Should We Impose Quotas? Evaluating the “Disparate Impact” Argument against Legalization of Assisted Suicide

Journal of Law, Medicine and Ethics 30 (1):6-16 (2002)
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Abstract

Prominent among the arguments against the legalization of assisted suicide is the contention that legalization will have a disproportionately adverse, or “disparate,” impact on various vulnerable groups. There are many versions of this argument, with different advocates of this argument focusing on different vulnerable groups, and some advocates confusedly blending slippery slope and social justice concerns. Also, the weight placed on this argument by its various advocates is not uniform, with some including the argument in a list of multiple, apparently similarly persuasive, reasons for not legalizing assisted suicide, while others place significant reliance on it and yet others advance the argument without any clear indication of its importance. Nonetheless, the various versions share a common core: One reason assisted suicide should not be legalized is that members of certain vulnerable groups are more likely to be pressured into requesting it, whether directly by those hostile or indifferent to their interests, or indirectly by social circumstances, such as an inability to pursue other healthcare choices.

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Ronald Lindsay
Georgetown University

Citations of this work

Oregon's experience: Evaluating the record.Ronald A. Lindsay - 2009 - American Journal of Bioethics 9 (3):19 – 27.
Why should we be concerned about disparate impact?Ronald A. Lindsay - 2006 - American Journal of Bioethics 6 (5):23 – 24.
Legislating Privilege.Marc S. Spindelman - 2002 - Journal of Law, Medicine and Ethics 30 (1):24-33.

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References found in this work

Are Laws against Assisted Suicide Unconstitutional?Yale Kamisar - 1993 - Hastings Center Report 23 (3):32-41.
Assisted Suicide: The Challenge to the Nursing Profession.Diane K. Kjervik - 1996 - Journal of Law, Medicine and Ethics 24 (3):237-242.
Assisted Suicide: The Challenge to the Nursing Profession.Diane K. Kjervik - 1996 - Journal of Law, Medicine and Ethics 24 (3):237-242.

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