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xxxiii | |
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xxxviii | |
| Introduction |
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1 | (11) |
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Euthanasia Under the Criminal Law |
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12 | (44) |
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12 | (2) |
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Doctors' Criminal Liability for Acts Which Cause Death |
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14 | (8) |
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14 | (1) |
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15 | (1) |
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The Intention Requirement |
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15 | (1) |
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The Causation Requirement |
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16 | (2) |
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Irrelevance of Patient's Terminal Condition |
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18 | (2) |
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Irrelevance of Patient's Consent |
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20 | (1) |
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21 | (1) |
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Doctors' Criminal Liability for Omissions Which Cause Death |
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22 | (11) |
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22 | (1) |
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23 | (1) |
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Attitude of the Law to Omissions and the Duty Requirement |
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23 | (2) |
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The Imposition of a Legal Duty to Act |
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25 | (3) |
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The Causation Requirement |
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28 | (3) |
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Mens Rea for the Crime of Murder |
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31 | (2) |
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Irrelevance of Motive and the Terminal Condition of the Patient |
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33 | (1) |
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Legal Effect of a Patient's Right to Refuse Treatment on a Doctor's Duty to Treat |
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33 | (23) |
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Scope of a Doctor's Duty to Treat |
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33 | (2) |
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The Patient's Common Law Right to Refuse Treatment |
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35 | (10) |
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Legal Effect of Patient's Refusal of Treatment: Introduction |
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45 | (2) |
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47 | (2) |
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The Position Under the Criminal Codes |
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49 | (5) |
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54 | (2) |
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Suicide and Assisted Suicide |
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56 | (71) |
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56 | (1) |
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Assisting Suicide: The Legal Requirements |
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57 | (29) |
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A Doctor's Liability for Active Involvement in a Patient's Suicide |
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60 | (1) |
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Refusal of Treatment as Suicide and the Legal Position of Doctors |
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61 | (1) |
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62 | (3) |
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Refusal of Treatment as Suicide? |
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65 | (8) |
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Legal Implications of Recognizing Refusal of Treatment as Suicide |
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73 | (13) |
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Constitutional Challenges to Assisting Suicide Legislation |
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86 | (41) |
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124 | (3) |
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The Position in Practice: Doctors' Practices and the Law Applied |
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127 | (60) |
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127 | (3) |
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Patients' Requests and Doctors' Practices |
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130 | (10) |
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Active Euthanasia and Doctor-Assisted Suicide: Patients' Requests |
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130 | (4) |
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Active Euthanasia and Doctor-Assisted Suicide: Doctors' Practices |
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134 | (4) |
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Other Forms of Active Assistance in the Termination of Life |
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138 | (2) |
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140 | (8) |
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Prosecutions of Doctors for Active Euthanasia or Assisted Suicide |
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140 | (8) |
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Discrepancies Between the Criminal Law Principles and the Law in Practice |
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148 | (4) |
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No Guaranteed Consistency in the Application of the Law |
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149 | (1) |
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The Law is Brought into Disrepute |
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149 | (1) |
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Lack of Legal Precedent and Medical Guidance |
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150 | (1) |
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Patients' Rights are Undermined |
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151 | (1) |
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Problems with the Characterization of Certain Aspects of Medical Practice |
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152 | (35) |
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Withdrawal of Life-Support |
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152 | (18) |
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Administration of Drugs for the Relief of Pain and Other Symptoms |
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170 | (15) |
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185 | (2) |
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187 | (70) |
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187 | (1) |
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The Case For Legalization of Active Voluntary Euthanasia |
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188 | (24) |
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Self-Determination: An Argument from Liberty |
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189 | (2) |
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The Patient's Right to Refuse Treatment: Is there a Morally Valid Distinction between Passive and Active Euthanasia? |
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191 | (12) |
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Prevention of Cruelty: An Argument from Mercy |
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203 | (1) |
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Promotion of Human Dignity |
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204 | (2) |
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What is Morally Right Should be Made Legally Permissible |
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206 | (1) |
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Formalize Current Practices |
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207 | (3) |
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Public Demand and Support for Active Voluntary Euthanasia |
