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Charles H. Baron

Right to die

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Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron Aug 2013

Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron

Charles H. Baron

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …


On Knowing One's Chains And Decking Them With Flowers: Limits On Patient Autonomy In "The Silent World Of Doctor And Patient", Charles Baron Aug 2013

On Knowing One's Chains And Decking Them With Flowers: Limits On Patient Autonomy In "The Silent World Of Doctor And Patient", Charles Baron

Charles H. Baron

In this article Professor Baron continues the debate started by Jay Katz in his book "The Silent World of Doctor and Patient" on the necessity of exploring further patients' reasons for refusing treatment.


Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron Dec 2003

Life And Death Decision-Making: Judges V. Legislators As Sources Of Law In Bioethics, Charles Baron

Charles H. Baron

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the “right to die.” When confronted with the problems presented by mid-Twentieth Century technological advances in prolonging human life, American legislators were slow to act. It was the state common law courts, beginning with Quinlan in 1976, that took primary responsibility for gradually crafting new legal principles that excepted withdrawal of life-prolonging treatment from the application of general laws dealing with homicide and suicide. These courts, like the …


On Knowing One's Chains And Decking Them With Flowers: Limits On Patient Autonomy In 'The Silent World Of Doctor And Patient', Charles Baron Dec 1986

On Knowing One's Chains And Decking Them With Flowers: Limits On Patient Autonomy In 'The Silent World Of Doctor And Patient', Charles Baron

Charles H. Baron

In this article Professor Baron continues the debate started by Jay Katz in his book "The Silent World of Doctor and Patient" on the necessity of exploring further patients' reasons for refusing treatment.