The Legal Right to Die - Research Proposal Example

Number Subject Name Lecturer’s Name Law Due date Date Submitted Euthanasia Research Question Do persons have the legal right to die that they can enforce under some extreme circumstances and conditions? If so, what are these extreme circumstances and conditions? Literature Review A right to die This is the most contentious issue in the euthanasia debate. It raises questions on the right an individual has over his or her life. The right allows an individual to make a deliberate action to end or terminate his or her life under a particular circumstance. Such conditions may include terminal illness, living on life support or avoiding a painful or very costly natural death. Proponents of this right suggest that an individual has got the total power to his or her life and should be granted latitude in dealing with it. Opponents, on the other hand, argue that life is sacred and protected by the law1. That life ceases to be exclusively the individual’s but also the states. The state, therefore, should be consulted before life is taken away. Those who agree with the existence of the right diverge on the issue of when and how the right may be enforced. Some quarters state that only the person may enforce this right and no one else including close relatives. However, other section claims that the individual may not be in a conscious state, and, therefore, the decision may be made on their behalf by close relatives2. The Futile Care Theory The futile care theory provides an economic perspective on the issue of euthanasia. The theory is the providence of urgent and necessary medical care to patients despite irrefutable evidence that the medical care will have no positive effect on the health of the patient. Proponents of euthanasia provide that futile care theory is just that, useless, and therefore very unnecessary. They propose that such medical acre should be withdrawn for purposes of saving costs and time. They additionally argue that removing such medical care does not amount to euthanasia. The withdrawal does not in any way hasten the death process of the patient. It is not deliberate action but is passive as opposed to active action. An example of such passive action is a surgeon not operating on a patient who would not benefit from the surgery. Active and passive euthanasia Active euthanasia involves the conduct of a deliberate action intended to cause the termination of a life. Passive euthanasia, on the other hand, includes the withholding of or the refusal of voluntary action that may continue the life of an individual. Passive euthanasia also includes stopping a conduct that has been maintaining the life of the patient. Examples of cases of passive euthanasia include the switching off of life support and cutting off the supply of nutrition to the patient3. Proponents of euthanasia claim there is a huge difference between the two. They propose that passive euthanasia should be allowed as it does not amount to killing. To these proponents, it only amounts to ‘not keeping alive’. Opponents of euthanasia, however, disagree with this argument. They suggest that both passive and active euthanasia should be illegal as they are one and the same thing4. The opponents claim that the result of both active and passive euthanasia is the same, the death of the patient. A third line of argument is also present in the active – passive euthanasia debate. The argument proposes that active euthanasia is actually better and should be preferred as opposed to passive euthanasia5. The reasoning is that active euthanasia is much faster and exposes the patient to less pain and suffering as compared to passive euthanasia. Criminal Laws There are some jurisdictions that have laws governing the act of euthanasia and its surrounding issues. The laws are as diverse and different as the arguments are. In United Kingdom, euthanasia is illegal and carries a 14-year jail sentence. There have been various attempts to legalize euthanasia in the United Kingdom. All such attempts have failed. In 2006, the Assisted Dying Bill was rejected by the House of Lords. The bill intended to assist persons who had expressed their will to die, die through a lethal dose of drugs. As recent as 2010, the Scottish Parliament voted to reject the ‘End of Life Assistance Bill’6. In the United States of America, different states have enacted their laws on euthanasia. Some states have legalized euthanasia under their local laws. An example is the state of Oregon. The state adopted the Death with Dignity Act that allowed medical personnel to assist patients who are willing to end their lives due to various reasons7. Other states however only allow certain aspects of euthanasia. An example is the state of Montana that only allows self-administered euthanasia. The state of Texas on the other hand only permits for passive euthanasia under certain circumstances. Australia as a country has had a rather rough ride with the issue of euthanasia. Currently, euthanasia is illegal in all parts of Australia. However, this has not always been the case as it was legal for some time in the Northern Territory8. The Territory legalized euthanasia through the ‘Rights of the Terminally Ill Act' of 1995. The legalization was short-lived as the Act was repealed9 a year later by the Euthanasia Laws Act of 1997. Religious Perspective Euthanasia raises many moral and ethical issues. As a result, religion is at the epicenter of the discussion on euthanasia. Islam holds very strong beliefs and views on euthanasia. Islam is totally against the practice10, whether active or passive and under every circumstance. Muslims believe in the sanctity of life and God as the giver of life. Therefore, it is only God who should determine the cause and the time of time. The Holy Book the Koran through its scriptures describes the killing of one person as the murder of all mankind. Islam further prohibits all forms of suicides, assisted suicides and attempted suicides. Christianity follows the view of Islam in this case. Christians hold the belief that life is sacred and belongs only to God; it