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Revista Latinoamericana de Bioética
Print version ISSN 1657-4702
Abstract
GALATI, Elvio. Euthanasia and the medicalization of death from a complex juridical perspective. rev.latinoam.bioet. [online]. 2018, vol.18, n.1, pp.68-86. ISSN 1657-4702. https://doi.org/10.18359/rlbi.1833.
The paper deals with the phenomenon of the medicalization of life, related to the end of it, outlining links with the law through the legalization of health, and thus incorporates this term as a result. It focuses on a current case of withdrawal of life support and it's related to the patient's rights law, judgments, international legislation, and medical, bioethical and legal doctrine. The theoretical framework is the complex thought of Edgar Morin and the trialist theory of the legal world. The contribution focuses on the complex and trialist treatment of the phenomenon of the medicalization of death. As for the methodology, the qualitative one is raised, studying cases reflected in failures, and analyzing its speech. The subject allows dealing with problems of general theory of law such as the legislative vacuum and the role of the judge. It is provisionally concluded that Argentina has a legal culture, despite the law that includes for the so-called dignified death.
Keywords : Complexity; medicalization; death; health; legalization; euthanasia.