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New technologies and medical treatments have complicated questions such as how to determine the moment when someone has died. The result is a failure to establish consensus on the definition of death and the criteria by which the moment of death is determined. This creates confusion and disagreement not only among medical, legal, and insurance professionals but also within families faced with difficult decisions concerning their loved ones. Distinguished bioethicists Robert M. Veatch and Lainie F. Ross argue that the definition of death is not a scientific question but a social one rooted in religious, philosophical, and social beliefs. Drawing on history and recent court cases, the authors detail three potential definitions of death -- the whole-brain concept; the circulatory, or somatic, concept; and the higher-brain concept. Because no one definition of death commands majority support, it creates a major public policy problem. The authors cede that society needs a default definition to proceed in certain cases, like those involving organ transplantation. But they also argue the decision-making process must give individuals the space to choose among plausible definitions of death according to personal beliefs. Taken in part from the authors' latest edition of their groundbreaking work on transplantation ethics, Defining Death is an indispensable guide for professionals in medicine, law, insurance, public policy, theology, and philosophy as well as lay people trying to decide when they want to be treated as dead.
This book is open access under a CC BY 4.0 licence. This book is a multidisciplinary work that investigates the notion of posthumous harm over time. The question what is and when is death, affects how we understand the possibility of posthumous harm and redemption. Whilst it is impossible to hurt the dead, it is possible to harm the wishes, beliefs and memories of persons that once lived. In this way, this book highlights the vulnerability of the dead, and makes connections to a historical oeuvre, to add critical value to similar concepts in history that are overlooked by most philosophers. There is a long historical view of case studies that illustrate the conceptual character of posthumous punishment; that is, dissection and gibbetting of the criminal corpse after the Murder Act (1752), and those shot at dawn during the First World War. A long historical view is also taken of posthumous harm; that is, body-snatching in the late Georgian period, and organ-snatching at Alder Hey in the 1990s.

Defining Death

United States. President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research

Published: 1981

Total Pages: 178


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President's Commission for the study of ethical problems in medicine and biomedical and behavioral research.
In the 1980s, following the recommendation of a presidential commission, all fifty states replaced previous cardiopulmonary definitions of death with one that also included total and irreversible cessation of brain function. The Definition of Death: Contemporary Controversies is the first comprehensive review of the clinical, philosophical, and public policy implications of our effort to redefine the change in status from living person to corpse. Edited by Stuart J. Youngner, Robert M. Arnold, and Renie Schapiro, the book is the result of a collaboration among internationally recognized scholars from the fields of medicine, philosophy, social science, law, and religious studies. Throughout, the contributors struggle to reconcile inconsistencies and gaps in our traditional understanding of death and to respond to the public's concern that, in the determination of death under current policies, patients' interests may be compromised by the demand for organ retrieval. Their questions about the philosophical and scientific bases for determining death lead, inevitably, to more profound questions of social policy. Acknowledging that the definition of death is as much a social construct as a scientific one, the authors, in their analysis of these issues, provide a comprehensive and provocative source of information for students and scholars alike.
Estimation of the Time Since Death remains the foremost authoritative book on scientifically calculating the estimated time of death postmortem. Building on the success of previous editions which covered the early postmortem period, this new edition also covers the later postmortem period including putrefactive changes, entomology, and postmortem r
Brain death-the condition of a non-functioning brain, has been widely adopted around the world as a definition of death since it was detailed in a Report by an Ad Hoc Committee of Harvard Medical School faculty in 1968. It also remains a focus of controversy and debate, an early source of criticism and scrutiny of the bioethics movement. Death before Dying: History, Medicine, and Brain Death looks at the work of the Committee in a way that has not been attempted before in terms of tracing back the context of its own sources-the reasoning of it Chair, Henry K Beecher, and the care of patients in coma and knowledge about coma and consciousness at the time. That history requires re-thinking the debate over brain death that followed which has tended to cast the Committee's work in ways this book questions. This book, then, also questions common assumptions about the place of bioethics in medicine. This book discusses if the advent of bioethics has distorted and limited the possibilities for harnessing medicine for social progress. It challenges historical scholarship of medicine to be more curious about how medical knowledge can work as a potentially innovative source of values.
The US Department of Justice's National Institute of Justice (NIJ) asked the Institute of Medicine (IOM) of The National Academies to conduct a workshop that would examine the interface of the medicolegal death investigation system and the criminal justice system. NIJ was particularly interested in a workshop in which speakers would highlight not only the status and needs of the medicolegal death investigation system as currently administered by medical examiners and coroners but also its potential to meet emerging issues facing contemporary society in America. Additionally, the workshop was to highlight priority areas for a potential IOM study on this topic. To achieve those goals, IOM constituted the Committee for the Workshop on the Medicolegal Death Investigation System, which developed a workshop that focused on the role of the medical examiner and coroner death investigation system and its promise for improving both the criminal justice system and the public health and health care systems, and their ability to respond to terrorist threats and events. Six panels were formed to highlight different aspects of the medicolegal death investigation system, including ways to improve it and expand it beyond its traditional response and meet growing demands and challenges. This report summarizes the Workshop presentations and discussions that followed them.
From the tone of the report by the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Re search, one might conclude that the whole-brain-oriented definition of death is now firmly established as an enduring element of public policy. In that report, Defining Death: Medical, Legal and Ethical Issues in the Determination of Death, the President's Commission forwarded a uni form determination of death act, which laid heavy accent on the signifi cance of the brain stem in determining whether an individual is alive or dead: An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards ([1], p. 2). The plausibility of these criteria is undermined as soon as one confronts the question of the level of treatment that ought to be provided to human bodies that have permanently lost consciousness but whose brain stems are still functioning.
This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.
Few issues apply universally to people as poignantly as death and dying. All religions address concerns with death from the handling of human remains, to defining death, to suggesting what happens after life. The Routledge Companion to Death and Dying provides readers with an overview of the study of death and dying. Questions of death, mortality, and more recently of end-of-life care, have long been important ones and scholars from a range of fields have approached the topic in a number of ways. Comprising over fifty-two chapters from a team of international contributors, the companion covers: funerary and mourning practices; concepts of the afterlife; psychical issues associated with death and dying; clinical and ethical issues; philosophical issues; death and dying as represented in popular culture. This comprehensive collection of essays will bring together perspectives from fields as diverse as history, philosophy, literature, psychology, archaeology and religious studies, while including various religious traditions, including established religions like Christianity, Judaism, Islam, Hinduism, and Buddhism as well as new or less widely known traditions such as the Spiritualist Movement, the Church of Latter Day Saints, and Raëlianism. The Routledge Companion to Death and Dying is essential reading for students and researchers in religious studies, philosophy and literature.