What Is the Best Outline for an Essay on Assisted Dying Legalization?

Question from mik, What Is the Best Outline for an Essay on Assisted Dying Legalization?

Answer from AI:

Essay Outline: “Should Assisted Dying be Legalised?”

Word Count: 2000-2200 words

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I. Introduction (approx. 200-250 words)

• Contextual Introduction:

  • Briefly explain the concept of assisted dying and its legal and moral significance.
  • Highlight the controversy surrounding the issue and its relevance to legal and moral philosophy.

• Importance of the Debate:

  • Discuss why the legalisation of assisted dying raises fundamental questions about the role of law, morality, and individual rights.

• Structure of the Essay:

  • Outline the key legal and moral philosophical perspectives to be explored (Natural Law, Positivism, Liberty, and their limits).
  • State the aim of the essay: to critically discuss whether assisted dying should be legalised from these perspectives.

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II. Natural Law Theory and Assisted Dying (approx. 400-450 words)

• Definition and Core Principles:

  • Explain Natural Law theory, its origins (e.g., Aquinas), and its emphasis on moral absolutes derived from human nature.

• Application to Assisted Dying:

  • Discuss how Natural Law would view assisted dying as inherently wrong due to its violation of the sanctity of life.
  • Analyse the argument that human life has intrinsic value and cannot be intentionally ended.

• Critique of Natural Law in this Context:

  • Examine criticisms of Natural Law as overly rigid and failing to account for individual circumstances (e.g., terminal illness, unbearable suffering).
  • Consider counterarguments about the morality of allowing suffering when death is inevitable.

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III. Legal Positivism and the Role of Law (approx. 400-450 words)

• Definition and Core Principles:

  • Define Legal Positivism, emphasizing the separation of law and morality and the importance of societal rules and norms.
  • Discuss key thinkers like Bentham and Austin.

• Application to Assisted Dying:

  • Analyse how Legal Positivism would approach assisted dying as a matter of legal rules rather than moral judgment.
  • Discuss the current legal framework in the UK (e.g., Suicide Act 1961, Coroners and Justice Act 2009) and its prohibition of assisted dying.

• Critique of Legal Positivism in this Context:

  • Examine the tension between legal rules and moral demands in cases where individuals seek autonomy in dying.
  • Consider the argument that law should reflect changing societal norms and ethical values.

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IV. Liberty and Autonomy in the Debate (approx. 400-450 words)

• Definition and Core Principles:

  • Explain the concept of liberty, focusing on individual autonomy and the right to self-determination.
  • Discuss key thinkers like Mill and his harm principle.

• Application to Assisted Dying:

  • Argue that liberty supports the legalisation of assisted dying as a matter of personal choice, particularly for terminally ill individuals.
  • Discuss the importance of autonomy in medical decision-making.

• Critique of Liberty in this Context:

  • Examine the counterargument that liberty has limits, particularly when it involves life-and-death decisions.
  • Consider the potential for abuse and the need to protect vulnerable individuals.

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V. The Limits of Legal and Moral Frameworks (approx. 300-350 words)

• Natural Law and Its Limits:

  • Discuss how Natural Law’s rigidity may fail to account for compassionate considerations in assisted dying cases.

• Legal Positivism and Its Limits:

  • Highlight the limitations of Legal Positivism in addressing complex moral dilemmas, where law and morality intersect.

• Liberty and Its Limits:

  • Examine the tension between individual autonomy and the need to protect society from potential harms.

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VI. Ethical and Moral Considerations Beyond Legal Theory (approx. 300-350 words)

• Sanctity of Life vs. Quality of Life:

  • Discuss the ethical debate between preserving life at all costs and allowing individuals to choose death to avoid suffering.

• Moral Philosophy and Compassion:

  • Consider the role of compassion and empathy in shaping moral and legal attitudes toward assisted dying.

• Current Proposals and Reforms:

  • Briefly discuss recent legal proposals and campaigns for assisted dying in the UK (e.g., Baroness Meacher’s Assisted Dying Bill).

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VII. Conclusion (approx. 200-250 words)

• Summary of Key Arguments:

  • Recap the main legal and moral philosophical perspectives discussed.

• Final Thoughts:

  • Reflect on the complexity of the issue and the need for a balanced approach that considers both legal and moral dimensions.

• Recommendations:

  • Suggest the need for further public and parliamentary debate, as well as potential legal reforms.

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References and Further Reading (not included in word count)

• Include academic sources, case law (e.g., R (Nicklinson) v Ministry of Justice), and UK legislation.

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This outline provides a structured approach to achieving a first-class essay by critically engaging with legal and moral philosophical perspectives. It ensures a balanced analysis of the arguments for and against legalising assisted dying while adhering to the word count requirements.