Euthanasia: Legality, Influences, and Role of Society's Values, Morals, and Attitudes
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This essay discusses euthanasia, its legality in the UK and Switzerland, influences of euthanasia, and the role of society's values, morals, and attitudes. It also includes a reflective log and bibliography.
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Running head: ESSAY0 LLB HONS LAW JULY 16, 2018 Student details
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ESSAY1 Part- A Introduction Euthanasia is a difficult procedure, which includes many elements. The word euthanasia is taken from Greek word euthanatos. The word euthanatos means easy death. It refers to the closure of life of ill person in respect to discharge the persons of their pain. In United Kingdom, euthanasia is against the law. It is not legally allowed in United Kingdom to help anyone kill himself or herself. The deliberate euthanasia may lead to sentence of up to fourteen years. In Switzerland, the word euthanasia is not considered because of its link with eugenicist procedures of the Nazi era. The law consequently inclines to differences between assisted suicide and active assisted suicide. In this essay, euthanasia, the influences of euthanasia and role of morals, beliefs, and values in society is discussed. Legality of euthanasia in United Kingdom and Switzerland- Euthanasia is identified as mercy killing. It is exercise of purposefully termination of life of person to relieve suffering. It is like doing help or motivating a person to take his or her own life such as giving the medicines to encourage someone to take their life. In some countries, euthanasia is legally considered and in some countries, euthanasia is illegal1. In United Kingdom, assisted suicide is not legal as per the term of Suicide Act 19612. It is punishable by sentence up to fourteen years. The attempt to kill yourself is not criminal act. Based on conditions, euthanasia is considered as either homicide or murder. The euthanasia, which carries the maximum fines of life in the sentence and assisted suicide of fourteen years both are not legal in United Kingdom with the exception passive euthanasia. In the passive 1StevenLuper, ‘The philosophy of death’(Cambridge university press 2009) 2Suicide Act, 1961
ESSAY2 euthanasia, the treatment, which may extend a person’s life, is withdrawn. For example, a life machine being turned off. The only one remedy for critically sick people in the United Kingdom is hospital care or rejecting treatment. It is a right of mentally sick patients. The people decide to go out of country to finish their life3. On the other hand, euthanasia is not legal but assisted suicide is legal in Switzerland. It is not required to get citizenship of Switzerland to get the facilities of clinics or hospitals. The article 115 of the Swiss Penal Code bans assisted suicide for the reason of self-interest. Article 114 restricts affecting the death of a person for admirable reasons and especially of sympathy or concern for the victim. The assisted suicide for non-selfish motive is not particularly banned as long as some terms and conditions are met. The assisted suicide is legal in Switzerland by omission. The Swiss Supreme Court enforces the rules that people should commit suicide by his or her own hand. For example, people are taking medicines themselves to commit suicide. The doctors are required not to order a toxic injection without being responsible for criminal action4. Influences of euthanasia- As it is not legal in United Kingdom to assist any person, the number of people go to Switzerland to make an assisted death. As per the consequences, one British person goes to the dignitas to finfish his or her life every eight days. In Switzerland, the assisted suicide is more costly. Some costs are shocking such as there are many interviewees who booked a return ticket for dying person, to make sure the people had knowledge they had chance to manipulate his or her minds if the people wanted to decrease the opportunity of doubt by establishments5. 3StevenAmsterdam, ‘The easy way out’(Hachette UK 2016) 4GrahameHoward, ‘The Euthanasia protocol’(Oxford 2017) 5Richard Huxtable, ‘Euthanasia, ethics and the law: from conflict to compromise’ (Routledge Taylor & Francis Group 2007)
ESSAY3 The number of assisted suicide have been increased from last five years. The cost of making assisted suicide in the Switzerland rejects the option to the many people in United Kingdom. The report 2017 by Money Charity stated that sixty eight per cent of families in United Kingdom have less than 10,000£in savings. Notwithstanding the cost of assisted suicide being an important matter in discussions about the present law, for many interviewees in investigation it did not make influences on their conclusions to pursue assisted death overseas6. Role of society’s values, morals, and attitudes- The attitudes, values, and morals of society have important role in the incorporation and completion of basic desires of person and constant method suitable for his living. The values are active social elements that create the factors of the persons as well as members of group that holds together. The values are significant because values help the society to progress and develop. The values also help in forming bright future. The significance of values is independent of the circumstances. Such as, even someone may be not fair, the fairness still has value. The values also form the standards to direct day-to-day conduct7. The morals are connected with behaviour of human being. They make differences between bad conduct and good conduct. They deal with the issues, which a person think can extremely harm or extremely benefit people. Morals are linked with the specific sentiments. When a person conduct behaviour in the contradiction of morals, then that person feel humiliated, guilty and embarrassed. They are important in the creation of the policies and procedures. The morals are required to be made public in respect to be an action-directing role in lives of human beings. The attitudes have many functions. Attitudes direct to the behavioural choices, which a person face in respect for motivated attitudes to influence the behaviour. It allows 6Richard Huxtable, ‘Euthanasia: All that matters’ (Hachette UK 2013) 7Rienhold Niebuhr, ‘Moral man and immoral society: A study in ethics and politics’ (Oxford 2017)
