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Assisted suicide and capital punishment: a mirror image?
Matthew Doré1,2
1Palliative Care, Northern Ireland Hospice, Belfast, UK matthew.dore@nihospice.org.
BMJ Supportive & Palliative Care
|June 27, 2023
Summary
The UK
Area of Science:
- Medico-legal jurisprudence
- UK law
- Comparative legal analysis
Background:
- Capital punishment, or the death penalty, was abolished in the UK.
- Assisted dying and euthanasia (AD/E) legislation is currently proposed.
- Historical legal precedents inform contemporary ethical debates.
Purpose of the Study:
- To examine the UK's legal stance on capital punishment.
- To contrast this with proposed AD/E legislation.
- To analyze the jurisprudential arguments in both contexts.
Main Methods:
- Historical medico-legal jurisprudential research.
- Analysis of case law leading to the cessation of capital punishment.
- Comparative analysis of arguments in current AD/E proposals.
Main Results:
- Societal choices regarding AD/E mirror those faced during the abolition of capital punishment.
- Past capital punishment cases demonstrate that judicial processes can result in wrongful deaths.
- AD/E involves complex factors like diagnostic uncertainty, potential errors, and relational autonomy, with campaigners acknowledging inevitable mistakes.
Conclusions:
- The high standard set for abolishing capital punishment (preventing incorrect deaths) should be considered for AD/E.
- The ethical balance between the right to choose and the risk of irreversible errors in AD/E requires careful consideration.
- The acceptable proportion of wrongful deaths in the context of AD/E remains a critical ethical question.
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