- Email: [email protected]
Endings and Beginnings: Law, Medicine, and Society in Assisted Life and Death
846
Book reviews / Journal of Government Information 28 (2001) 815 – 848
second chapter provides a summary of the debate. Topics covered include the necessity of linking women’s human rights with their health, the need to socialize boys at an early age to treat girls as equals, and the importance of involving women up to the highest level of health service planning. Women do not seek help early enough, and in many countries treating them is a low priority. They suffer diseases of poverty such as tuberculosis, malaria, depression, anxiety, and HIV/AIDS. The third section lists 48 recommendations regarding occupational and environmental health, sexual and reproductive health, controlling disease, mental health, health reform and financing, the capacity for building health personnel, and quality of care. The fourth section, erroneously labeled as the third section, describes the framework for designing national health policies with an integrated gender perspective. This section defines the differences between gender and sex, stating that gender addresses the social as well as the biological differences between men and women. It examines how women’s and men’s health concerns are different and how they are similar. There is a gender bias in research and in the delivery of health care. Women need to be included in research studies in order for the health sector to develop appropriate indicators for measuring aspects of women’s health and quality of life. Gender blindness in health care and research leads to gender bias. Women in the United States have fought for equality for years, and some believe that there is still much to be done. However, in many countries, women are not only treated as less than equal, they are treated as less than human. Works such as the four examined here are important for raising public awareness about women’s sexual and reproductive rights. These four would all be appropriate for public and academic libraries. A Time Between would also be suitable for a high school library. Violence Against Girls and Women, on the other hand, includes graphic descriptions of some of the more horrible fates suffered by women in developing countries, many of which are personal testimonies. All of them are written at a level for the general public. Carol Ann Borchert University of South Florida Tampa Campus Library 4202 E. Fowler Avenue Tampa, FL 33620-5400, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 1 ) 0 0 3 3 9 - 2
Endings and Beginnings: Law, Medicine, and Society in Assisted Life and Death Larry I. Palmer. (2000). Westport, CT: Praeger Publishers. 143pp. ISBN 0-275-96681-X. US$39.95 It is ironic that recently the National Institutes of Health, a department within the United States government, made an announcement on the use of human embryos in medical research. The new rules permit federally funded researchers to conduct research on cells obtained from private sources, such as fertility clinics, after undergoing a stringent approval process. This issue is controversial for several reasons. Some are concerned because they consider embryos to be human life, and they simply do not believe that medical research
Book reviews / Journal of Government Information 28 (2001) 815 – 848
847
should be conducted on humans. Members of anti-abortion groups, who also consider embryos human, are upset because the embryos are being destroyed. Medical researchers, however, welcome the new rules because of what President Clinton called the ‘‘potentially staggering benefits of this research’’ (Wade, 2000). There is no denying that the question of experimenting with human embryos, and indeed, the broader issue of assisted reproduction, is an emotional one. In this book, Palmer asks readers to step back from emotions and to try to separate feelings from the issues. Does US society really want to legislate and/or litigate human life? Palmer argues that this is a legitimate role for US legislatures and not for the courts. While legislatures may be the appropriate institutional forum to deal with medicine, it is difficult to imagine resolving such a complex issue by only focusing on the rights of individuals. It is necessary to investigate the roles of the physicians, and the relationships between physicians and patients, as well. Throughout this book, the author uses examples of physician-assisted reproduction and death to illustrate this point of view. Aside from the brief introduction, the book is divided into two parts. Part 1 investigates the role that the law has played in daily lives. This includes legislative and regulatory processes as well as the courts. The discussions are brief, covering a wide variety of topics such as human medical research, assisted reproduction, abortion, and suicide. By citing numerous court cases and reviewing legal developments, the author provides an overview of the current state of affairs in the United States relating to these issues. In many cases, such as the patient’s ‘‘right’’ to choose, it is a question about constitutionality. A person may believe that choosing one’s own time of death is a right guaranteed by the constitution, but this belief has not been supported by the United States Supreme Court. The most publicized personality at the center of this debate, of course, is Dr. Jack Kevorkian, who was convicted of murder and is currently serving a sentence of 10 to 25 years at the state prison in Michigan. By reviewing the legal history of Kevorkian and others, the reader begins to understand the complex nature of the relationships between medicine, law, and life. Part 2 embarks on a more in-depth discussion into the role that the physician plays in one’s dying. This is really at the heart of the argument, and the author does an admirable job of reviewing court cases and legislation surrounding the topic of assisted suicide. Here, the courts have drawn a distinction between withholding or withdrawing treatment and actually taking some action (such as prescribing barbiturates) to relieve a patient’s suffering. Laws have been in place for many years to guide physicians in determining how and when to withdraw medical care to an unconscious patient. However, difficulties arise for both patients and physicians in managing a patient’s conscious decision to decline treatment. The author presents a point of view that many readers may never have considered. What legal rights should a physician have? Should doctors be free to prescribe medication to alleviate pain even when it may shorten a life or be abused by a patient? A stated goal of this book is to explain ‘‘why society should resist the tendency to look to science and law for a resolution of intimate matters, such as how our children are born and how we die.’’ The author does an excellent job of framing the questions that need to be addressed to find the answers. Throughout the book, Palmer provides a glimpse into the benefits of using legislatures to form public policy and the dangers of using courts to resolve
848
Book reviews / Journal of Government Information 28 (2001) 815 – 848
these issues. A selected bibliography fills the final six pages. Although the chosen sources are important ones, a more extensive bibliography would have been of great benefit. In particular, inclusion of a section on legal documents containing citations for the many acts, statutes, and court cases would have been most helpful. Unfortunately, because of the author’s scholarly writing style, this book will not be approachable for everyone. It is written like a long, scholarly journal article, and much of the meat of his discussions is contained in the chapter notes. Those looking for a book at a more popular reading level might do better to choose Thomasma and Kushner’s Birth to Death (1996). Those looking for a popular level book with a stronger emphasis on euthanasia might choose Roberts and Gorman’s Euthanasia (1996) or Zucker’s The Right to Die Debate (1999). This book is recommended for all graduate collections, especially, but not limited, to those with a focus on medicine or law. This subject is an especially timely one, not only because of assisted life and death in the daily news, but also because of an increasing awareness of ethics throughout every discipline in higher education.
References Wade, N. (2000, August 24). New rules on use of human embryos in cell research. New York Times, A1.
Jan Comfort R.M. Cooper Library Clemson University Clemson, SC 29634-3001, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 2 ) 0 0 3 8 5 - 4
Books and other materials received Gateway to the moon, Charles D. Benson and William B. Faherty; Gainesville, FL: University Press of Florida, 2001, 352 pages, ISBN 0813020913, (US$24.95). Moon launch! (the NASA history series), Charles D. Benson and William B. Faherty; Gainesville, FL: University Press of Florida, 2001, 352 pages, ISBN 0813020948, (US$24.95). The information systems of inter-governmental organizations, Robert V. Williams; Westport, CT: Greenwood Publishing Group, 2001, 450 pages, ISBN 1-56750-339-X, (US$78.50). PII: S 1 3 5 2 - 0 2 3 7 ( 0 2 ) 0 0 3 8 8 - X
Book reviews / Journal of Government Information 28 (2001) 815 – 848
second chapter provides a summary of the debate. Topics covered include the necessity of linking women’s human rights with their health, the need to socialize boys at an early age to treat girls as equals, and the importance of involving women up to the highest level of health service planning. Women do not seek help early enough, and in many countries treating them is a low priority. They suffer diseases of poverty such as tuberculosis, malaria, depression, anxiety, and HIV/AIDS. The third section lists 48 recommendations regarding occupational and environmental health, sexual and reproductive health, controlling disease, mental health, health reform and financing, the capacity for building health personnel, and quality of care. The fourth section, erroneously labeled as the third section, describes the framework for designing national health policies with an integrated gender perspective. This section defines the differences between gender and sex, stating that gender addresses the social as well as the biological differences between men and women. It examines how women’s and men’s health concerns are different and how they are similar. There is a gender bias in research and in the delivery of health care. Women need to be included in research studies in order for the health sector to develop appropriate indicators for measuring aspects of women’s health and quality of life. Gender blindness in health care and research leads to gender bias. Women in the United States have fought for equality for years, and some believe that there is still much to be done. However, in many countries, women are not only treated as less than equal, they are treated as less than human. Works such as the four examined here are important for raising public awareness about women’s sexual and reproductive rights. These four would all be appropriate for public and academic libraries. A Time Between would also be suitable for a high school library. Violence Against Girls and Women, on the other hand, includes graphic descriptions of some of the more horrible fates suffered by women in developing countries, many of which are personal testimonies. All of them are written at a level for the general public. Carol Ann Borchert University of South Florida Tampa Campus Library 4202 E. Fowler Avenue Tampa, FL 33620-5400, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 1 ) 0 0 3 3 9 - 2
Endings and Beginnings: Law, Medicine, and Society in Assisted Life and Death Larry I. Palmer. (2000). Westport, CT: Praeger Publishers. 143pp. ISBN 0-275-96681-X. US$39.95 It is ironic that recently the National Institutes of Health, a department within the United States government, made an announcement on the use of human embryos in medical research. The new rules permit federally funded researchers to conduct research on cells obtained from private sources, such as fertility clinics, after undergoing a stringent approval process. This issue is controversial for several reasons. Some are concerned because they consider embryos to be human life, and they simply do not believe that medical research
