Cover: The Law of Life and Death, from Harvard University PressCover: The Law of Life and Death in HARDCOVER

The Law of Life and Death

Add to Cart

Product Details

HARDCOVER

$34.50 • £27.95 • €31.00

ISBN 9780674051041

Publication Date: 04/01/2011

Short

320 pages

6-1/8 x 9-1/4 inches

World

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.

Recent News

From Our Blog

Jacket: The Number of the Heavens: A History of the Multiverse and the Quest to Understand the Cosmos, by Tom Siegfried, from Harvard University Press

Q&A with Tom Siegfried, author of The Number of the Heavens: A History of the Multiverse and the Quest to Understand the Cosmos

In The Number of the Heavens, Tom Siegfried, the award-winning former editor of Science News, shows that one of the most fascinating and controversial ideas in contemporary cosmology—the existence of multiple parallel universes—has a long and divisive history that continues to this day. We spoke to him about the possible existence of a multiverse and the co

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.