PHL 612 Study Guide - Final Guide: Involuntary Euthanasia, Fundamental Justice, Paternalism
Document Summary
It is broad because it is a blanket prohibition on all assisted suicide. It is strong paternalism because it implies that the individual"s morals (perspective on sanctity of life) are confused, thus it is up to the state to decide what they should to. It is not necessary for assisted suicide to go this route. Instead, if the state only allows medical assisted suicide and creates criteria to ensure consenting, voluntary patients, they can prevent this slippery slope outcome: principles of fundamental justice must balance interests of indivudal and state. 241 infringed on s 7, added a provision to allow maid. Natural law theory: application of this theory by the court determining assisted suicide is not moral, therefore it should not be legal (overlap thesis) Freedom of religion: both cases involve the court determining if freedom of religion can be infringed and if it is justifiable on a balance of other rights.