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210 | (1) |
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The Case For Legalization: An Evaluation |
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211 | (1) |
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The Case Against Legalization of Active Voluntary Euthanasia |
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212 | (37) |
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Doctrinal Arguments Against Active Voluntary Euthanasia |
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213 | (5) |
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Practical Arguments Against Active Voluntary Euthanasia |
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218 | (30) |
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Evaluation of the Case For and Against Active Voluntary Euthanasia |
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248 | (1) |
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The Legal Philosophers' Debate: The Role of the Criminal Law |
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249 | (8) |
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The Libertarian Premise: The Prevention of Harm |
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249 | (2) |
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The Present Limits of Consent |
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251 | (1) |
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Relationship Between Law and Morality |
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252 | (2) |
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Relationship Between Law and Public Opinion |
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254 | (2) |
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256 | (1) |
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The Changing Climate For Reform |
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257 | (76) |
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257 | (1) |
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257 | (11) |
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257 | (2) |
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259 | (2) |
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261 | (2) |
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263 | (1) |
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Evaluation of Opinion Poll Results |
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264 | (4) |
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The Voluntary Euthanasia Movement |
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268 | (24) |
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Organizational Support for the Legalization of Active Voluntary Euthanasia |
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268 | (21) |
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Increased Media Coverage, and Public Figures in Support |
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289 | (1) |
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Organized Opposition to the Legalization of Active Voluntary Euthanasia |
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290 | (2) |
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Signs of Change from Within the Medical Profession |
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292 | (41) |
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295 | (10) |
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305 | (9) |
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314 | (4) |
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318 | (7) |
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International Developments: The Appleton International Conference |
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325 | (1) |
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Changes Within the Medical Profession: An Evaluation |
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326 | (5) |
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331 | (2) |
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333 | (58) |
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333 | (1) |
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333 | (6) |
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334 | (2) |
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336 | (3) |
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339 | (23) |
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362 | (16) |
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363 | (11) |
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374 | (4) |
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378 | (9) |
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International Developments |
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387 | (4) |
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388 | (1) |
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388 | (1) |
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389 | (2) |
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391 | (65) |
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391 | (1) |
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The Legal Position in the Netherlands |
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392 | (18) |
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392 | (1) |
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Jurisprudential Developments |
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393 | (16) |
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Evaluation of Dutch Case Law Developments |
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409 | (1) |
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Position of the Royal Dutch Medical Association |
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410 | (6) |
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Institutional Policies and Procedures |
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416 | (1) |
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The Governmental Response to Active Voluntary Euthanasia in the Netherlands |
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416 | (3) |
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The Netherlands State Commission on Euthanasia |
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416 | (3) |
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419 | (4) |
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423 | (18) |
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423 | (4) |
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Report Findings and Recommendations |
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427 | (4) |
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Evaluation of the Remmelink Committee's Inquiry |
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431 | (4) |
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435 | (6) |
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Government's Response to the Remmelink Report |
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441 | (3) |
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Arguments for the Legalization of Active Voluntary Euthanasia in the Netherlands |
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444 | (4) |
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448 | (2) |
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Evaluation of the Netherlands' Model: Suitable for Export? |
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450 | (6) |
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454 | (2) |
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456 | (38) |
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456 | (3) |
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459 | (1) |
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460 | (4) |
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Legalization of Doctor-Assisted Suicide |
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464 | (3) |
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Legalization of Active Voluntary Euthanasia |
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467 | (25) |
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492 | (2) |
| Conclusion |
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494 | (26) |
| Appendix: |
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Rights of the Terminally Ill Act 1995 (NT) |
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503 | (10) |
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Rights of the Terminally Ill Regulations |
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513 | (7) |
| Bibliography |
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520 | (33) |
| Index |
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553 | |