TY  - JOUR
PY  - 2012//
TI  - Assisted suicide as contemporary Society's New Death penalty - Analysing the frontier between law and psychoanalysis
JO  - Etudes sur la Mort
A1  - Marchesini, S.M.
SP  - 37
EP  - 53
VL  - 141
IS  - 1
N2  - Assisted suicide : the new 'death penalty' induced by contemporary society ? An analysis at the frontier between law and psy choanalysis.' The French Law n° 2005-370, of April 22, 2005, relating to the rights of patients in end-of-life situations, is one of the first expressions of a less universalist, relativistic form of logic. The law allows the wishes of patients to be taken into account and opens a new legal pathway toward subjectivity, within the legitimate framework of a respect for life. This provides a basis for a concrete analysis of the 'interruption of heroic methods used to prolong life', through the consultation of 'previous directives' which may have been formulated by the patient, while still maintaining the limit that constitutes 'murder' and without decriminalizing euthanasia by consenting to assisted suicide. The approach Law and Psychoanalysis brings to this debate concerns the question of 'the rhetorical use of discourse' and the consequential social mutations brought about by the transmission of guidelines revolving around to the 'interdiction of murder and incest'. The comparative study of new international legislation shows us that the decriminalizing of euthanasia, or even intermediate solutions, arises from a shift from the Master's Discourse toward the Capitalist's Discourse. This deviationfrom phallic logic, which organizes communi - cation and social bonds, transforms the human being with the help of the legal instrument of 'consent' into a market product , at once 'unthinking and a consumer', more and more directed by 'narcissistic processes and the death drive'. Therefore, assisted suicide is emerging as a social condemnation to a new death penalty integrated by the human being.<p /> <p>Language: fr</p>
LA  - fr
SN  - 1157-0466
UR  - http://dx.doi.org/10.3917/eslm.141.0037
ID  - ref1
ER  -