Abstract
The ability to take one’s own life was seemingly acceptable until approximately 400 BCE when it is reported that Greek philosopher Socrates condemned the practice. Plato recorded that Socrates believed that individuals were the property of the gods and their individual lives did not belong to them. Plato declared the practice of suicide “disgraceful” and recommended the “perpetrators” be buried in unmarked graves. This practice was followed by Jewish leaders, who refused to allow suicide victims to be buried in “hallowed ground.” The refusal of a “proper burial” was followed by Christians until as recently as 1983. Aristotle, in the 300s BCE believed suicide was harm to the state, as the state was denied the labor and productivity of the individual. Recently views and laws have changed on the issue of aid in dying. This is true in the United States and across the world. In this article, the author surveys the changes in the recent past in various states in the U.S. and in Switzerland, the Netherlands, Belgium, Albania, Norway, Italy, Australia and other countries. Undoubtedly the debate on the moral, ethical and legal issues will continue in the years ahead.
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Notes
- 1.
See Suicide, Stanford Encyclopedia of Philosophy; and Baton Rouge Crisis Intervention Center, The History of Suicide, Jacob Crouch Foundation. See also: Brody (1989), p. 15.
- 2.
Id.
- 3.
1961 http://www.legislation.gov.uk/ukpga/Eliz2/9-10/60 9 and 10 Eliz 2, see CHAPTER 60.
- 4.
See State Laws on Assisted Suicide, at: http://euthanasia.procon.org/view.resource.php?resourceID=000132; and the California law at: California Penal Code, Section 401. See also Hall (1996), footnote 23.
- 5.
- 6.
- 7.
Interestingly, Dr. Kevorkian received the nickname “Doctor Death” in 1956, long before he assisted any patients with death. It was his article entitled “The Fundus Oculi and the Determination of Death” that earned him the name. The article was published in the American Journal of Pathology in December 1956.
- 8.
Though originally known by the terminology “physician-assisted suicide” advocates now use the term “aid in dying,” while opponents generally use the term “euthanasia.”
- 9.
For a brief history of Dr. Jack Kevorkian’s life, see http://www.pbs.org/wgbh/pages/frontline/kevorkian/chronology.html. For a “Kevorkian Chronology,” see Nightingale Alliance Euthanasia Opposition, at http://www.nightingalealliance.org/cgi-bin/home.pl?article=120.
- 10.
See Fields-Meyer (1998). Mr. Youk had earlier died on September 17, 1998.
- 11.
In 2010, HBO aired a film by Barry Levinson entitled “You Don’t Know Jack” about Dr. Kevorkian. Al Pacino, who played him, received both a Golden Globe award and an Emmy award for his portrayal.
- 12.
See, for example, http://www.usccb.org/prolife/programs/rlp/03rlgloth.shtml.
- 13.
Bruce et al. (2006).
- 14.
Olsen et al. (2010).
- 15.
Kahn et al. (2003).
- 16.
Prior to passage, both the states of Washington (Ballot Initiative 119—defeated by a vote of 54% to 46%) and California (Proposition 161—defeated by a vote of 54% to 46%) voted on but did not pass aid in dying laws.
- 17.
Oregon Constitution, Article IV, Section 1 (2).
- 18.
Professor Vollmar has a website entitled “Physician-Assisted Death,” located at: http://www.willamette.edu/wucl/faculty/profiles/vollmar_pad/index.php.
- 19.
Masci (2007).
- 20.
For an excellent resource, see Ethics in Medicine, Physician-Aid-in-Dying, the University of Washington School of Medicine, at http://depts.washington.edu/bioethx/topics/pad.html#ques5.
- 21.
Lee v. State of Oregon, 107F. 3d 1382 (9th Cir. 1997), vacating and remanding Lee v. State of Oregon, 891F. Supp. 1429 (D. Or. 1995), cert. den. Lee v. Harcleroad, 522 U.S. 927 (Oct. 14, 1997).
- 22.
Coleson (1997), pp. 3–99.
- 23.
See Palmer (1998).
- 24.
The U.S. Conference of Catholic Bishops have issued a report by F. Michael Gloth, III, M.D., entitled Physician-assisted Suicide: the Wrong Approach to End of Life Care.
- 25.
An excellent history of the Measure as well as arguments both in favor and in opposition is available at: http://www.leg.state.or.us/comm/commsrvs/51final.pdf.
- 26.
Available at: http://www.leg.state.or.us/ors/127.html.
- 27.
See Gonzales v. Oregon, 546 U.S. 243 (2006), p. 253.
- 28.
See Goodman (2007).
- 29.
For an excellent discussion of this issue, see The Pew Forum on Religion and Public Life, Supreme Court’s Decision in Gonzales v. Oregon: High Court Rejects Federal Regulation of Physician-Assisted Suicide, January 2006.
- 30.
See: CD Summary, Oregon Public Health Division, Oregon Health Authority (2011).
- 31.
For all of these data, see: Oregon Public Health Division (1998–2010).
- 32.
See statistics reported by the Washington State Department of Health, available at: http://www.doh.wa.gov/dwda/.
- 33.
Jones (2008).
- 34.
See, for example, Dore (2010).
- 35.
See Blewett and Barrett (2011).
- 36.
See http://data.opi.mt.gov/bills/2011/billhtml/SB0167.htm. This was tabled by Committee on February 10, 2011.
- 37.
Ebbott (2010).
- 38.
See Mendick and Randhawa (2009).
- 39.
See PBS, Frontline, The Suicide Tourist, available at: http://www.pbs.org/wgbh/pages/frontline/suicidetourist/.
- 40.
- 41.
Cohen-Almagor (2001–2002).
- 42.
Smets et al. (2009).
- 43.
Owen (2009).
- 44.
See Italian Cinema Great Mario Monicelli Kills Himself, bbc news, Nov. 30, 2010. Available at: http://www.bbc.co.uk/news/world-europe-11873511.
- 45.
New Guidance on Assisted Suicide, bbc news, Sept. 20, 2009. Available at: http://news.bbc.co.uk/2/hi/uk_news/8265304.stm.
- 46.
Jensma (2010).
- 47.
- 48.
- 49.
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Murphy, A. (2012). Aid in Dying: United States and Around the World. In: Doron, I., Soden, A. (eds) Beyond Elder Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-25972-2_9
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