The role of free will in the right to life

Book section

Purpose

The paper examines the issues of the role of free will in the right to life. There is an urgent question about the manifestation of free will in the right to life through its three personifications.

Research methods

General scientific and unique scientific methods of cognition are applied: logical (deduction and induction, analysis and synthesis, abstraction and comparison), hermeneutic (regarding the understanding of scientific texts),and formaldogmatic.

Results

The academic analyses domestic and international legislation and case law in the field of right to life. The paper shows how free will be manifested in the right to life through its three personifications: 1) no one can be arbitrarily deprived of life; 2) the duty of the state is to protect human life; 3) everyone has the right to protect his life and health, the life and health of other people from illegal encroachments. The article examines the moment of the emergence of free will, the conditions for increasing its scope and limitations.

Conclusions

The research proves that the right to life is based on free will. It can be assumed that free will should also be defined as individual non-property rights. However, for such a conclusion and a holistic understanding of freedom of will in civil law, it is necessary to investigate its meaning in all individual non-property rights.

Authors: Savchenko, V

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Yadam Institute of Research
• Host title: The Social Scientist
• Pages: 12-55
• Place of publication: Odisha, India
• Publication date: 2024-04-20
• Edition: 1
• EISBN: 9788196771973
• Language: English
• Keywords: legal capacity; right to life; civil legal capacity; individual non-property rights; human rights; the autonomy of will; free will