|Title||Moving to the other side of Luhmann's Binary Distinction: Perspectives for Legal Change over Assisted Dying|
An intransigent problem for English law inheres in the desire of some to assist another who wishes to die as an act of benevolence. This is prohibited by law, so creating an impasse. Conceptual correspondence between this and the strictures of Luhmannian systems theory is apparent, making it possible to examine the stalemate by this means. The foundational paradox that mandates to law the unique prerogative of distinguishing lawfulness from unlawfulness is reproduced in the seeming immutability of present ruling on assisted dying.
Yet elements of society esteem altruistic assistance to voluntary dying and their objections to current legal prohibition often are based on extra-legal contemplations. The paradox, though, is posited here as essential and indissoluble. So the ways in which law functions in the presence of the paradox in relation to protagonism for assisted dying becomes a central
Teubner enthuses about the possibilities that re-entry can afford and his instruction is examined in relation to new substantive issues introduced by the present study. In turn and appositely, this approach amplifies the ‘political opportunity structures’ of Griffiths, et al, hitherto inadequately explained, but which are believed here to indicate the contemporary social tenets of autonomy, freedom and inclusion. Thus, a new theoretical coherence has been uncovered through which not only can law contextualize the protestations of society over assisted dying in relation to its own domain but also can contemplate the opportunities it creates for
|Publisher||University of Westminster|
|Place of publication||London|