자살의 정당화가능성
The Justifiability of Suicide
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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.
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.
참고문헌 (36)
- 이태재, "법철학사와 자연법론" (1984), 법문사
- 최병조, "자살과 법", 사법행정, (331), pp.92~95 (1988)
- Aquinas, Thomas., "Summa Theologiae", 1266~1274
- Aristoteles, Ethica Nicomachea, "니코마코스 윤리학" (2006), 이제이북스
- Augustinus, De Civitate Dei, "신국론", pp.413~427 (2004), 분도
- Battin, M., "Ethical Issues in Suicide" (1982), Prentice-Hall
- Brandt, R., "The morality and Rationality of Suicide. in: Handbook for the Understanding of Suicide", pp.61~76 (1975), OUP
- Brody, B., "Suicide and Euthanasia" (1989), Kluwer
- Cholbi, M., "Suicide Intervention and Non-ideal Kantian Theory", Journal of Applied Ethics, 19, pp.245~259 (2002)
- Cooper, J., "Philosophers on Euthanasia and Suicide. in: Suicide and Euthanasia", pp.9~38 (1989), Kluwer
- Cosculluela, V., "The Ethics of Suicide Prevention", International Journal of Applied Ethics, 9, pp.35~41 (1994)
- Devine, P., "The Ethics of Homicide" (1978), Cornell UP
- Donnelly, J., "Suicide: Right and Wrong, 2nd" (1998), Prometheus
- Ebeling, H., "Selbstmord. in: Historisches Wörterbuch der philosophie", pp.493~499 (1995), Schwabe&Co
- Eser, A., "Suizid und Euthanasie als human- und sozialwissenschaftliches Problem" (1976), Enke
- Fagothey, A., "Right and Reason: Ethics in Theory and Practice" (1989), Merrill
- Graber, G., "Mastering the Concept of Suicide. in: Suicide and Euthanasia: The Rights of Personhood", pp.51~65, U. of Tennessee Press
- Holley, D., "Voluntary Death, Property Rights, and the Gift of Life", Journal of Religious Ethics, 17, pp.103~121 (1989)
- Hume, D., "Of Suicide. in: An Enquiry concerning Human Understanding", pp.181~189 (2007), Cambridge UP
- Kant, I., "Grundlegung zur Metaphysik der Sitten. in: 윤리형이상학 정초" (2005), 아카넷
- Kupfer, J., ": Its Nature and Moral Evaluation", Journal of Value Inquiry, 24, pp.67~81 (1990)
- 자유론, "Two Treatises of Government. in: 통치론", pp.1990, Locke, J.
- McGee, G., "Euthanasia and Suicide. in: The Philosophy of Law", pp.269~272 (1999), Garland
- Mill, J.S., "On Liberty. in: 자유론" (1992), 서광사
- Minois, G., "History of Suicide: Voluntary Death in Western Culture" (1999), Johns Hopkins UP
- Monestier, M., "Suicide: Histoire, Techniques et Bizarreries de la Mort Volontaire. in: 자살전서" (2008), 새움
- O’Keeffe, T., "Suicide and Self-Starvation", Philosophy, 56, pp.349~363 (1981)
- Oates, J., "“The Art of Suicide”, The Reevaluation of Existing Values and the Search for Absolute Values", pp.183~190 (1978), Int'l Cultural Foundation Press
- Seneca, L., "Ad Lucilium Epistulae Morales, II, Letter LXX ‘On the Proper Time to Slip the Table’", Harvard UP
- Shneidman, E., "Preventing Suicide", American Journal of Nursing, 65, pp.111~116 (1965)
- Shneidman, E., "Comprehending Suicide: Landmarks in 20th-Century Suicidology" (2001), American Psychological Association
- Soubrier, J.-P., "“Definition of Suicide”, Suicide. Essays in Honor of Edwin Shneidman", pp.35~41 (1993), Aronson
- Szasz, T., "The Ethics of Suicide", The Antioch Review, 31, pp.7~17 (1971)
- Weir, R., "The Morality of Physician-Assisted Suicide", Law, Medicine and Health Care, 20, pp.116~126 (1992)
- West, L., "“Reflections on the Right to Die”, Suicide. Essays in Honor of Edwin Shneidman", pp.359~376 (1993), Aronson
- Witttgenstein, L., "Notebooks 1914-1916" (1961), Harper