The dead donor rule justifies current practice in organ procurement for transplantation and states that organ donors must be dead prior to donation. The majority of organ donors are diagnosed as having suffered brain death and hence are declared dead by neurological criteria. However, a significant amount of unrest in both the philosophical and the medical literature has surfaced since this practice began forty years ago. I argue that, first, declaring death by neurological criteria is both unreliable (...) and unjustified but further, the ethical principles which themselves justify the dead donor rule are better served by abandoning that rule and instead allowing individuals who have suffered severe and irreversible brain damage to become organ donors, even though they are not yet dead and even though the removal of their organs would be the proximal cause of death. (shrink)
Part of the appeal of the biological approach to personal identity is that it does not have to countenance spatially coincident entities. But if the termination thesis is correct and the organism ceases to exist at death, then it appears that the corpse is a dead body that earlier was a living body and distinct from but spatially coincident with the organism. If the organism is identified with the body, then the unwelcome spatial coincidence could perhaps be avoided. It (...) is argued that such an identification would be a mistake. A living organism has a different part/whole relationship and persistence conditions than the alleged body. A case will be made that the concept ‘human body’ is a conceptual mess, vague in an unprincipled manner, and that an eliminativist stance towards dead bodies is the appropriate response. CiteULike Connotea Del.icio.us What's this? (shrink)
Non-presentist A-theories of time (such as the growing block theory and the moving spotlight theory) seem unacceptable because they invite skepticism about whether one exists in the present. To avoid this absurd implication, Peter Forrest appeals to the "Past is Dead hypothesis," according to which only beings in the objective present are conscious. We know we're present because we know we're conscious, and only present beings can be conscious. I argue that the dead past hypothesis undercuts the main (...) reason for preferring non-presentist A-theories to their presentist rivals, rivals which straightforwardly avoid skepticism about the present. (shrink)
We argue that the dead donor rule, which states that multiple vital organs should only be taken from dead patients, is justified neither in principle nor in practice. We use a thought experiment and a guiding assumption in the literature about the justification of moral principles to undermine the theoretical justification for the rule. We then offer two real world analogues to this thought experiment, voluntary active euthanasia and capital punishment, and argue that the moral permissibility of terminating (...) any patient through the removal of vital organs cannot turn on whether or not the practice violates the dead donor rule.Next, we consider practical justifications for the dead donor rule. Specifically, we consider whether there are compelling reasons to promulgate the rule even though its corresponding moral principle is not theoretically justified. We argue that there are no such reasons. In fact, we argue that promulgating the rule may actually decrease public trust in organ procurement procedures and medical institutions generally – even in states that do not permit capital punishment or voluntary active euthanasia.Finally, we examine our case against the dead donor rule in the light of common arguments for it. We find that these arguments are often misplaced – they do not support the dead donor rule. Instead, they support the quite different rule that patients should not be killed for their vital organs. (shrink)
Eric Olsen argues from the fact that we once existed as fetal individuals to the conclusion that the Standard View of personal identity in mistaken. I shall establish that a similar argument focusing upon dead people opposes Olson's favored Biological View of personal identity.
This paper maintains (following Yougrau 1987; 2000 and Hinchliff 1996) that the dead and other former existents count as examples of non-existent objects. If the dead number among the things there are, a further question arises: what is it to be dead—how should the state of being dead be characterised? It is argued that this state should be characterised negatively: the dead are not persons, philosophers etc. They lack any of the (intrinsic) qualities they had (...) while they lived. The only facts involving the dead are facts about the relations they stand in—including the relations they bear to the qualities they formerly instantiated, and the intentional relations they stand in to us. Given an appropriate conception of qualities the dead can be said to be quality-less objects: bare particulars. The ‘Bare Particular Theory’ of individuals, it is argued, is coherent if and only if it concedes that the bare particulars it allows for don’t exist. The account of the dead and other former existents as bare particulars does justice to the misfortune of death, and points the way to a general theory of nonexistent objects. (shrink)
Upon its release in 1968, George Romero's Night of the Living Dead was attacked by many critics as an exploitative low budget film of questionable moral value. I argue in this paper that Night of the Living Dead is indeed nihilistic, but in a deeper philosophical sense than the critics had in mind.
