I begin with the assumption that a philosophically significant tension exists today in feminist philosophy of religion between those subjects who seek to become divine and those who seek their identity in mutual recognition. My critical engagement with the ambiguous assertions of Luce Irigaray seeks to demonstrate, on the one hand, that a woman needs to recognize her own identity but, on the other hand, that each subject whether male or female must struggle in relation to the other in order (...) to maintain realism about life and death. No one can avoid the recognition that we are each given life but each of us also dies. In addition, I raise a more general, philosophical problem for analytic philosophers who attempt to read Continental philosophy of religion: how should philosophers interpret deliberately ambiguous assertions? For example, what does Irigaray mean in asserting, 'Divinity is what we need to become free, autonomous, sovereign'? To find an answer, I turn to the distinctively French readings of the Hegelian struggle for recognition which have preoccupied Continental philosophers especially since the first half of the last century. I explore the struggle for mutual recognition between women and men who must face the reality of life and death in order to avoid the projection of their fear of mortality onto the other sex. This includes a critical look at Irigaray's account of subjectivity and divinity. I turn to the French philosopher Michèle Le Doeuff in order to shift the focus from divinity to intersubjectivity. I conclude that taking seriously the struggle for mutual recognition between subjects forces contemporary philosophers of religion to be realist in their living and dying. With this in mind, the lesson from the Continent for philosophy of religion is that we must not stop yearning for recognition. Indeed, we must even risk our autonomy/divinity in seeking to recognize intersubjectivity. (shrink)

The prospect, in terms of subjective expectations, of immortality under the nocollapse interpretation of quantum mechanics is certain, as pointed out by several authors, both physicists and, more recently, philosophers. The argument, known as quantum suicide, or quantum immortality, has received some critical discussion, but there hasn't been any questioning of David Lewis's point that there is a terrifying corollary to the argument, namely, that we should expect to live forever in a crippled, more and more damaged state, that barely (...) sustains life. This is the prospect of eternal quantum torment. Based on some empirical facts I argue for a conclusion that is much more reassuring than Lewis's terrible scenario. (shrink)

Death is the opposite not of life, but of power. And as such, Mohammed Bamyeh argues in this original work, death has had a great and largely unexplored impact on the thinking of governance throughout history, right down to our day. In Of Death and Dominion Bamyeh pursues the idea that a deep concern with death is, in fact, the basis of the ideological foundations of all political systems. Concentrating on four types of political systems—polis, empire, theocracy, and modern mass (...) society systems—Bamyeh shows how each follows a specific strategy designed to pit power against the equalizing specter of death. Each of these strategies—consolation, expansion, preparation, and repression—produces a certain style of political behavior, as well as particular psychic traumas. In making his argument, Bamyeh revisits a wide range of empirical and theoretical discussions in existentialist philosophy, psychoanalysis, comparative historical sociology, literary studies, and anthropology. By demonstrating how schemes of power are by definition also schemes for defying death—despite their claims to the contrary—his book encourages us to think of a new style of politics, one oriented toward life. (shrink)

As the team in this volume shows through groundbreaking research, surveys, interviews, and vignettes, death awareness has grown strong, and has changed the way ...

Drawing from religion and the human sciences, particularly psychology after Freud, the author attempts to demonstrate that the fear of death is man's central ...

Philosophy and Happiness addresses the need to situate any meaningful discourse about happiness in a wider context of human interests, capacities and circumstances. How is happiness manifested and expressed? Can there be any happiness if no worthy life projects are pursued? How is happiness affected by relationships, illness, or cultural variants? Can it be reduced to preference satisfaction? Is it a temporary feeling or a persistent way of being? Is reflection conducive to happiness? Is mortality necessary for it? These are (...) the questions people ask themselves when they stop and think about how they feel, how their lives are going, and how they would be going if different choices had been made or different values had been prioritized. These are the questions that contributors to this volume begin to answer, adopting different methodologies, among which the analysis of widespread intuitions about imaginary and real-life scenarios, and reflection on the interpretation of the relevant empirical evidence emerging from psychology and economics. (shrink)

(Canadian Journal of Philosophy 37 (2007), pp. 111-127) A popular view about why death is bad for the one who dies is that death deprives its subject of the good things in life. This is the “deprivation account” of the evil of death. There is another view about death that seems incompatible with the deprivation account: the view that a person’s death is less bad if she has lived a good life. I give some arguments against this view and defend (...) the deprivation account. Penultimate draft posted with kind permission of the Canadian Journal of Philosophy; please use published version for citations. (shrink)

