Download e-book for kindle: Beyond Brain Death - The Case Against Brain based Critieria by M. Potts, P.A. Byrne, R.G. Nilges

By M. Potts, P.A. Byrne, R.G. Nilges

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Extra info for Beyond Brain Death - The Case Against Brain based Critieria for Human Death - Philosophy and Medicine Vol 66

Sample text

Thus, there exist two medically different, easily distinguishable, states: (a) that of a person whose brain has been destroyed but the rest of whose body is still alive and functioning as a single organism;44 and, (b) that of a person who has suffered, in addition to brain destruction, intractable cardiovascular collapse and whose other organs are rapidly deteriorating, without further interaction with one another. On the basis of these facts, the question may now be addressed: is destruction of the brain identical with the death of the person?

137; Roelofs, 1978, p. 39; KCTS, pp. 7-8; Rothman, 1980, p. 512; Arnold, 1977, pp. 35-37). Doubtless, the motivation behind the UDDA and other “definition of death” statutes is precisely to prevent such abuses. But, as will be shown in the remaining parts of this paper, the statutory results do not measure up to the high quality of the motivation. And—our present point—legal validation of less reliable criteria in just those cases where greater reliability is essential gives up in principle the entire battle.

A. G. ), Beyond Brain Death, 21-89 © 2000 Kluwer Academic Publishers. Printed in the Netherlands. A. BYRNE, S. M. W. SALSICH, JR. not dealt with elsewhere and presents what we regard as the minimum requirements for proper legislation in this domain. I. The law can be interested in a person’s death for two very different kinds of reasons. (1) A person’s death represents a tearing of a large web of social relationships. Civil society has an interest in preventing this tear from causing a large scale unraveling of further relationships and in promoting the process of healthy growth of new relationships.

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