Mercy Killing and the Law—A Psychoanalytically Oriented Analysis

Abstract

Traditional arguments for and against mercy killing are first discussed, and it is concluded that this is a subject upon which moral and intelligent men may disagree. Then, the disparity between the law's condemnation of mercy killing and society's usual failure to punish it is stressed, as are the ways in which modern medical technology has intensified the plight of the hopelessly ill and their families. Much of this is then detailed in an analysis of the celebrated Quinlan case. Problems faced by physicians in dealing with the hopelessly ill are considered, as is the view—found wanting—that these physicians should have the right to decide whether terminally ill patients should live or die. Finally, a psychoanalytic explanation of the disparity between the law in words and the law in action is offered.