- Research/Scholar Paper name – “Jurisprudential Analysis of Euthanasia: From the Perspective of Historical School 0f Thought”
- Author: Tanvi Aggarwal
- Institution: Vivekananda Institute of Professional Studies
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 29/06/2021
The best way to understand the relevance of any thought on jurisprudence in the relevant period is to study it in the context of a contemporary issue. This paper attempts to study the historical school of jurisprudence in the 21st century. The problem opted to examine it is the contemporary issue of euthanasia in India. The concept and law on euthanasia entail the question of the existence of a right to die with dignity as a proper extension and interpretation of the right to life enshrined in Article 21 of the Constitution of India. The paper delves into the history of the development of principles and legal aspects of euthanasia in India. For the purpose of this study, we divide Indian history into two parts, with the advent of the colonial era being the dividing line. Then, the paper evaluates the problem in light of the historical school’s idea of morality. It finds out how far the development of the law on euthanasia conforms to the historical thought of jurisprudence.