Law, immunization and the right to die / Jennifer Hardes.
2016
K3611.E95 H37 2016 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Law, immunization and the right to die / Jennifer Hardes.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2016.
Call Number
K3611.E95 H37 2016
ISBN
9781138943209 (hbk)
1138943207 (hbk)
9781315672656 (ebk)
1315672650
1138943207 (hbk)
9781315672656 (ebk)
1315672650
Description
x, 173 pages ; 24 cm
System Control No.
(OCoLC)919480827
Note
"A GlassHouse Book."
Bibliography, etc. Note
Includes bibliographical references (pages 151-164) and index.
Record Appears in
Gift
Purchased from the income of the Silver Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Silver Fund
Table of Contents
Acknowledgements
viii
Table of Cases
ix
Introduction: Immunized Life
1
Immunization and Assisted Death
6
Chapter Outline
9
1.
Assisted Dying as a Problem of Community
12
Good Life, Immunization and Community
13
Neoliberalism and a Crisis of Community
16
Law and Neoliberal Immunization
21
Law's Neoliberal Fictions
27
Immune Person and the Immune Society
31
2.
Vulnerable Persons and Relations of Enmity
37
Enemies and the Proper
39
Law as Norm
41
Vulnerability
44
Making "Proper" Subjects
51
Enmity and Vulnerability for the Sake of Immunity
55
3.
Inviolable Persons
57
Omissions and Letting Die
57
Acts and Making Die
59
Outsiders and Immune Persons
62
Constructing the Outsider through Medical Techniques
62
Norms of Life, Personalization and the Immune Society
66
Protecting Each and All: The Fiction of the Immune Society
67
Subtle Depersonalizations
69
Protecting (Some) Outsiders: Immunizing Medical Practitioners
71
Medicine, Immunity and Death
75
Conclusion
77
4.
Security of Persons and of Society
80
Security of Persons and of Society
81
Securing a Balance between the Interests of the Individual and Society
87
Positive Obligations and Non-Interference
89
Security Versus Liberty
93
Dangers of an Immune Society
97
Conclusion
98
5.
Freedom from Dependent Relations
102
Death with Dignity: Freedom from Dependency
103
Norms and Dependency
105
Immune Persons
106
Immune Society
109
Law's Denial of Appeals to Freedom from Dependent Relations
112
Law's Benevolence
112
Law is not Benevolent: How Law Reinforces Social Norms
115
Categories of Persons in Assisted Dying Cases
115
Neoliberal Law's Paradox of Assisted Dying
120
Conclusion
121
Conclusion: Three Theses for an Affirmative Politics of Assisted Death
125
What is an Affirmative Politics?
127
Common Immunity
129
Third Person Politics
130
Three Theses
131
Thesis One
Responsiveness of Law or Law as Critique
132
Expectations of Law
134
Challenging Social Norms
135
Innovations in Precedent
135
Second Thesis
Law as a Third Person Politics
137
Critique of "Rights"
137
Breaking down Binaries
139
Replacing Judges with Justices
142
Multiplying Social Norms and Subject Positions
142
Opening Up Who Can Assist with Death
146
Third Thesis
Affirmative Law is an Open, Risky Law
147
References
151
Index
165