From autonomy to co-suffering : revisiting "euthanasia and death with dignity" cases in Japan

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  • 自律から共苦へ : 日本における「安楽死・尊厳死」裁判の再検討

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Contemporary discourses concerning "death and dying," such as those found in a "living will" or "advance directives," are subject to the principle of "autonomy" and demand "self-determination" for death in many cases. However, is it so important that we decide our "own" type of death in end-of-life? This paper asserts that "co-suffering" between dying people and those caring for them is more important than "autonomy". In so doing, the paper first introduces an argument made by Lois Shepherd, who has examined a number of related cases and laws, confirming the significance of the paradigm shift from "autonomy" to "suffering." Secondly, it revisits "euthanasia and death with dignity" cases in Japan, showing that the deciding factor of judgments was frequently a compassion for the "suffering of family members," rather than patients themselves. However, in more recent cases from Japan, medicalization and legalization of euthanasia are presented on the basis of the right to self-determination, with the concerns of family members disappearing from the cases. It is concluded that it is crucial to reconstruct "intimate spheres of co-suffering," where dying people and those caring for them (the family and so on) suffer together.

Journal

  • Bioethics

    Bioethics 24 (1), 116-125, 2014

    Japan Association for Bioethics

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