Epicurus seems to have thought that death is not bad for the one who dies, since its badness cannot be located in time. I show that Epicurus’ argument presupposes Presentism, and I argue that death is bad for its victim at all and only those times when the person would have been living a life worth living had she not died when she did. I argue that my account is superior to competing accounts given by Thomas Nagel, Fred Feldman and (...) Neil Feit. (shrink)

In his article 'The Evil of Death' (henceforth: ED) Harry Silverstein argues that a proper refutation of the Epicurean view that death is not an evil requires the adoption of a particular revisionary ontology, which Silverstein, following Quine, calls 'four-dimensionalism'.1 In 'The Evil of Death Revisited' (henceforth: EDR) Silverstein reaffirms his earlier position and responds to several criticisms, including some targeted at his ontology. There remain, however, serious problems with Silverstein's argument, and I shall highlight five major ones below. I (...) conclude that Silverstein has not shown that an appeal to four-dimensionalism facilitates a refutation of Epicurus, although a consideration of some of Silverstein's points helps to indicate the limited scope of the Epicurean thesis. (shrink)

The confusion surrounding Heidegger's account of death in Being and Time has led to severe criticisms, some of which dismiss his analysis as incoherent and obtuse. I argue that Heidegger's critics err by equating Heidegger's concept of death with our ordinary concept. As I show, Heidegger's concept of death is not the same as the ordinary meaning of the term, namely, the event that ends life. But nor does this concept merely denote the finitude of Dasein's possibilities or the groundlessness (...) of existence, as William Blattner and Hubert Dreyfus have suggested. Rather, I argue, the concept of death has to be understood both as temporal finitude and as finitude of possibility. I show how this reading addresses the criticisms directed at Heidegger's death analysis as well as solving textual problems generated by more limited interpretations of the concept. (shrink)

Heidegger''s conception of death as an attitude toward life, overlooked in current literature on death and dying, offers potential for deepening our understanding of the care of non-critically ill patients. By breaking away from the notion of death as an event distinct from life and viewing it as an anticipated possibility at every moment of life, Heidegger provides insight into our attempts to evade death through our fundamental attitudes and value commitments, which in turn determine our behavior and actions. When (...) combined with a method of application — the Nietzschean principle of reversal — these insights permit the understanding of diverse types of human mentality confronted with significant situations. Among the most important applications of these conceptions is to persons in need of medical care, and the resultant types, which are sampled as hypothetical cases, carry important implications for the sensitive care and psychosocial management of non-terminally ill patients. (shrink)

The words quoted above distill the common secular conception of death. If we decline the traditional religious reassurances of an afterlife, or their fuzzy new age equivalents, and instead take the hard-boiled and thoroughly modern materialist view of death, then we likely end up with Gonzalez-Cruzzi. Rejecting visions of reunions with loved ones or of crossing over into the light, we anticipate the opposite: darkness, silence, an engulfing emptiness. But we would be wrong.

Very Little ... Almost Nothing puts the question of the meaning of life back at the center of intellectual debate. Its central concern is how we can find a meaning to human finitude without recourse to anything that transcends that finitude. A profound but secular meditation on the theme of death, Critchley traces the idea of nihilism through Blanchot, Levinas, Jena Romanticism and Cavell, culminating in a reading of Beckett, in many ways the hero of the book. For this Second (...) Edition, Simon Critchley has added a revealing and extended new preface, and a new chapter on Wallace Stevens which reflects on the idea of poetry as philosophy. (shrink)

Soul Search lifts the shroud that has, until now, blindfolded us to the discovery that soul and mortality lie at the very heart of the universe.

In this paper I suggest that near-death experiences (NDEs) provide a rational basis for belief in life after death. My argument is a simple one and is modeled on the argument from religious experience for the existence of God. But unlike the proponents of the argument from religious experience, I stop short of claiming that NDEs prove the existence of life after death. Like the argument from religious experience, however, my argument turns on whether or not there is good reason (...) to believe that NDEs are authentic or veridical. I argue that there is good reason to believe that NDEs are veridical and that therefore it is reasonable to believe in the existence of what they seem to be experiences of, namely, a continued state of consciousness after the death of the body. I will then offer some comments on the philosophical import of NDEs, as well as reflections on the current state of contemporary philosophy in light of the neglect of this phenomenon. (shrink)

