TY - JOUR PY - 2020// TI - The Semantics of Autonomy, the Pathos of Decision, and Dispositifs of Representation at the End of Life JO - Law and literature A1 - Gehring, P. SP - 291 EP - 302 VL - 32 IS - 2 N2 - This article examines the slightly changing legal and ethical situation in Germany around so called end-of-life-decisions. Representation plays the complex role here of a 'dispositif' in the Foucauldian sense. Living wills first came into use 40 years ago: a very personal choice (how do I want to die?) could now be transferred to a proxy decision-maker. Some years later, various forms of presumed agreement gained acceptance, and today even merely hypothetical consent has become conceivable. Representation increasingly ceases to be representational at all. At the same time, concepts from Civil Law (Autonomy, Decision) have finally absorbed an older way of thinking that was based in Criminal Law. Beyond a biopolitical shift, according to the author's thesis, these changes also correspond to a juridical shift. © 2020 by The Cardozo School of Law of Yeshiva University. All rights reserved.
Language: en
LA - en SN - 1535-685X UR - http://dx.doi.org/10.1080/1535685X.2020.1763603 ID - ref1 ER -