theory and a useful way to reflect upon the choice between life
and death.
"Among the many bioethical quandaries of our time, physician-assisted
suicide is perhaps the most disquieting. In response, Urofsky
has fashioned a succinct yet remarkably wide-ranging introduction
that clarifies this controversial topic. After sketching the
history of 'the right to die,' he leads us deftly through the
intricacies of recent court decisions. Throughout, he manages
to express sophisticated legal and ethical analysis in terms
that laypersons can readily understand."--Peter Filene,
author of In the Arms of Others: A Cultural History of the
Right-to-Die in America
"Urofsky puts the most complex legal and ethical issue
of our time into understandable, non-lawyer language."--Derek
Humphry, author of
Final Exit
MELVIN I. UROFSKY is professor of constitutional history
at Virginia Commonwealth University. Called by the Journal
of American History "our most prolific constitutional
historian," he is the author or editor of more than three
dozen books, including Letting Go: Death, Dying, and the Law
and Affirmative Action on Trial.
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