Выпуск №1

On the Principles of the Pight to Death in European Culture: Problems of Philosophy

Авторы:

Danil R. Nasrutdinov

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Информация о статье:

Тип статьи: jurisprudence

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Для цитирования:

D. R. Nasrutdinov, ‘On the principles of the right to death in European culture: problems of philosophy’, Ural Journal of Legal Research, 2021, No. 1. pp. 30–35. DOI 10.34076/2658_512X_2021_1_30.

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Аннотация:

This article is devoted to a comprehensive study of the right to death in two aspects: from the point of view of the idea of the right to death and its implementation through legislative consolidation, that is, from the point of view of philosophy, the consideration of the spirit and matter of the right to death, and regarding legal science - the very right to death as a natural right and a mechanism for its implementation. The study reveals the interdependence of the right to life and the right to death from each other (the unity of these categories in the philosophical movement), from which comes the need for universal provision of the right to terminate life on request as a constitutional human right guaranteed by the state in cases directly provided for by law. Proof is carried out that the establishment of the right to assisted suicide does not require the issuance of a new normative legal act, but can be derived from the constitutional right to life. An important place is given to the self and the will of the individual subject of the right to death when making an appropriate decision on assisted suicide. The essence of the relationship arising between the “customer” of death and its “executor” is briefly described. The conclusions obtained on the basis of a theoretical analysis of the legislative and judicial acts of the Netherlands and Germany (respectively, the first and the last states that legalized the right to death at the time of writing) speak of the natural-legal nature of the right to death and its possibility as rational (cognition by reason), so and irrational (cognition through feeling) comprehension, which proves the presence of a tendency to legalize the right to death in the states of Europe, as well as the evolution of civilizations and the individual human in the modern European world.

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Список цитируемой литературы:

1. Ch.-L. Montesquieu, On the spirit of laws, (2018) RIPOL classic, at 690.
2. G. Le Bon, The Crowd: A Study of the Popular Mind, (2019) AST, at 384.
3. L. N. Tolstoy, Confession. About life, (2016) Azbuka, at 288.
4. A. Schopenhauer, Peace as Will and Representation, (2019) RIPOL classic, at 616.
5. S. Kagan, Death, (2012) Yale University Press, at 376.
6. I. Kant, Works in German and Russian. Metaphysics of morals. Volume 5. Part 1, (2014) CANON-PLUS, at 1120.
7. Ch. Beccaria, On crime and punishment, (2018) Infra-M, at 183.

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Ключевые слова:

right to death, right to life, assisted suicide, natural rights, rationalism

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