Suicide, Article 275 of the Criminal Code and Euthanasia from the Perspective of Foucauldian Theory of Power

• Main Authors: Ho-Chun Chen, 陳和君
• Other Authors: Mau-Sheng Lee
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/60331866207991059325

碩士 === 國立臺灣大學 === 法律學研究所 === 103 === The purpose of this thesis is to demonstrate the phenomenon and explain the reason of the limit on the victim’s right to dispose of life from the perspective of Foucauldian theory of power. First of all, this thesis analyzes the history, rules, and court judgments. Secondly, reviewing the law practice and theory of these issues. Thirdly, analyzing these issues from the perspective out of the criminal area. Finally, trying to provide some solutions to this dilemma. Through examining the classification of euthanasia, the context of European suicide, and the criminal regulation of modern states, as well as reviewing scholarly papers and judicial judgments, this thesis discovers the existence of the operation of power of death and bio-power from the perspective of Michel Foucault; In other words, the existence of the governance of life. Moreover, ideas such as the image of human and subject are created and shaped through these processes. From this viewpoint, instead of contributing to enlightenment and humanism, decriminalization of suicide is rather a new form of the governance, deriving from the change of politic and economic context at the time. In fact, euthanasia (i.e. conditional decriminalization) shares the same situation, which relates to the more invisible operation of power, rather than simply the triumph of individual autonomy. Last of all, for the sake of resisting to and liberating from these more and more precise distinction and governance, this thesis try to seek some possible solutions such as abolishing Article 275 of the Criminal Code.