Assisted Suicide and Euthanasia: Murder or Mercy? Natural Law School vs Legal Positivism vs Historical School

Abstract

Passive euthanasia is generally accepted worldwide, including Thailand, as the such action does not shorten the time of natural death, but allows natural death without prolonging the time (not shortening not prolonging). In contrast, active euthanasia and assisted suicide, which shorten the time to natural death, are accepted in certain countries. This action requires consent from the person wishing to end their life. Both active euthanasia and assisted suicide have still been illegal in Thailand. This article aims to 1) to discuss if active euthanasia and assisted suicide, it is a crime or mercy by explaining using the perspectives of three schools of legal philosophy, i.e., natural law school, legal positivism, and historical school, and 2) to present a model for creating legislation for voluntary active euthanasia, assisted suicide, and involuntary active euthanasia in in persistent vegetative state (PVS) patients from the discussion.