Physician-Assisted Suicide: New Protocol for a Rightful Death

Nebraska Law Review, Vol. 77, pp. 229-280, 1998

53 Pages Posted: 27 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Gerald A. Madek

Bentley University - Department of Law

Date Written: October 25, 1998

Abstract

An age-old dilemma plays out in the litigation surrounding physician-assisted suicide practices. It highlights the need to balance the rights of the individual with the expectations, goals, and values of society; but in a society as committed to individual autonomy as the United States, whose promise has been the right to control their own destinies, this conflict becomes central to preserving our heritage. We have attempted to negotiate between conflicting rights many times in judicial history. Such negotiations are rarely satisfactory to either side since it is a zero-sum outcome. In this history of negotiations calling for calibrating the line between individual and collective rights, nothing has been more contentious than whether there is a constitutional right to engage in physician-assisted suicide, notwithstanding the controversy over the constitutional right of privacy for women seeking abortions.

Suggested Citation

O'Brien, Christine Neylon and Madek, Gerald A., Physician-Assisted Suicide: New Protocol for a Rightful Death (October 25, 1998). Nebraska Law Review, Vol. 77, pp. 229-280, 1998, Available at SSRN: https://ssrn.com/abstract=1494089

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

Gerald A. Madek

Bentley University - Department of Law ( email )

United States

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