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Texas Wesleyan Law Review

Adam Lamparello

Publication Date

7-1-2012

Document Type

Article

Abstract

Ultimately, this Article strives to advance discussion of values and rights and thereby give greater freedom to the individual in decisions relating to life and liberty. This Article argues that the value of life is best expressed when the concept of value is given a subjective rather than objective meaning. In other words, the individual himself should determine the value of his life. A third party should not force upon that individual a determination with no understanding of an individual's private end-of-life choices. Life has value not because of how others define it, but rather because of how each individual defines it. Thus, an individual's actions in response to that assessment will vary, and those actions may include making the decision to end his life. The individual has the right to make that choice. The individual has the right to decide how to live his life, on his own terms, and in accordance with his own judgments and discretion. The Constitution protects this interest, but more importantly, the nature of human existence protects this interest. Part II discusses the Supreme Court's substantive due process jurisprudence and why it provides the legal basis for an unconditional right to suicide. Part III provides the theoretical basis for the right to suicide. Part IV endorses the right to commit suicide and argues there should be an organization that helps individuals safely and peacefully end their lives. However, this right, based upon notions of privacy and liberty, is not absolute. There must be procedures in place to ensure the individual is of sound mind and body. In other words, it is imperative to confirm that those individuals truly desire to commit suicide and are not merely acting irrationally, as one might in the case of a temporary emotional or physical trauma.

DOI

10.37419/TWLR.V18.I4.7

First Page

797

Last Page

834

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