does not belong to the doctors of the individual. Christians further believe that all things happen for a right purpose and by the will of God11. Therefore, individuals should accept the suffering and pain that life brings and have no right to escape it through suicide. The Holy Book the Bible expressly prohibits murder. Hinduism on the other hand is more liberal on the euthanasia issue. It allows for euthanasia in people who are devastated by terminal illnesses. The religion further allows starvation to the point of death if it was for fasting purposes. Legal Scholars Legal scholars have over the years provided a valuable legal perspective into the euthanasia issue. Proponents of euthanasia claim that there are several defenses available to relatives and medical personnel who have performed euthanasia on a loved. The first defense is that of necessity that would be relied on by the medical staff. The medical staff would state under this defense that their action was out of necessity to avert the pain and suffering of the patient. Close relatives on the other hand would apply the defense of diminished liability. They would state that the responsibility of the spouse or the family would be diminished as they would be executing the wishes and intentions of the patient. Aims of the Research The objective of the research is to fill in gaps that are evident on the topic of euthanasia. Little research has been conducted in the legal perspective. Most of the debate and arguments for euthanasia have been concentrated on moral and ethical implications. It has been said that morality and ethics are relative. That explains the different rules and regulations on euthanasia in various regions of the world. The research paper aims to advocate for a more liberal approach to euthanasia all over the world. The debate and discussion should focus on known legal principles, rights and duties. That is bound to result in a more familiar, predictable and legally sound stand on the topic of euthanasia12. The research paper advocates for a better understanding of the forces that surround euthanasia. It is paramount that attention is given top all aspects of euthanasia as opposed to only some aspects. The discussion on euthanasia should pay equal attention to three things. The three things are the forces before euthanasia, the forces during euthanasia, and finally the forces after euthanasia13. So far, the discussion has been mostly on the forces after euthanasia, the death that follows euthanasia. In some extent, some countries like the United States of America have looked at the forces during euthanasia; it refers to how euthanasia is done and who pulls the plug14. This research aims to provide an insight into the effects before euthanasia15. This includes the pain and suffering of the patient, the desires and wishes of the patient, the torment relatives go through in watching they loved ones wither away and the responsibility of doctors to their patients. The world has sort of pushed away these factors as if they do not matter. The research paper aims to show that these factors also do matter. Research Methodology The conceptual framework Independent Variables Dependent Variable This chapter discusses the methods that were used for the study and it assimilates the following structure: target population, data collection instruments, and data analysis and presentation. Target population refers to the population that was studied by the researcher to gather information relevant to the research. The study population, in this case, was the legal expert, religious leaders, patients, medical personnel and other experts whose input is crucial to the research question. Data collection refers to the gathering of accurate information to serve or prove some facts. The study collected both primary and secondary data. Primary data would be collected through two methods. One is through questionnaires. A questionnaire refers to a device of securing answers to questions by the use of a form that the respondent fills by him or herself. It involved designing well-structured and objective oriented questions on the topic under study. The method was chosen because there was the freedom of expression for, and the respondents were anonymous. The questionnaires would be supplied to the target population with a few instructions on their use. To widen the area of study, online questionnaires would be incorporated and sent to persons through their emails. The second method of collecting primary data is through conducting interviews. An interview is a purposeful dialogue between a researcher and a respondent to solicit information that is relevant to the research purpose. The interviews involved verbal questioning and administration of interview schedules. The method was necessary because it helped get an instant answer, and we were able to record the relevant information by filtering any irrelevances. Interviews are crucial in such a sensitive topic as the interviewer can get the emotional aspect of the issue. Patients, relatives and doctors may be quite emotional on the issue. Conducting interviews will allow these emotional be captured, that would not be possible through questionnaires. The secondary data also is a major source of information. The collection of secondary data includes the intensive and keen reading of journals and publications on the subject and research topic. Attention will be given to previous research on the subject that has already been done in different areas. Sources of secondary information will include national legislations of various states, religious texts, medical literature and writings by legal scholars. Access to online libraries like EBSCO, Academic Search Complete, and scholarly articles would provide valuable data for purposes of the research. Data analysis involves processing of raw data collected from various sources to create information that is meaningful to answering the research question. The data collected will be analyzed and examined both quantitatively and qualitatively. Data from questionnaires would be qualitatively reviewed to give out descriptive