At Liberty to Die: The Battle for Death with Dignity in America

At Liberty to Die: The Battle for Death with Dignity in America

by Howard Ball
At Liberty to Die: The Battle for Death with Dignity in America

At Liberty to Die: The Battle for Death with Dignity in America

by Howard Ball

Paperback(Reprint)

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Overview

"Ball's arguments are concise, compelling, and backed with considerable case law. This volume is highly recommended for upper-level undergraduates and above in law, philosophy, and the medical humanities interested in the 'right to die' debates. Summing up: Highly recommended." —Choice


Over the past hundred years, average life expectancy in America has nearly doubled, due largely to scientific and medical advances, but also as a consequence of safer working conditions, a heightened awareness of the importance of diet and health, and other factors. Yet while longevity is celebrated as an achievement in modern civilization, the longer people live, the more likely they are to succumb to chronic, terminal illnesses. In 1900, the average life expectancy was 47 years, with a majority of American deaths attributed to influenza, tuberculosis,
pneumonia, or other diseases. In 2000, the average life expectancy was nearly
80 years, and for too many people, these long lifespans included cancer, heart failure, Lou Gehrig’s disease, AIDS, or other fatal illnesses, and with them,
came debilitating pain and the loss of a once-full and often independent lifestyle. In this compelling and provocative book, noted legal scholar Howard
Ball poses the pressing question: is it appropriate, legally and ethically, for a competent individual to have the liberty to decide how and when to die when faced with a terminal illness?

At Liberty to Die charts how, the right of a competent, terminally ill person to die on his or her own terms with the help of a doctor has come deeply embroiled in debates about the relationship between religion, civil liberties, politics, and law in American life.
Exploring both the legal rulings and the media frenzies that accompanied the
Terry Schiavo case and others like it, Howard Ball contends that despite raging battles in all the states where right to die legislation has been proposed, the opposition to the right to die is intractable in its stance. Combining constitutional analysis, legal history, and current events, Ball surveys the constitutional arguments that have driven the right to die debate.


Product Details

ISBN-13: 9781479869572
Publisher: New York University Press
Publication date: 07/01/2013
Edition description: Reprint
Pages: 224
Product dimensions: 6.00(w) x 9.00(h) x 0.70(d)

About the Author

Howard Ball is Emeritus Professor of Political Science and UniversityScholar at the University of Vermont and Adjunct Professor of Law at Vermont Law School.

Table of Contents

Acknowledgments ix

Introduction 1

1 The Changing Nature of Death in America 13

2 The Plight of the Incompetent Patient in a "Permanent Vegetative State" (PVS) 27

3 Terri Schiavo's Tragic Odyssey, 1990-2005 51

4 What Freedom Do We Have to Die with Dignity? The U.S. Supreme Court Decides, 1997 67

5 The Second Path to PAD: Passing Legislation Allowing Death with Dignity 105

6 The Pioneering PAD States: Oregon and Washington 131

7 Americas Transplants 163

Notes 173

Cases Cited 205

Bibliography 207

Index 217

About the Author 229

What People are Saying About This

From the Publisher

Ball here makes an important contribution to the growing literature on end-of-life issues with this legal history of the right to die in America....Law and political science students, along with activists, will find this a helpful book owing to its careful analysis of legislative and judicial actions across different states over the last 15 years as well as its careful delineation of the legal issues that animate debates over physician-assisted death."-Library Journal,

"Comprehensive, thoroughly engrossing, surprisingly balanced! At Liberty to Die is certain to become the definitive history of the wrenching debate over physician assisted death. Highly recommended!"-Tinsley E. Yarbrough,Emeritus professor of Political Science, East Carolina University

"A comprehensive and engaging history of the legal and political battles in courts and legislatures to recognize terminally-ill individuals' 'right to die with dignity.' A timely and informed contribution to an important and growing debate." -David M. O'Brien,Spicer Professor, Department of Politics, University of Virginia

"Professor Ball provides an informative, thoughtful, and well-documented analysis...deftly set against a portrayal of the changing nature of death and dying in America—especially the locus of death and its attendant circumstances—a back story that is essential for understanding the impetus undergirding rights claims during this period."-Daniel Hillyard,Southern Illinois University Carbondale

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