From Odysseus' seduction by the song of the Sirens to Oscar Moore's 1991 novel A Matter of Life and Sex , whose protagonist courts death through sex and dies of AIDS, the frustrated relationship between death and desire has fixated the Western imagination. Philosophers have grappled with it and poets have told of its beauty and pain. In this strikingly original work, cultural critic Jonathan Dollimore once again demonstrates his remarkable ability to take on the complex and reveal its relevance (...) with eloquence and grace. Death, Desire and Loss in Western Culture is a rich testament to our ubiquitous preoccupation with the tangled web of death and desire. In these pages we find nuanced analysis that blends Plato with Shelley, Hölderlin with Foucault. Dollimore, a gifted thinker, is not content to summarize these texts from afar; instead, he weaves a thread through each to tell the magnificent story of the making of the modern individual. An immensely important book, Death, Desire and Loss in Western Culture is a challenge to the way we understand desire, sexuality, and the very notion of identity. (shrink)

This standard work in thanatology is updated with ten essays new to the second edition, and features a new introduction by Donnelly. The collection addresses certain basic issues inherent in a philosophy of death.

In contemplating any life and death moral dilemma, one is often struck by the possible importance of two distinctions; the distinction between killing and “letting die”, and the distinction between an intentional killing and an action aimed at some other outcome that causes death as a foreseen but unintended “side-effect”. Many feel intuitively that these distinctions are morally significant, but attempts to explain why this might be so have been unconvincing. In this paper, I explore the problem from an explicitly (...) consequentialist point of view. I first review and endorse the arguments that the distinctions cannot be drawn with perfect clarity, and that they do not have the kind of fundamental significance required to defend an absolute prohibition on killing. I go on to argue that the distinctions are nonetheless important. A complete consequentialist account of morality must include a consideration of our need and ability to construct and follow rules; our instincts about these rules; and the consequences (to the agent and to others) that might follow if the agent breaks a good general rule, particularly if this involves acting contrary to moral instinct. With this perspective, I suggest that the distinctions between killing and letting die and between intending and foreseeing do have moral relevance, especially for those involved in the care of the sick and dying. (shrink)

Originally published in 1985, this is a short meditation by a great old man on people relating to other people who are dying, and the need for all of us to open ...

Introduction: "meaning in life and death : our stories" -- John Martin Fischer and Anthony B rueckner, "Why is death bad?", Philosophical studies, vol. 50, no. 2 (September 1986) -- "Death, badness, and the impossibility of experience," Journal of ethics -- John Martin Fischer and Daniel Speak, "Death and the psychological conception of personal identity," Midwest studies in philosophy, vol. 24 -- "Earlier birth and later death : symmetry through thick and thin," Richard Feldman, Kris McDaniel, Jason R. Raibley, eds., (...) The good, the right, life and death (Aldershot : Ashgate Publishing, 2006) -- "Why immortality is not so bad," International journal of philosophical studies, vol. 2, no. 2 (September 1994) -- John Martin Fischer and Ruth Curl, "Philosophical models of immortality in science fiction," in George Slusser et. al., eds., Immortal engines : life extension and immortality in science fiction and fantasy (Athens, Ga. : University of Georgia Press, 1996) -- "Epicureanism about death and immortality," Journal of ethics, vol. 10, no. 4 -- "Stories," Midwest studies in philosophy, vol. 20 -- "Free will, death, and immortality : the role of narrative," Philosophical papers (Special issue : meaning in life) volume 34, number 3, November 2005 -- "Stories and the meaning of life," revised and expanded version of "A reply to Pereboom, Zimmerman, and Smith," part of a book symposium on John Martin Fischer, my way : essays on moral responsibility, philosophical books, vol. 47, no. 3. (shrink)

The focus falls within the boundaries of what happens to persons and to a person's sense of identity when confronted by pain, suffering, and death. ...

This article assesses the significance of a “politics of life”, also termed biopolitics, for any theological analysis of death. By charting the manner in which modern theological approaches to death are closely related to political attempts to secure life (especially in the work of Hobbes), the piece hopes to offer a theological history of the present from which a theology of death might be re-envisioned.

