No one really believes that literally all functions of the entire brain must be lost for an individual to be dead. A better definition of death involves a higher brain orientation.

This paper challenges the recommendation of 1981 President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research that all jurisdictions in the United States should adopt the Uniform Determination of Death Act, which endorses a whole-brain, rather than a higher-brain, definition of death. I argue that the Commission was wrong to reject the "personhood argument" for the higher-brain definition on the grounds that there is no consensus among philosophers or the general population as to what (...) constitutes "personhood". I claim that philosophers agree that some potential for cognitive function is necessary for personhood and that, when this is absent in cases of anencephaly and persistent vegetative state (PVS), the individual should be considered dead. I further argue that the lack of consensus among the general population is due in large measure to misunderstandings about the medical reality of PVS and beliefs influenced by feelings for a specific individual in PVS. I also examine and reject two tutiorist arguments which have been used to support the Commission's position: that the higher-brain definition would threaten the severely senile and severely retarded, and that there are not currently adequate medical techniques for determining when all higher-brain activities have ceased. Keywords: death, personhood, persistent vegetative state, anencephaly CiteULike Connotea Del.icio.us What's this? (shrink)

Dramatic changes in medical technology challenge mankind’s traditional ways of diagnosing death. Death, Brain Death and Ethics examines the concept of death against the background of these changes, as well as ethical and philosophical issues arising from attempts to redefine the boundaries of life. In this book, David Lamb supports the use of brain-related criteria for the diagnosis of death, and proposes a new clinical definition of death based on both medical and philosophical principles. Death, Brain Death and Ethics articulates (...) the case for a brain death standard, while presenting an informed viewpoint on what constitutes the end points of human life. Although the book is written from a philosophical standpoint, it raises fundamental questions regarding the meaning of life and death, and will interest lay-persons, lawyers, and physicians. Death, Brain Death and Ethics is sure to prompt discussion and reflection on some of the philosophical beliefs which underlie clinical practice. (shrink)