My aim is to provide the foundation for a theory about the duty to prevent harm by investigating how this duty compares and contrasts with the duty not to cause harm. I begin by addressing the moral significance of the difference between killing (causing harm) and letting die (refraining from preventing harm), arguing that neither of the prevalent and rival views ('killing is inherently worse than letting die', and 'killing and letting die are, other things equal, morally equivalent') is entirely acceptable. By analyzing the notion of a morally significant difference I argue that these views are only contrary. I then develop an alternative view which locates the difference between killing and letting die at the level of the general moral prohibitions against such acts, and is grounded on a difference in the 'strength' or 'type' of reason that can justify violations of those prohibitions in relevantly similar circumstances. This account is summarized into three intermediate principles. To develop these principles into a general theory, I introduce and clarify the distinction between negative and positive duties, arguing that it is independent of the distinction between negative and positive acts. After exploring the grounds for and against recognizing the significance of the former distinction, I conclude that while it is significant, and that negative duties are in some sense stricter than positive duties, the prevalent interpretation of "stricter" and its corresponding moral principle are unacceptable. I then develop an alternative definition and a theory entailing (a) that while causing harm is sometimes morally worse than failing to prevent harm (other things equal), it is not always worse, (b) the cases in which it is worse are cases in which the agent's negative or positive duty conflicts with another morally relevant consideration, and (c) that negative duties are stricter than positive duties in that the former are more difficult to justifiably violate. Finally, I defend this theory as one which captures the strong points of the rival views, while escaping their problems, and thus provides both a resolution to the current debates and the foundation for a complete analysis of the duty to prevent harm.

Thesis (M.F.A.)--Bowling Green State University, 2010. / Document formatted into pages; contains vi, 45 p. Includes bibliographical references.

林志堅. / "2013年9月". / "2013 nian 9 yue". / Thesis (Ph.D.)--Chinese University of Hong Kong, 2013. / Includes bibliographical references (leaves 280-303). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract in Chinese and English. / Lin Zhijian.

Thesis (LLM)--University of Stellenbosch, 2006. / Bibliography. Also available via the Internet.

The topic of this study, euthanasia, has become a modern-day issue that challenges some of societies traditionally held beliefs towards death and dying. This study drew upon the theoretical insights of Michel Foucault to provide a discursive analysis of the term euthanasia, and the issues surrounding the "right-to-die". It involved an analysis of primary texts from; nursing, general, and legal literature as well as the media between the years 2002-2004. Drawing upon data researched, the study analyses the main discourses regarding the practice of euthanasia for terminally ill individuals. The two competing discourses that emerged were what I have termed the sanctity-of life-discourse and the right-to-die discourse. The aim of the study was to uncover the discourses understanding of "truth" regarding the right-to-die. The analysis revealed that a small percentage of cancer sufferers (5%) die with their pain insufficiently treated and the right-to-die discourse claims that no individual should have to suffer needlessly, asserting the individuals right to autonomy. Directly opposing this is the sanctity-of life-discourse which states all life is sacred and nothing can justify euthanasia as an acceptable practice in society. My findings indicate the need for effective palliative care and pain management when caring for the terminally ill individual. The legal, ethical and moral implications of euthanasia are many and this study discusses the effects these may have on health professionals involved with the care of terminally ill patients. The study revealed an increasing deployment of the right-to-die discourse in the media and revealed concerns regarding the nursing professions lack of preparation to deal with euthanasia if it becomes a legal option in end of life care.

The topic of this study, euthanasia, has become a modern-day issue that challenges some of societies traditionally held beliefs towards death and dying. This study drew upon the theoretical insights of Michel Foucault to provide a discursive analysis of the term euthanasia, and the issues surrounding the "right-to-die". It involved an analysis of primary texts from; nursing, general, and legal literature as well as the media between the years 2002-2004. Drawing upon data researched, the study analyses the main discourses regarding the practice of euthanasia for terminally ill individuals. The two competing discourses that emerged were what I have termed the sanctity-of life-discourse and the right-to-die discourse. The aim of the study was to uncover the discourses understanding of "truth" regarding the right-to-die. The analysis revealed that a small percentage of cancer sufferers (5%) die with their pain insufficiently treated and the right-to-die discourse claims that no individual should have to suffer needlessly, asserting the individuals right to autonomy. Directly opposing this is the sanctity-of life-discourse which states all life is sacred and nothing can justify euthanasia as an acceptable practice in society. My findings indicate the need for effective palliative care and pain management when caring for the terminally ill individual. The legal, ethical and moral implications of euthanasia are many and this study discusses the effects these may have on health professionals involved with the care of terminally ill patients. The study revealed an increasing deployment of the right-to-die discourse in the media and revealed concerns regarding the nursing professions lack of preparation to deal with euthanasia if it becomes a legal option in end of life care.