The personal identity problem expresses the worry that due to disrupted psychological continuity, one person’s advance directive could be used to determine the care of a different person . Even ethicists, who strongly question the possibility of the scenario depicted by the proponents of the personal identity problem, often consider it to be a very potent objection to the use of advance directives. Aiming to question this assumption, I, in this paper, discuss the personal identity problem’s relevance to the moral (...) force of advance directives. By putting the personal identity argument in relation to two different normative frameworks, I aim to show that whether or not the personal identity problem is relevant to the moral force of advance directives, and further, in what way it is relevant, depends entirely on what normative reasons we have for respecting advance directives in the first place. (shrink)

Humans clearly have trouble thinking about death. This trouble is often used to explain behavior like delay in writing wills or buying life insurance, or interest in odd medical and religious beliefs. But the problem is far worse than most people imagine. Fear of death makes us spend fifteen percent of our income on medicine, from which we get little or no health benefit, while we neglect things like exercise, which offer large health benefits.

Some people in Japan are still comfortable with the paternalistic role of doctors, but others wish that their own decisions would receive a greater amount of respect. A total of 747 students of universities and colleges and 114 parents of these students participated in a questionnaire survey. Most of the participants thought that autonomy should be respected in situations involving death with dignity and euthanasia, whereas it should not be respected in attempted suicide and involuntary admission of individuals with mental (...) illness. A cluster analysis revealed that the participants could be divided into the following groups: aid in dying advocates (n = 577), complete libertarians (n = 109), protectors of the mentally ill (n = 90), complete paternalists (n = 29), and questionables (n = 27). The assertion of independence score of the Scale for Independent and Interdependent Construal of the Self showed a significant difference among the 5 clusters. These findings suggest that the traditional paternalistic relationship between doctor and patient is undergoing a gradual transformation in Japan. (shrink)

At times we may be called to be companions on a journey we would rather not take--the journey of a loved one toward the end of life. For those who choose to serve as close companions of terminally ill relatives or friends, Parting offers the collective wisdom of people from many cultures and faith traditions as a "travel guide" for meaningful companionship--helping someone toward a peaceful transition from this life. Sections of the book discuss how to cross the bridge from (...) ordinary conversation to spiritual reflection how to provide comforts for the body, mind, and soul and how to care for yourself while concentrating on the needs of another. Transcending any specific religion or culture, this handbook addresses universal spiritual needs. Designed for easy reading by weary travelers, this practical, pocket-sized guide prepares the spiritual companion for an enriching experience, even on the journey toward life's end. It is an indispensable tool for family members and friends, hospice workers, religious leaders, counselors, and medical providers. (shrink)

Preface -- Is heaven a place we can get to? -- On the impossibility of my own death -- From anatta to agape -- What is found at the center? -- A new refutation of death.

INTRODUCTION Building upon the "preliminary conception of Phenomenology" introduced by Heidegger in Section II of the Introduction to Sein und Zeit,1 one ...

Death and Philosophy presents a wide ranging and fascinating variety of different philosophical, aesthetic and literary perspectives on death. Death raises key questions such as whether life has meaning of life in the face of death, what the meaning of "life after death" might be and whether death is part of a narrative that can be retold in different ways, and considers the various types of death, such as brain death, that challenge mind-body dualism. The essays also include explorations of (...) Chinese, Japanese and Tibetan perspectives on death and why death in some cultures, such as in Mexico's day of the dead, is celebrated. (shrink)

There are religious thinkers of Kierkegaard's ilk who concede that their belief in an afterlife is the expression of a wish and an offense to the understanding. Freud could not agree more. The collision that this essay plots comes when a Freud and a Kierkegaard try to decide what the individual is to do with such inherently human, unrealistic desires. Freud urges us to forsake all wish?fulfilling thoughts of everlasting life; however, this requires nothing less than the acceptance of imminent, (...) everlasting death. This is a difficult thought to think I half argue, half insist. The question is raised as to whether or not psychoanalysis can help us come to terms with the reality it compels us to face. A negative conclusion is reached. (shrink)

Personalised accounts of out-of-body (OBE) and near-death (NDE) experiences are frequently interpreted as offering evidence for immortality and an afterlife. Since most OBE/NDE follow severe curtailments of cerebral circulation with loss of consciousness, the agonal brain supposedly permits 'mind', 'soul' or 'consciousness' to escape neural control and provide glimpses of the afterlife. -/- Michael Marsh critically analyses the work of five key writers who support this so-called "dying brain" hypothesis. He firmly disagrees with such otherworldly 'mystical' or 'psychical' interpretations, ably (...) demonstrating how they are explicable in terms of brain neurophysiology and its neuropathological disturbances. The original basis and thrust of Marsh's claim sees the recorded phenomenology as reflections of brains rapidly reawakening to full conscious-awareness, consistent with other reported phenomenologies attending recovery from antecedent states of unconsciousness: the "re-awakening brain" hypothesis. From this basis, Marsh also offers a re-classification of NDE into early and late phase sequences, thereby dismantling the untenable concepts of "core" and "depth" experiences. -/- Marsh further provides a detailed examination of the spiritual and quasi-religious overtones accorded OBE/NDE, highlighting their inconsistencies when compared with classical accounts of divine disclosure, and the eschatological precepts of resurrection belief as professed credally. In assessing the implications of anthropological, philosophical, and theological concepts of 'personhood' and 'soul' as arguments for personal survival after death, Marsh celebrates the role of conventional faith in appropriating the expectant biblical promises of a 'New Creation'. (shrink)

