TO EVERY THING THERE IS A SEASON AND A TIME TO EVERY PURPOSE UNDER THE HEAVEN – A TIME TO BE BORN AND A TIME TO DIE. NATURAL LAW, EMOTION AND THE RIGHT TO DIE

Abstract

Here we will discuss the „right to die‟; should a person, in certain circumstances, lawfully be able to call upon the assistance of another to bring their life to an end? The proposal is that the answer should be „yes‟ , but the novelty of this essay is in its argument that such an answer can be provided by a „natural lawyer‟ - which is to say a person who believes that law has some minimal, inescapable, moral content. This answer is quite contrary to that proposed by Professor John Finnis, the leading modern exponent of natural law theory. The matter is of particular relevance because of the recent death of Tony Nicklinson who unsuccessfully sought a Declaration that a doctor would not face prosecution for giving him a lethal injection. The High Court declined to issue such an order saying that Parliament would need to give specific statutory authority for such a step. A draft statute is provided near the end of the article in order to stimulate supply of the High Court‟s request. The practical argument herein is therefore addressed, at least in part, to Parliament, but the criticism of John Finnis‟ theory will, it is hoped, appeal to an academic audience. This article aims to restore emotion to its proper place as a tool for evaluating human practice, and thus claim that emotion has a place alongside reason as a basis for law as an institution, the drafting of particular laws, and adjudication. Reference to poetry, music, and myth are used in order to illustrate the claim that humans are uniquely emotional beings and to illustrate the argument being made.. These are not idiosyncratic "add-ons‟; in an ideal world all of the music and poetry would have been embedded in the text of the article because they communicate some of the ideas herein more effectively than discursive argument. The reader is urged to listen to all the music and to read the poems and myth in their entirety. Furthermore lawyers and philosophers are trained to analyse words; the words of the poetry and music are not of paramount importance. The reader is asked instead to consider the affect raised.