Book reviews / Journal of Government Information 28 (2001) 815 – 848
847
should be conducted on humans. Members of anti-abortion groups, who also consider embryos human, are upset because the embryos are being destroyed. Medical researchers, however, welcome the new rules because of what President Clinton called the ‘‘potentially staggering benefits of this research’’ (Wade, 2000). There is no denying that the question of experimenting with human embryos, and indeed, the broader issue of assisted reproduction, is an emotional one. In this book, Palmer asks readers to step back from emotions and to try to separate feelings from the issues. Does US society really want to legislate and/or litigate human life? Palmer argues that this is a legitimate role for US legislatures and not for the courts. While legislatures may be the appropriate institutional forum to deal with medicine, it is difficult to imagine resolving such a complex issue by only focusing on the rights of individuals. It is necessary to investigate the roles of the physicians, and the relationships between physicians and patients, as well. Throughout this book, the author uses examples of physician-assisted reproduction and death to illustrate this point of view. Aside from the brief introduction, the book is divided into two parts. Part 1 investigates the role that the law has played in daily lives. This includes legislative and regulatory processes as well as the courts. The discussions are brief, covering a wide variety of topics such as human medical research, assisted reproduction, abortion, and suicide. By citing numerous court cases and reviewing legal developments, the author provides an overview of the current state of affairs in the United States relating to these issues. In many cases, such as the patient’s ‘‘right’’ to choose, it is a question about constitutionality. A person may believe that choosing one’s own time of death is a right guaranteed by the constitution, but this belief has not been supported by the United States Supreme Court. The most publicized personality at the center of this debate, of course, is Dr. Jack Kevorkian, who was convicted of murder and is currently serving a sentence of 10 to 25 years at the state prison in Michigan. By reviewing the legal history of Kevorkian and others, the reader begins to understand the complex nature of the relationships between medicine, law, and life. Part 2 embarks on a more in-depth discussion into the role that the physician plays in one’s dying. This is really at the heart of the argument, and the author does an admirable job of reviewing court cases and legislation surrounding the topic of assisted suicide. Here, the courts have drawn a distinction between withholding or withdrawing treatment and actually taking some action (such as prescribing barbiturates) to relieve a patient’s suffering. Laws have been in place for many years to guide physicians in determining how and when to withdraw medical care to an unconscious patient. However, difficulties arise for both patients and physicians in managing a patient’s conscious decision to decline treatment. The author presents a point of view that many readers may never have considered. What legal rights should a physician have? Should doctors be free to prescribe medication to alleviate pain even when it may shorten a life or be abused by a patient? A stated goal of this book is to explain ‘‘why society should resist the tendency to look to science and law for a resolution of intimate matters, such as how our children are born and how we die.’’ The author does an excellent job of framing the questions that need to be addressed to find the answers. Throughout the book, Palmer provides a glimpse into the benefits of using legislatures to form public policy and the dangers of using courts to resolve
848
Book reviews / Journal of Government Information 28 (2001) 815 – 848
these issues. A selected bibliography fills the final six pages. Although the chosen sources are important ones, a more extensive bibliography would have been of great benefit. In particular, inclusion of a section on legal documents containing citations for the many acts, statutes, and court cases would have been most helpful. Unfortunately, because of the author’s scholarly writing style, this book will not be approachable for everyone. It is written like a long, scholarly journal article, and much of the meat of his discussions is contained in the chapter notes. Those looking for a book at a more popular reading level might do better to choose Thomasma and Kushner’s Birth to Death (1996). Those looking for a popular level book with a stronger emphasis on euthanasia might choose Roberts and Gorman’s Euthanasia (1996) or Zucker’s The Right to Die Debate (1999). This book is recommended for all graduate collections, especially, but not limited, to those with a focus on medicine or law. This subject is an especially timely one, not only because of assisted life and death in the daily news, but also because of an increasing awareness of ethics throughout every discipline in higher education.
References Wade, N. (2000, August 24). New rules on use of human embryos in cell research. New York Times, A1.
Jan Comfort R.M. Cooper Library Clemson University Clemson, SC 29634-3001, USA PII: S 1 3 5 2 - 0 2 3 7 ( 0 2 ) 0 0 3 8 5 - 4
Books and other materials received Gateway to the moon, Charles D. Benson and William B. Faherty; Gainesville, FL: University Press of Florida, 2001, 352 pages, ISBN 0813020913, (US$24.95). Moon launch! (the NASA history series), Charles D. Benson and William B. Faherty; Gainesville, FL: University Press of Florida, 2001, 352 pages, ISBN 0813020948, (US$24.95). The information systems of inter-governmental organizations, Robert V. Williams; Westport, CT: Greenwood Publishing Group, 2001, 450 pages, ISBN 1-56750-339-X, (US$78.50). PII: S 1 3 5 2 - 0 2 3 7 ( 0 2 ) 0 0 3 8 8 - X