Law Reform, or DIY Suicide

Free Inquiry 25 (2005)
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Abstract

John Stuart Mill argued in On Liberty that the sole purpose for which the state can rightly exercise power over an individual is to prevent harm to others. "His own good, either physical or moral," Mill wrote, "is not a sufficient warrant." A century and a half later, although many people think a limited amount of state paternalism is reasonable-for example, to require people to wear seat belts when in a car and motorcycle helmets when riding a motorbike-we tend to agree that the state should not seek to impose its own conception of what is morally right on individuals who are not harming others. One of the implications of this principle is that the state should not prevent people who are terminally or incurably ill from ending their lives when they see fit, as long as they have reached a considered decision about this. Who else can make a better judgment about when life is worth living than the person whose life it is?

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