https://doi.org/10.4081/mem.2022.1222

Between autonomy and responsibility. The philosophy of law and the legislation on the "right to die"

Vol. 71 No. 4 (2022)
Published: December 22, 2022
therapeutic obstinacy, euthanasia, assisted suicide, refusal of treatment, palliative care, humanization in dying
Abstract Views: 536
PDF (Italiano): 27
Publisher's note
All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.

Authors

Laura Palazzani
palazzani@lumsa.it
Dipartimento di Giurisprudenza, Economia, Politica e Lingue moderne, Università LUMSA, Roma, Italy.

The article analyzes the end-of-life issues in bioethics from the perspective of the philosophy of law, critically analyzing the paths of the most recent legislation and jurisprudence in Italy. In particular, Law 219/2017 is analyzed with reference to the refusal and renunciation of life-saving treatments, the therapeutic obstinacy, deep sedation, advance care directives and care planning. The author analyzes the bioethical and bio-juridical problems between 'letting die' and 'killing', with reference to the sentence 242/2019 of the Constitutional Court which admits medically assisted suicide as an exception to art. 580 of the criminal code, under certain conditions. The sentence 50/2022 of the Constitutional Court on the inadmissibility of the so-called referendum on euthanasia allows to identify other bioethical reflections on the topics with reference to the minimum protection of life and vulnerability.

Dimensions

Altmetric

PlumX Metrics

Downloads

Download data is not yet available.

Citations

Crossref
Scopus
Google Scholar
Europe PMC

How to Cite

Palazzani, L. (2022). Between autonomy and responsibility. The philosophy of law and the legislation on the "right to die". Medicina E Morale, 71(4), 469–480. https://doi.org/10.4081/mem.2022.1222

PAGEPress has chosen to apply the Creative Commons Attribution NonCommercial 4.0 International License (CC BY-NC 4.0) to all manuscripts to be published.

An Open Access Publication is one that meets the following two conditions:

  1. the author(s) and copyright holder(s) grant(s) to all users a free, irrevocable, worldwide, perpetual right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship, as well as the right to make small numbers of printed copies for their personal use.
  2. a complete version of the work and all supplemental materials, including a copy of the permission as stated above, in a suitable standard electronic format is deposited immediately upon initial publication in at least one online repository that is supported by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, interoperability, and long-term archiving.

Authors who publish with this journal agree to the following terms:

  1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.