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Euthanasia in England: courts, committees and consistency

J Keown1

  • 1Queen's College, Cambridge, England.

Medicine and Law
|January 1, 1997
PubMed
Summary

This paper examines ethical approaches to human life valuation and finds English euthanasia law inconsistent. It argues the law prohibits intentional killing by act but permits it by omission, creating ethical and legal challenges.

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Area of Science:

  • Bioethics
  • Medical Law
  • Philosophy of Medicine

Background:

  • Ethical frameworks for valuing human life include Vitalism, Inviolability, and Worth.
  • English law on euthanasia presents a complex ethical landscape.
  • The Airedale NHS Trust v Bland case significantly influenced legal interpretations.

Purpose of the Study:

  • To analyze three competing ethical approaches to the valuation of human life.
  • To critique the moral and intellectual consistency of English euthanasia law.
  • To evaluate the House of Lords Select Committee on Medical Ethics' report regarding legal inconsistencies.

Main Methods:

  • Ethical analysis of Vitalism, Inviolability, and Worth.
  • Legal analysis of English euthanasia law, referencing key cases like Airedale NHS Trust v Bland.
Keywords:
Airedale NHS Trust v. BlandDeath and EuthanasiaHouse of Lords Select Committee on Medical EthicsLegal Approach

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  • Critical review of the House of Lords Select Committee on Medical Ethics' report.
  • Main Results:

    • English law exhibits inconsistency by prohibiting intentional killing by act while permitting it by omission.
    • The current legal framework for euthanasia in England is found to be morally and intellectually inconsistent.
    • The House of Lords Select Committee on Medical Ethics' report failed to resolve these legal inconsistencies.

    Conclusions:

    • There is a significant ethical and legal inconsistency in English euthanasia law.
    • The prohibition of intentional killing by act contrasts with the permission of intentional killing by omission.
    • Reforms are needed to address the inconsistencies in medical law concerning the intentional shortening of patient life.