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

Law on Euthanasia - Essay Example A common method of active euthanasia is the administering of barbiturates or sleeping pills. The distinction between passive and active euthanasia can be summed up as actually doing something to bring about the death of a patient or doing nothing to save the patient's life. Predictably, euthanasia is the subject of much debate as it generates emotional consideration of moral and social values making it difficult for judges in the U.K. to formulate and adhere to a strict legal code. Each case has to be decided on its own merits. Each time social and moral issues have to be delicately balanced against the applicable law. In 1993, Lord Browne-Wilkinson in the House of Lords, explained that, "The judges' function in this area of the law should be to apply 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 will of necessity through a gradual and uncertain process provide a legal answer to each new question as it arises. But in my judgment that is not the best 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 raised by this case should be considered by Parliament. " (Airedale NHS Trust v Bland 1993) Public opinion is sharply divided in cases of euthanasia. There are those opposed to any form of euthanasia on the grounds that it requires passing judgments on the quality of the patient's life. The opponents to euthanasia conclude that refusing to administer medical treatment to a patient or actively discontinuing a patient's medical treatment is morally wrong. On the other hand, those in favor of euthanasia argue that the patient is only suffering with no relief in sight, and therefore to keep 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 Bland's 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 patient's 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 with the patient himself. What is best for him, as opposed to society will guide the court. To better understand this application of legal principles and the disposal of moral