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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Pace University

1989

Health Law and Policy

Discipline

Articles 1 - 2 of 2

Full-Text Articles in Law

Review Of Families And The Gravely Ill: Roles, Rules, And Rights, Vanessa Merton Apr 1989

Review Of Families And The Gravely Ill: Roles, Rules, And Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman Jan 1989

Privacy And Personhood Revisited: A New Framework For Substitute Decisionmaking For The Incompetent, Incurably Ill Adult, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article is thus an exploration of the essentials of the human personhood in community, both the intimate community of family and close friends and the larger, more impersonal community of hospitals and health care providers, courts, legislatures, and lawyers. After undertaking an analysis of the sources of the autonomy model for decisionmaking in this area and the negative consequences of an exclusive reliance on that model, this Article will propose a new moral, legal, and medical framework for making medical treatment decisions for incompetent incurably ill adults. This model both provides maximum opportunities for each individual to determine for …