Filosofie & Praktijk - Volume 45, Issue 1, 2024

Abstract Defences of assisted dying typically rely on two supporting values for the practice: patient self-determination (or autonomy) and patient benefit (or well-being). In this paper I explore the roles of these two values in Govert den Hartogh’s What Kind of Death. The Ethics of Determining One’s Own Death.

Abstract This contribution will restrict itself to Den Hartogh’s conceptual framework and formulate some hesitations about Den Hartogh’s moral premisses which he calls ‘ethical atoms’ (p. 159-160, 317). For at least two reasons I will discuss these premisses with a certain reluctance. First of all, the sensitive nature of what is at stake here: matters of life and death and the question of what we owe others and ourselves; secon Read More

Abstract In What Kind of Death: The Ethics of Determining One’s Own Death (2023), Govert den Hartogh offers a ‘dual-track’ model for assisted death. According to Den Hartogh’s model, mere access to lethal drugs would be lawful on the basis of an autonomous decision (Track 1), while “full-blown physicianassisted death” (provision of lethal means under professional supervision and care) would be lawful in the presence of a Read More

Abstract This contribution deals with the role of the principle of self-determination in the current Dutch euthanasia practice. The focus lies on the concrete elaborations of the principle of self-determination in law and practice. I distinguish between self-determination as a dynamic, diffuse and risky principle. I analyze these three characteristics in the light of the current developments in the Dutch euthanasia practice. My conclu Read More

Abstract This contribution deals with the moral justification of euthanasia. Initially, in the process towards legalizing euthanasia in the Netherlands the right to self-determination was the driving force. However, it is widely accepted that Dutch law on euthanasia that was passed in 2001 is based on mercy. In this respect, the early work of Den Hartogh has been influential. So, the principle of respect for autonomy and the principle Read More

Abstract Legal certainty – that is predictability of law – is not just a legal principle but also an empirical topic. And as an empirical topic legal certainty can both be a goal and a means to achieve ends (‘factual legal certainty’). As concerns the Termination of Life on Request and Assisted Suicide (Review Procedures) Act, these ends involve next to legal certainty, to promote social transparency and to guarantee the careful Read More

Abstract In Den Hartogh’s What Kind of Death. The Ethics of Determining One’s Own Death (2023) a thorough philosophical analysis of the ethical considerations on suicide and other means of determining one’s own death is based on the empirical evidence published on the topic. In this contribution I want to emphasise the importance of concerns arising from the practice, and attempt to add to the analysis in his book by Read More

Abstract Thanks to all commentators for their words of praise and constructive criticism. I was pleasantly surprised by the fact that so many of them address the basic argument of my book, starting from the division of labour between the principles of respect for autonomy and compassion or beneficence, and resulting in my proposal of a ‘dual track’ system of legal regulation. The whole argument is well summarized by bot Read More