Everyone agrees that killing a fully developed person is normally wrong. And there is similar agreement that death is bad for the one who dies, though philosophers have been puzzled about how to explain this.2 But how is the wrongness of killing related to the badness of dying? The trivial answer is that killing is wrong precisely because it inflicts the badness of death upon the victim. Or, to put it another way, killing is wrong because it harms the victim (...) by causing all that is bad about death. This is the harm-based view of the morality of killing. This view can seem platitudinous once we consider the link between the wrongness of killing and the badness of dying. Rejecting the harm-based view seems to involve severing that link, whereas many people are initially inclined to imagine that there must be some important connection between the two. Nonetheless, the harm-based view has several rivals.3 According to one of these, the respect-based view, killing is wrong not because of the harm it causes, but.. (shrink)

A widely adopted approach to end-of-life ethical questions fails to make explicit certain crucial metaphysical ideas entailed by it and when those ideas are clarified, then it can be shown to be inadequate. These metaphysical themes cluster around the notions of personal identity, personhood and humanness, and the metaphysics of substance. In order to clarify and critique the approach just mentioned, I focus on the writings of Robert N. Wennberg as a paradigm case by, first, stating his views of personal (...) identity, humanness, personhood, and the relations among them; second, offering a comparison of a view of humans as substances (understood in the classic interpretation of Aristotle and Aquinas) vs. a view of humans as property-things; third, applying the metaphysical distinctions surfaced in the second section towards a critique of Wennberg. (shrink)

ACHAKYA RAJNEESH Acharya Rajneesh is an Enlightened One, who has become one with the infinity, the totality. He is NOT, but the infinity breathes through ...

This famous Persian mystic was born in Hamadhān in ah 490 or 492 (ad/) and was executed in the same town in 525/ on the charge of heresy. ...

INTRODUCTION In The World as Will and Representation Schopenhauer writes: Death is the real inspiring genius or Musagetes of philosophy, and for this reason ...

Who should decide? In When Doctors Say No, philosopher and bioethicist Rubin examines this controversial issue.

It is one thing to say that the suffering of non-human animals ought to be considered equally with the like suffering of humans; quite another to decide how the wrongness of killing non-human animals compares with the wrongness of killing human beings. It is argued that while species makes no difference to the wrongness of killing, the possession of certain capacities, in particular the capacity to see oneself as a distinct entity with a future, does. It is claimed, however, that (...) this is not the only factor to be taken into account: pleasant or happy life is in itself good. The application of these conclusions to killing animals for food is then considered, with some passing reflections on infanticide. (shrink)

THE GREEK ISLAND of Spetsais, which I like to think of as my island, is a small, wooded rock that rises gently out of the Argolic Gulf. ...

The essays range from Hegel and Modernism to Marcel Duchamp and the Avant-Garde, postmodern poetics, boredom and Proust, the romance of Arendt and Heidegger, ...

In this paper I address three problems posed by modern medical technology regarding comatose dying patients. The first is that physicians sometimes hide behind the tests for whole-brain death rather than make the necessary human decision. The second is that the tests themselves betray a metaphysical judgment about death that may be ontologically faulty. The third is that discretion used by physicians and patients and/or family in deciding to cease treatment when the whole-brain death criteria may not be met are (...) sometimes open to challenge. In each of these problems I find that the operative concept of death relates to life itself. This point is expanded by examining the uses of the word death in our language and culture. From these I formulate an initial ontology of death. In it, death is described through a relationship with life, rather than as an absence of life, of consciousness, awareness, or sensation. This ontology then leads to a proposal for an ethics of discretion about the discontinuation of treatment for comatose patients. (shrink)

