자살의 정당화가능성The Justifiability of Suicide
- Authors
- 오세혁
- Issue Date
- 2010
- Publisher
- 중앙법학회
- Keywords
- suicide; utilitarianism; rational suicide; justifiability; paternalism; 자살; 공리주의; 합리적 자살; 정당화가능성; 후견주의
- Citation
- 중앙법학, v.12, no.4, pp 351 - 386
- Pages
- 36
- Journal Title
- 중앙법학
- Volume
- 12
- Number
- 4
- Start Page
- 351
- End Page
- 386
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/34627
- DOI
- 10.21759/caulaw.2010.12.4.351
- ISSN
- 1598-558X
- Abstract
- The issue of suicide is located in the center of public discourse of today.
The legal sentiment of the people seems to catch up the teachings of wise men that some suicide are essentially free and rational act, furthermore noble, heroic and obligatory act. Meanwhile, the traditional moral sense of suicide has been changed by the emphasis on the patients' right of self-determination according to the shift of biomedical paradigm.
Notwithstanding, the new trend does not succeed in breaking the taboo of suicide.
Suicide has been considered not a expression of basic human rights or liberty, but as a evil to be avoided and prevented. The right of self-determination on suicide is restricted because of prudent policy of suicide, risk of trend to take human life lightly. Only the skeleton of the right of self-determination based on human dignity remains in the end of life.
Suicide is a legal issue that should be discussed in relation with the decision of patients in the end of life, for example, the withdrawing of life-sustaining treatment or physician-assisted death. Man has liberty to make one's life planning. Human beings has an authority on decision in death unlike in birth.
Some suicide are moral, rational, and justifiable suicide. But I hope someone will not believe that it would be rational to suicide in a certain situation. Notwithstanding, once someone judge prudently, choice voluntarily, and try successfully a suicide act, the suicide will be a prima facie rational suicide.
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