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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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