outcomes while data emanating from interviews would be qualitatively analyzed to produce the in-depth results. Proposed Structure of the Project The title of the research project would be the first section heading in the project. The title contains the main idea behind the research project. An example of a title is “A Research Project to Investigate the Legality of Euthanasia”. The title is significant as it provides the reader with an idea of what the project is all about. A reader develops an opinion of what to expect from the project. The second section of the research project will be abstract. An abstract is a short paragraph that provides a brief overview of the issues to be addressed in the project. These include the previous research, aims of the project, results and conclusions. An abstract is important as it condenses the entire project into one or two paragraphs. The third section in the research project is the background of the research project. The section explores the reasoning behind the project. It includes the justification for conducting the research project. The part is crucial as it lays the foundation of the project and provides reasons why the project was undertaken. The section also contains the research question. The research question is the main spine of the project. It is the axis on which the whole research project revolves. The fourth section is the previous research or rather the literature review. The section explores key issues and concepts on the topic. It interrogates previous literature that has been done on the subject. The section is critical because it provides the environment in which the research project will be done. It helps in identifying contentious issues and gaps in the literature review. The fifth section is the aim and hypothesis of the research project. The section presents the objectives that the project intends to achieve by the time it is over. A hypothesis is needed to guide the researcher through the research. It helps in keeping the research project in line with the research question. The sixth section to be covered in the project is the research design and methodology. The section provides an overview of the methods and models applied to the studies in the collection and analysis of data. The section is one of the most important as it guides the research in data collection that is relevant to answering the research question or questions. The seventh section is the results of the research project. The section provides an analysis of the data collected through the research methodology. It includes statistics, charts, tables and graphs. The results must be in line with the research question aims and the hypothesis of the research project. The eighth section contains the discussion. It involves the combination of the results of the research questions and the hypothesis of the project. In this section, the research question is answered and hypothesizes are approved or disapproved. The study from that point forward makes a reflection on the research project. The observation contains the limitation of the project; lessons learned and recommendation to later researchers. The final section is the references list. The section contains all the relevant material that has been referred to during the period of the project. Such reference materials should be correctly cited within the text of the project. Potential Outcomes The research project is likely to find that under the law and known legal principles, a man’s life is his own. The state and the deity may have minimal interests in such a life. However, an individual’s interest by far outweighs the other benefits. As a result, a legal right to end one’s life may exist. The project may also discover that such a right is not absolute. Just like all other rights that man is entitled to, the right may have some conditions. These terms are meant to protect the society and the individual in exercising the right16. The project may also realize that morality and ethics are poor indicators or pointers of what the law should be. It is true that morality and ethics are important to social order and stability17. However, morality is very unstable and varies among different groups of people and between the various periods of time. As a result, nations should not over depend on morality in the determination of laws and legislations18. In summary the project may determine that the discussion on euthanasia should be started afresh. Thinking perspectives should be changed, and priorities shifted in the new discussion. The argument and debate should be based on should legal principles, tested legal points of view and liberalism as opposed to morality and ethics. Reference Adams, M. Weyer, H. Griffiths, J, Euthanasia and Law in Europe, (Hart, 2008) Arabjanov, A, Euthanasia as seen by Law, Morality and Religion, (GRIN Verlag, 2012) Basri, Z, Euthanasia: Which "M" is it? Mercy or Murder? (Author House, 2012) Chia, R, The Right to Die?: A Christian Response to Euthanasia, (Armour Publishing Pte Ltd, 2009) Cuddiff, D, Euthanasia is Not the Answer: A Hospice Physician’s View, (Springer Science & Business Media, 2012) Death with Dignity Act (RCW 70.245) Dowbiggin, I, A Concise History of Euthanasia: Life, Death, God, and Medicine, (Rowman & Littlefield, 2007) End of Life Assistance (Scotland) Bill 2009 Euthanasia Laws Act 1997 Ferguson, J, The Right to Die, (Info base Publishing, 2007) Laurence, M, A Matter of Life and Death: Informed Advance Health Care Directives, (The Copper Puppy, 2007) Papas, D, The Euthanasia/Assisted-Suicide Debate, (ABC-CLO, 2012) Petterson, C, Assisted Suicide and Euthanasia: A Natural Law Ethics Approach, (Ashgate Publishing Ltd, 2006) Rasmussen, L. Engelehardt, H, Bioethics and Moral Content: National Traditions of Health Care Morality, (Springer Science & Business Media, 2013) Rights of the Terminally Ill Act 1995 Smith, W, Culture of Death: The Assault on Medical Ethics in America, (Encounter Books, 2013) White, J, Contemporary Moral Problems, (Cengage Learning, 2008) Woolgar,B. Newman,D, Pros and Cons: A Debaters Handbook, (Routledge, 2013) Read More