Thesis (M.A.)--Trinity Evangelical Divinity School, Deerfield, Ill., 1999. / Abstract. Includes bibliographical references (leaves 98-104).

This dissertation examines Peter Singer's proposed ethical value of the "person" in Rethinking Life and Death . Chapter 1 introduces and outlines Singer's proposal, which argues for abortion, infanticide, euthanasia, and assisted suicide. His proposal consists of four key points. First, there is the foundation for his proposal--rejecting creation for evolution. Second, there is the substance of his proposal--replacing the value of the "human" with the value of the "person." Third, there is the criteria for his proposal--using "indicators" and "relevant characteristics" to identify the kinds of beings who qualify as "persons." Fourth, there are the consequences of his proposal--promising an ethical "Copernican Revolution." Chapters 2-5 critically evaluate the four key ideas from Singer above. The evaluation of the respective key idea in each chapter covers five steps: (1) the context of Singer's proposal; (2) the content of Singer's proposal; (3) positive evaluation; (4) negative critique; and (5) conclusion. The research methodology for the dissertation is to treat Singer's ethical proposal on the "person" as a hypothesis to be tested by his own truth standards of logical consistency, empirical evidence, and practicality. Following these four key chapters, Chapter 6 provides "Summary and Conclusions." The conclusion of this dissertation is that Peter Singer's proposal on life and death is not to be commended because its key elements are not supported by his own standards for testing truth. In fact, when examined by his own truth tests, Singer's program should be rejected because its foundation is faulty, its substance is illusory, its criteria are circular, and its consequences would be grave. / This item is only available to students and faculty of the Southern Baptist Theological Seminary. If you are not associated with SBTS, this dissertation may be purchased from <a href="http://disexpress.umi.com/dxweb">http://disexpress.umi.com/dxweb</a> or downloaded through ProQuest's Dissertation and Theses database if your institution subscribes to that service.

The purpose of this study was to investigate the process used by Haitians and Haitian Americans who must make healthcare decisions for a terminally ill family member. There is a large population of Haitians and Haitian Americans in South Florida and there has been no research regarding their decision-making process about end-of-life healthcare. The study design was descriptive, applying constructivist grounded theory methodology. Data were collected using semi-structured, face-to-face qualitative interviews. Data analysis and collection occurred simultaneously. Participants (n=12) were purposefully recruited, with 11 from a single, faith-based community. The findings resulted in six concepts: (1) imminent or actual death, (2) disrupted unity, (3) managing disrupted unity, (4) consequences, (5) restoring unity, and (6) creating memories you can live with. These six concepts, elaborated by an additional 17 dimensions, were incorporated into a process model relating to the cultural value of communal unity to the end-of-life decision-making process. The implications of this study include a need to improve the congruence between the nursing care provided at this vulnerable time and the cultural values of this population. Successful access to this population through the structure of the faith-based community points the way to increasing access to appropriate end-of-life healthcare. Practice implications informed by caring science include the importance of nurses’ coming to know the family and listening to the unique care needs. / Includes bibliography. / Dissertation (Ph.D.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection

The dissertation critically examines and compares the decisions of the Constitutional Court and the High Courts in cases dealing with the right to life, as contained in section 11 of the Constitution of South Africa Act 108 of 1996. The dissertation analysis the issues of adjudication and the concept of justice in perspective. The main question is as follows: Are the Constitutional Court decisions objective, based on the interpretation of the constitutional text, or do they rather reflect the individual judge(s) personal perspective(s) or preference(s). The purpose of this dissertation is to undertake a comparative study and analysis of the Constitutional Court decisions on the right to life, same aspect from different perspective, and show that the right to life is not given proper effect to on account of the subjective approach to its interpretation undertaken by the judges. It examines and scrutinises the Constitutional Court’s adjudication process. It found that the law is indeterminable, because the court’s decisions are not based on the interpretation of the law, but on the individual judges’ background and personal preferences. This is so because the court uses the majority rule principle in its decisions: The perception of the majority of the judges becomes a decision of the court. It is argued that when taking a decision a judge does not apply the law but instead uses the law to justify his predetermined decision on the matter. The conclusion supports the critical legal scholars’ theory relating to the indeterminacy of the law. It tests the objectivity of the judges using their own previous decisions. / Criminal & Procedural Law / LLM