Death Is That Man Taking Names: Intersections of American Medicine, Law, and Culture

Index

denial of, 2, 45, 50 in hospitals, 56 inherent wrongfulness of, 11–19, 150 – 52, 155 and physicians’ social role, 1–2, 15–16, 51, 181–83 and public visibility of, 16, 45–46 and rational decision making, 6, 107–9, 163, 170 –71 and warfare, 49–50, 57–58 Death penalty and executing innocent people, 124 –25, 153 and inherent wrongfulness of death, 124, 143–45, 150 –51 parallels with abortion policy, 3, 125–28, 152–53, 158–59, 211 and public concealment of, 3, 126 –28, 145, 151 and rationality, 125, 130 –32, 138–41, 151 U.S. compared to European practices, 151, 153 Delbanco, Andrew, 66 Douglas, Mary, 182–84 Dworkin, Ronald, 4 England, Arthur, 132–34, 138–40, 155 Euthanasia, 113–15, 117–18, 166 and disabled infants, 160 –62 and German physicians, 45 and mentally retarded people, 34 –41, 160 –62 INDEX Abortion, 2, 70 –79, 158–60, 173–77 compared to death penalty, 125–28, 211 compared to physician-assisted suicide, 173, 177 and moral ambivalence, 21, 176 –77 and physicians’ role in post–Civil War restrictions, 54 –55, 70 –71 as undermining trust in traditional caretakers, 61–62, 72–74 Advance directives (see also health care proxies), 117–18, 170 –71 and ambivalence toward death, 165, 171 SUPPORT study, 106 –10 Blackmun, Harry, 140 –45, 155 Bosk, Charles, 88–89 Brooks, Peter, 21 Bush, George W., 124 –25 Child Abuse Amendments of 1984, 162 Civil War, American compared to Vietnam War, 57–61 and impact on cultural attitudes toward death, 51–53, 57–58 Clark, Ramsey, 134 –39 Compassion in Dying v. Washington, 112 Death ambivalence toward, 6 –14, 116, 119, 157, 165, 169 219 Forgoing life-prolonging treatment, 107, 170 and ambivalence toward death, 116, 163 compared to physician-assisted suicide, 113, 163 Frank, Jerome, 35, 41–42, 46, 158, 173 Freud, Anna, 27, 92–93 Freud, Sigmund and criminality from sense of guilt, 20 –21, 104, 155 and “death instinct,” 9 death of, 23–27 and impact of World War I deaths, 49–50, 143 and rational mastery of death, 145 Furman v. Georgia, 125, 128–30, 143 Gregg v. Georgia, 130 Griswold v. Connecticut, 76 Hafferty, Frederic, 91–92 Hand, Augustus, 34 –35 Hand, Learned, 35–46, 74 –75, 144, 158, 173, 184 Health care proxies, 107, 117–18, 164 –65 Holmes, Oliver Wendell, 47 Holocaust and claimed U.S. parallels, 59–62, 80 –83 Hospice, 6, 56 Hospitals as locus for dying, 56 Keats, John, and “negative capability,” 184 Kevorkian, Jack, 22 Lederberg, Marguerite, 100 –102 Lin, Maya, 63–64, 145 Lincoln, Abraham, and implications of Civil War deaths, 51–52 Luban, David, 97–99 Luker, Kristin, 71–72 Lynn, Joanne, 109 Marshall, S. L. A., 17 McCleskey v. Kemp, 146, 149, 154 McGautha v. California, 142 Mental retardation, public visibility of (see also euthanasia), 48, 160 –62 Mercy killing (see euthanasia) Milgram, Stanley, and obedience experiments , 95–100, 116, 150, 155 Miner, Roger, 111 Nuremberg Code application to American social practices , 80 –83 and patient self-determination, 83–86 O’Connor, Sandra Day, 167–68 Patterson, Orlando, 180 Physician-assisted suicide, 22, 110 –19, 162–70 and biblical account of King Saul’s death, 119–22 compared to abortion, 173, 177 compared to forgoing life-prolonging treatment, 111, 163, 166 compared to terminal sedation, 166 – 68, 179 constitutional right to, 110, 167–68, 173, 177–78, 180 and “double effect” doctrine, 166 –67 and Freud’s death, 23–26 and moral innocence, 122, 162–63 and Oregon statute, 22–23, 113, 164, 172 and rational decision making, 110, 163–64 and voluntariness, 115–18 Physicians and abortion, 70 –79 and ambivalence about moral status of medicine, 88–94, 104 –5 declining public confidence in, 69–70 education of, and impact of cadavers, 52–53, 90 –92 and forgoing life-prolonging treatment, 13, 18–19 and implications of Milgram experiments , 95–100, 116 and inadequate treatment of patients’ pain, 100, 107 and infliction of suffering on dying patients , 94 –95, 123–24, 150, 155 and inherent wrongfulness of death, 13, 105, 150 and mentally retarded infants, 160 –62 social role regarding death, 51, 53, 181–83 Posner, Richard, 106 Powell, Lewis, 149–50 Quill v. Vacco, 110, 167–68 Quinlan, Karen Ann, 67–70, 82, 86, 117, 160 –61 220 INDEX Rehnquist, William, 136, 145–47 Reinhardt, Stephen, 111–17 Repouille v. United States, 27...