Practical reasons and reasonable practice: the case of euthanasia in The Netherlands.
Since the early 1970s the issue of euthanasia has been intensely debated in The Netherlands. Through these debates knowledge about medical practices involving the end of life was no longer confined to medical or legal quarters, but became public to a large extent. Following public opinion changes, the legal reaction to euthanasia changed. By prosecuting test cases the public prosecutors allowed the Dutch Supreme Court to formulate specific conditions in which euthanasia would go unpunished. The political debate about changing the criminal law, which still holds that euthanasia is a serious crime, developed at a much slower pace. Several extensive empirical studies were undertaken to gain valid knowledge about the medical practices. This article is concerned with a presentation of the various debates and the changes that took place in the fields of criminal law, politics, and medicine. The main conclusion is the hypothesis that a more open climate for medical practices concerning the end of life allows society to better control these practices.
Hessing
D J
DJ
Faculty of Law, Erasmus University, P.O. Box 1738, 3000 DR Rotterdam, The Netherlands. hessing@soc.frg.eur.nl
Blad
J R
JR
Pieterman
R
R
D001290:Attitude; D001291:Attitude of Health Personnel; D003416:Criminal Law; D018864:Cultural Diversity; D003469:Culture; D036262:Empirical Research; D028601:Euthanasia, Active / Q000941:ethics / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D019983:Guideline Adherence; D006268:Health Facilities / Q000706:statistics & numerical data; D006801:Humans; D016365:Liability, Legal; D009426:Netherlands; D016134:Organizational Policy; D010820:Physicians / Q000331:legislation & jurisprudence* / Q000523:psychology*; D011057:Politics; D011639:Public Opinion; D011640:Public Policy; D012945:Social Values; D017236:Suicide, Assisted / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data