In this article first some general aspects of near-death experience will be discussed, followed by questions about consciousness and its relation to brain function. Details will be described from our prospective study on near-death experience in survivors of cardiac arrest in the Netherlands, which was published in the Lancet in 2001. In this study it could not be shown that physiological, psychological, or pharmacological factors caused these experiences after cardiac arrest. Neurophysiology in cardiac arrest and in a normal functioning brain (...) will be explained. Finally, implications for consciousness studies will be discussed, and how it could be possible to explain the continuity of our consciousness. Scientific study of NDE pushes us to the limits of our medical and neurophysiologic ideas about the range of human consciousness and mind-brain relation. (shrink)

The ancient philosophical school of Epicureanism tried to argue that death is "nothing to us." Were they right? James Warren provides a comprehensive study and articulation of the interlocking arguments against the fear of death found not only in the writings of Epicurus himself, but also in Lucretius' poem De rerum natura and in Philodemus' work De morte. These arguments are central to the Epicurean project of providing ataraxia (freedom from anxiety) and therefore central to an understanding of Epicureanism as (...) a whole. They also offer significant resources for modern discussions of the value of death--one which stands at the intersection of metaphysics and ethics. If death is the end of the subject, and the subject can not be benefited nor harmed after death, is it reasonable nevertheless to fear the ceasing-to-be? If the Epicureans are not right to claim that the dead can neither be benefited nor harmed, what alternative models might be offered for understanding the harm done by death and do these alternatives suffer from any further difficulties? The discussion involves consideration of both ethical and metaphysical topics since it requires analysis not only of the nature of a good life but also the nature of personal identity and time. A number of modern philosophers have offered criticisms or defences of the Epicureans' views. Warren explores and evaluates these in the light of a systematic and detailed study of the precise form and intention of the Epicureans' original arguments. Warren argues that the Epicureans also were interested in showing that mortality is not to be regretted and that premature death is not to be feared. Their arguments for these conclusions are to be found in their positive conception of the nature of a good and complete life, which divorce the completeness of a life as far as possible from considerations of its duration. Later chapters investigate the nature of a life lived without the fear of death and pose serious problems for the Epicureans being able to allow any concern for the post mortem future and being able to offer a positive reason for prolonging a life which is already complete in their terms. (shrink)

Current medical and legal literature generally favors a definition of death based on total cessation of brain functioning. It does not, however, supply the reasoning for this recommendation. None of the arguments for whole-brain death is convincing; there exists, however, a satisfactory rationale for identifying death with cortical death. Policymakers should refrain from endorsing any of these arguments, focussing instead on the pragmatic tasks involved in guiding medical care at the end of life.

The view that death is the loss of a person's future is less defensible than many philosophers have thought, in part because it is often presented as a response to an indefensibly crude Epicurean doctrine. But the most direct argument for this view suffers from two sorts of ambiguity – the first concerning what it is to "have" a future to lose, the second concerning what the loss consists in. However, another conception of what is lost is possible, and this (...) alternative, which is more congenial to the Epicurean outlook, does not depend on considerations about the future. (shrink)

It is commonly asserted that “death is not a welfare issue” and this has been reflected in welfare legislation and policy in many countries. However, this creates a conflict for many who consider animal welfare to be an appropriate basis for decision-making in animal ethics but also consider that an animal’s death is ethically significant. To reconcile these viewpoints, this paper attempts to formulate an account of death as a welfare issue. Welfare issues are issues that refer to evaluations concerning (...) an animal’s interests. This includes evaluations that refer only to comparisons between the presence and absence of states, including positive states. This means that an animal’s death may be a welfare issue insofar as it leads to the exclusion of relevant positive states. This allows us to deny that death is necessarily not a welfare issue. (shrink)

Death concept, death definition, death criterion and death test pluralism has been described by some as a problematic approach. Others have claimed it to be a promising way forward within modern pluralistic societies. This article describes the New Jersey Death Definition Law and the Japanese Transplantation Law. Both of these laws allow for more than one death concept within a single legal system. The article discusses a philosophical basis for these laws starting from John Rawls' understanding of comprehensive doctrines, (...) reasonable pluralism and overlapping consensus. It argues for the view that a certain legal pluralism in areas of disputed metaphysical, philosophical and/or religious questions should be allowed, as long as the disputed questions concern the individual and the resulting policy, law or acts based on the policy/law, do not harm the lives of other individuals to an intolerable extent. However, while this death concept, death definition, death criterion and death test pluralism solves some problems, it creates others. (shrink)