TY - BOOK AU - Foley,Elizabeth Price TI - The Law of Life and Death SN - 9780674051041 AV - KF3827.D4 U1 - 344.7304/19 PY - 2011///] CY - Cambridge, MA : PB - Harvard University Press, KW - Death KW - Proof and certification KW - United States KW - Euthanasia KW - Law and legislation KW - Life and death, Power over KW - Decision making KW - Moral and ethical aspects KW - Right to die KW - Right to life KW - LAW / Science & Technology KW - bisacsh N1 - Frontmatter --; Contents --; Introduction --; 1. Statutory and Common Law Life --; 2. Constitutional Life --; 3. Cardiopulmonary Death --; 4. Brain Death --; 5. Constitutional Death --; 6. Not Dead Yet --; 7. Unbeing Dead Isn't Being Alive --; Notes --; Acknowledgments --; Index; restricted access; Issued also in print N2 - Are you alive? What makes you so sure? Most people believe this question has a clear answer-that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.Foley reveals that "not being dead" is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The ";right to die,"; Foley worries, may be morphing slowly into an obligation to die.Foley's balanced, accessible chapters explore the most contentious legal issues of our time-including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives-across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours UR - https://doi.org/10.4159/harvard.9780674060906?locatt=mode:legacy UR - https://www.degruyter.com/isbn/9780674060906 UR - https://www.degruyter.com/cover/covers/9780674060906.jpg ER -