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This paper discusses John Keown's argument whereby the available data concerning the practice... more This paper discusses John Keown's argument whereby the available data concerning the practice of assisted dying in the Netherlands and in Oregon proves that the laws and guidelines adopted to prevent unlawful abuses are clearly ineffective. In his opinion, the main issues concern the following safeguards: request; type of suffering; consultation and reporting procedure. However, a close scrutiny of Keown's empirical remarks will show that his conclusions are erroneous as they rely on a misinterpretation either of specific provisions (e.g. unbearable suffering in the Netherlands) or of the evidence taken into account (e.g. request and consultation in the Netherlands; reporting in Oregon). A correct understanding of both the regulatory regimes in place and the existing empirical data will demonstrate that in both countries there is a good rate of compliance with most of those safeguards; whilst it cannot be proved that a limited percentage of non-compliance with certain requir...
The analysis put forward in this work is aimed at providing evidence that, in the UK, appealing t... more The analysis put forward in this work is aimed at providing evidence that, in the UK, appealing to the concepts of nature and (un)naturalness in the context of end-of-life decisions is neither morally nor legally desirable. Through inquiring into the function and meaning of these ideas, it will be determined what consequences derive from their use, and why such implications raise concern. In particular, with regard to the moral analysis it will be shown that all the interpretations given to these concepts prove to be flawed, either because they lack conceptual autonomy or because they rely on unrealistic or morally irrelevant definitions of nature and (un)naturalness; or again, as in the case of natural law, because they are not coherent with their theoretical foundations, and, even worse, they come up to unpleasant approaches to medical ethics, such as vitalism. Similarly, the legal relevance of the concepts of nature and (un)naturalness proves to be particularly flimsy. They are n...
This paper discusses John Keown’s argument whereby the available data concerning the practice of ... more This paper discusses John Keown’s argument whereby the available data concerning the practice of assisted dying in the Netherlands and in Oregon proves that the laws and guidelines adopted to prevent unlawful abuses are clearly ineffective. In his opinion, the main issues concern the following safeguards: request; type of suffering; consultation and reporting procedure. However, a close scrutiny of Keown’s empirical remarks will show that his conclusions are erroneous as they rely on a misinterpretation either of specific provisions (e.g. unbearable suffering in the Netherlands) or of the evidence taken into account (e.g. request and consultation in the Netherlands; reporting in Oregon). A correct understanding of both the regulatory regimes in place and the existing empirical data will demonstrate that in both countries there is a good rate of compliance with most of those safeguards; whilst it cannot be proved that a limited percentage of non-compliance with certain requirements (...
In this paper, it is submitted that Sections 24-26 of the Mental Capacity Act 2005 have fallen sh... more In this paper, it is submitted that Sections 24-26 of the Mental Capacity Act 2005 have fallen short of achieving their goals, and should therefore be subject to focused reform. These statutory provisions were aimed at clarifying the scope of the pre-exiting criteria used by common law to establish the existence, validity and applicability of advance refusals of treatment; and at making sure these criteria were applied coherently with the autonomy-based approach that informs the Act. However, the analysis of these Sections as well as of the relevant case law reveals the issues that prevent those objectives from being accomplished. By not introducing clear and explicit presumptions of validity and applicability of the advance decisions, and of capacity of the creator, this piece of law has not effectively tackled the courts’ tendency to adopt a paternalistic approach towards precedent autonomy. Yet, these provisions have established a liability regime for those disregarding advance d...
Biolaw Journal Rivista Di Biodiritto, Feb 28, 2015
This paper discusses John Keown's argument whereby the available data concerning the practice... more This paper discusses John Keown's argument whereby the available data concerning the practice of assisted dying in the Netherlands and in Oregon proves that the laws and guidelines adopted to prevent unlawful abuses are clearly ineffective. In his opinion, the main issues concern the following safeguards: request; type of suffering; consultation and reporting procedure. However, a close scrutiny of Keown's empirical remarks will show that his conclusions are erroneous as they rely on a misinterpretation either of specific provisions (e.g. unbearable suffering in the Netherlands) or of the evidence taken into account (e.g. request and consultation in the Netherlands; reporting in Oregon). A correct understanding of both the regulatory regimes in place and the existing empirical data will demonstrate that in both countries there is a good rate of compliance with most of those safeguards; whilst it cannot be proved that a limited percentage of non-compliance with certain requir...
The analysis put forward in this work is aimed at providing evidence that, in the UK, appealing t... more The analysis put forward in this work is aimed at providing evidence that, in the UK, appealing to the concepts of nature and (un)naturalness in the context of end-of-life decisions is neither morally nor legally desirable. Through inquiring into the function and meaning of these ideas, it will be determined what consequences derive from their use, and why such implications raise concern. In particular, with regard to the moral analysis it will be shown that all the interpretations given to these concepts prove to be flawed, either because they lack conceptual autonomy or because they rely on unrealistic or morally irrelevant definitions of nature and (un)naturalness; or again, as in the case of natural law, because they are not coherent with their theoretical foundations, and, even worse, they come up to unpleasant approaches to medical ethics, such as vitalism. Similarly, the legal relevance of the concepts of nature and (un)naturalness proves to be particularly flimsy. They are n...
This paper discusses John Keown’s argument whereby the available data concerning the practice of ... more This paper discusses John Keown’s argument whereby the available data concerning the practice of assisted dying in the Netherlands and in Oregon proves that the laws and guidelines adopted to prevent unlawful abuses are clearly ineffective. In his opinion, the main issues concern the following safeguards: request; type of suffering; consultation and reporting procedure. However, a close scrutiny of Keown’s empirical remarks will show that his conclusions are erroneous as they rely on a misinterpretation either of specific provisions (e.g. unbearable suffering in the Netherlands) or of the evidence taken into account (e.g. request and consultation in the Netherlands; reporting in Oregon). A correct understanding of both the regulatory regimes in place and the existing empirical data will demonstrate that in both countries there is a good rate of compliance with most of those safeguards; whilst it cannot be proved that a limited percentage of non-compliance with certain requirements (...
In this paper, it is submitted that Sections 24-26 of the Mental Capacity Act 2005 have fallen sh... more In this paper, it is submitted that Sections 24-26 of the Mental Capacity Act 2005 have fallen short of achieving their goals, and should therefore be subject to focused reform. These statutory provisions were aimed at clarifying the scope of the pre-exiting criteria used by common law to establish the existence, validity and applicability of advance refusals of treatment; and at making sure these criteria were applied coherently with the autonomy-based approach that informs the Act. However, the analysis of these Sections as well as of the relevant case law reveals the issues that prevent those objectives from being accomplished. By not introducing clear and explicit presumptions of validity and applicability of the advance decisions, and of capacity of the creator, this piece of law has not effectively tackled the courts’ tendency to adopt a paternalistic approach towards precedent autonomy. Yet, these provisions have established a liability regime for those disregarding advance d...
Biolaw Journal Rivista Di Biodiritto, Feb 28, 2015