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ESSAY4 people to increase the rewards and to decrease the punishments and penalties. The attitudes allow people to express his or her own values and self-image. It also enables the people to adjust in their atmosphere8. Conclusion It is concluded that each country has different laws in respect of Euthanasia. The Switzerland has more relaxed law on Euthanasia in comparison of UK. The suicide is not considered as crime and voluntary euthanasia is lawfully permitted in Switzerland. The human-environment relationship is composite. The values, attitudes, and morals affect the behavioural choices and regenerated choices. Part- B Reflective Log- I have made research about the euthanasia to write an effective essay. I have also involved some books namely the future of assisted suicide and the euthanasia protocol9. This research made me learn more about euthanasia. From the research I made, it is resolved why euthanasia is not legalised or not required to be legalised. Euthanasia and assisted suicide are major issues to be discussed. The outcome of this research will influence family relationships, communication between consultant, patients, and ideas of fundamental ethical behaviour. A review of research proposes that the euthanasia is described as exercise of terminating the life. The voluntary euthanasia is usually made when an individual is in pain. When the patient makes this process with the help of doctor or medical consultant, then the word assisted- suicide is used. The passive euthanasia is supported by dismissing the prescription, which is 8MethewPirie, ‘How to win every argument: the use and abuse of logic’ (Sage 2009) 9NielGorsuch, ‘The future of assisted suicide and euthanasia’(Princeton University Press 2009)
ESSAY5 making the patient alive. The active euthanasia includes the direction of toxic drugs or finishing the life. It was found that the euthanasia is vast matter for reflection and the remark of various facets of law, morality, sociology, and science. In Switzerland, the assisted suicide by the non- physicians is lawful. This is something unique situation in Switzerland. There are controversy over the issue of assisted suicide and euthanasia. The doctors have distinctly argued their proper position at the end of life. The doctors are required to play their role in both side of arguments. In United Kingdom, euthanasia has no specific position as per the law. The voluntary euthanasia is like murder under United Kingdom law and assisted suicide is restricted there. Euthanasia Controversy As per my point of view about the euthanasia, there are many arguments or debates on this major issue that whether euthanasia should be lawful or illegal. The various beliefs and questions surrounding these concepts are most dynamic areas of research. There are various Supreme Court cases, which surround the matter of euthanasia such asGonzales v. Oregon10 andAiredale NHS Trust v Bland11. From the legal point of view, the Encyclopaedia of American Law classifies mercy killing as the kind of illegal murder. Prudently, not all homicide are considered as unlawful. In the case of criminal punishment, killing is considered as justifiable. However, it is not considered as unpardonable in any other case. The opinions related to euthanasia base on the procedure used to take life of person. The Oregon death with Dignity Act made it legal for citizens to demand a toxic injection in the direction of medical consultant12. The passive euthanasia from rejection of drugs or process is 10546 U.S. 243 (2006) 11(1993) AC 789 HL 12Dignity Act
ESSAY6 legal in many of jurisdictions. Many opinions centre on spiritual principles13. It is strongly believed that taking a life is intrusive with plan of god. The traditions of Christians are not in the favour of passive euthanasia. In future, as a solicitor or barrister i will do research of legislation and acts related to the euthanasia and assisted suicide. I will address the concerns related to misuses and security of the vulnerable because of research. Bibliography Primary Sources Statues and statutory instruments Suicide Act, 1961 13AndrewHolliday, ‘Doing and writing qualitative research’ (Sage 2009)
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ESSAY7 The Dignity Act Legislation and cases Airedale NHS Trust v Bland(1993) AC 789 HL. Gonzales v. Oregon546 U.S. 243 (2006) Secondary Sources Books Amsterdam, S, ‘The easy way out’(Hachette UK 2016) Gorsuch, N, ‘The future of assisted suicide and euthanasia’(Princeton University Press 2009) Holliday, A, ‘Doing and writing qualitative research’ (Sage 2009) Howard, G, ‘The Euthanasia protocol’(Oxford 2017) Huxtable, R, ‘Euthanasia, ethics and the law: from conflict to compromise’(Routledge Taylor & Francis Group 2007) Huxtable, R, ‘Euthanasia: All that matters’(Hachette UK 2013) Luper, S, ‘The philosophy of death’(Cambridge university press 2009) Niebuhr, R, ‘Moral man and immoral society: A study in ethics and politics’(Oxford 2017) Pirie, M, ‘How to win every argument: the use and abuse of logic’ (Sage 2009)