Saturday, April 27, 2019

Law on Euthanasia Essay Example | Topics and Well Written Essays - 3500 words

Law on Euthanasia - Essay ExampleA common method of active euthanasia is the administering of barbiturates or quiescence pills. The distinction between passive and active euthanasia can be summed up as in truth doing something to bring about the death of a unhurried or doing nothing to save the patients vivification. Predictably, euthanasia is the champaign of much debate as it generates emotional consideration of moral and social values making it nasty for judges in the U.K. to formulate and adhere to a strict statutory code. Each case has to be decided on its own merits. Each time social and moral issues have to be finely balanced against the applicable right.In 1993, Lord Browne-Wilkinson in the House of Lords, explained that, The judges function in this area of the constabulary should be to agree the principles which society, through the democratic process, adopts, not to impose their standards on society. If Parliament fails to act, then judge-made law of nature will of necessity through a gradual and uncertain process provide a wakeless answer to each new hesitancy as it arises. But in my judgment that is not the shell way to proceed.(Airedale N.H.S. Trust v Bland 1993)Lord Browne-Wilkinson went on to say, For these reasons, it seems to me imperative that the moral, social and legal issues brocaded by this case should be considered by Parliament. (Airedale NHS Trust v Bland 1993)Public opinion is astutely divided in cases of euthanasia. There are those opposed to any form of euthanasia on the causa that it requires passing judgments on the quality of the patients life. The opponents to euthanasia conclude that refusing to administer medical treatment to a patient or actively dis proceed a patients medical treatment is morally wrong. On the other hand, those in choose of euthanasia argue that the patient is only suffering with no relief in sight, and therefore to take note the patient alive when he is for all intents and purposes, dead, is morally wrong. This is the moral and social background that makes it difficult for courts to apply strict legal guidelines. The moral and social implications were considered in both Re A 2000 HRLR 721 and Airedale NHS Trust v Bland 1993 AC 789. In Blands case on appeal to the House of Lords, Lord Geoff said This is because the question is not whether it is in the best interests of the patient that he should die. The question is whether it is in the best interests of the patient that his life should be prolonged by the continuance of this form of medical treatment or care. (Airedale NHS Trust v Bland 1993 AC) By saying this, Lord Geoff dispensed with the moral issue and identified the applicable legal principle upon the issue of euthanasia rests. Is it in the patients best interests to that his life should b prolonged by continuing with the medical treatment. The court and the law is not concerned with social implications or moral values. The court and the law is only concerned w ith the patient himself. What is best for him, as opposed to society will guide the court.To break understand this application of legal principles and the disposal of moral

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