This paper argues that, in light of Dead Sea apple cases, we should reject desire-fulfillment welfare theories (DF theories). Dead Sea apples are apples that look attractive while hanging on the tree, but which dissolve into smoke or ashes once plucked. Accordingly, Dead Sea apple cases are cases where an agent desires something and then gets it, only to find herself disappointed by what she has gotten. This paper covers both actual DF theories and hypothetical (or idealized) (...) DF theories. On actual DF theories the agent’s well-being is determined by her actual desires, while on hypothetical DF theories the agent’s well-being is determined by the desires that she would have if she were fully and vividly informed with respect to non-evaluative information. Various actual and hypothetical DF theory responses to Dead Sea apple objections are considered, and all such responses are argued to be inadequate. (shrink)
What is it for a thing to be dead? Fred Feldman holds, correctly in my view, that a definition of ‘dead’ should leave open both (1) the possibility of things that go directly from being dead to being alive, and (2) the possibility of things that go directly from being alive to being neither alive nor dead, but merely in suspended animation. But if this is right, then surely such a definition should also leave open the (...) possibility of things that go directly from being dead to being neither alive nor dead, but merely in suspended animation. I show that Feldman’s own definition of ‘dead’ (in terms of ‘lives’ and ‘dies’) does not leave this possibility open. I propose a new definition that does. (shrink)
abstract My aim in this paper is to argue that we have at least some obligations to the dead. After briefly considering some previous (unsuccessful) attempts to establish such obligations, I offer a reductio argument which establishes at least some obligations to the dead. Following this, the surprising extent of these obligations (given a few roughly Kantian assumptions) is considered. I then argue that there are and must be some significant limitations on the duties of the living in (...) relation to the dead. My aim in this paper is not to sort out how we should deal with all of the particular cases in which the question of obligations to the dead emerge — in archaeological digs, research involving the newly dead, the execution of wills, or the fulfilment of last requests — but I will attempt to lay some groundwork for the future assessment of these questions. (shrink)
As of 2009, the number of donors in Japan is the lowest among developed countries. On July 13, 2009, Japan's Organ Transplant Law was revised for the first time in 12 years. The revised and old laws differ greatly on four primary points: the definition of death, age requirements for donors, requirements for brain-death determination and organ extraction, and the appropriateness of priority transplants for relatives.In the four months of deliberations in the National Diet before the new law was established, (...) various arguments regarding brain death and organ transplantation were offered. An amazing variety of opinions continue to be offered, even after more than 40 years have elapsed since the first heart organ transplant in Japan. Some are of the opinion that with the passage of the revised law, Japan will finally become capable of performing transplants according to global standards. Contrarily, there are assertions that organ transplants from brain-dead donors are unacceptable because they result in organs being taken from living human beings.Considering the current conditions, we will organize and introduce the arguments for and against organ transplants from brain-dead donors in contemporary Japan. Subsequently, we will discuss the primary arguments against organ transplants from brain-dead donors from the perspective of contemporary Japanese views on life and death. After introducing the recent view that brain death should not be regarded as equivalent to the death of a human being, we would like to probe the deeply-rooted views on life and death upon which it is based. (shrink)
This article discusses the role that history and historiography play in Brandom’s Tales of the Mighty Dead . I claim that Brandom’s attempt to integrate a historical dimension in his inferentialist project fails, and argue that the reason for that failure lies in the misconstruction and misreading of Hegel’s idea of rationality with regard, at least, to two fundamental points: to the Hegelian concept of ‘history’ and to his notion of the ‘social’. The further point that I make remains (...) an open question and regards the ideological motives that lead American analytic pragmatists to repeatedly try to institute such a misconstrued contact with Hegel - a contact that is necessarily bound to fail unless the historical dimension of Hegel’s philosophy is not only recognized but somehow integrated into the very idea of philosophy that one systematically practises. Key Words: Robert Brandom • G.W.F.Hegel • history • history of philosophy • historiography. (shrink)
In this paper I place Jim Fetzer's esemplastic burial of the computational conceptionof mind within the context of both my own burial and the theory of mind I would put in place of this dead doctrine. My view..
Abstract Of the many ways in which identity is constructed and performed online, few are as strongly ‘anchored’ to existing offline relationships as in online social networks like Facebook and Myspace. These networks utilise profiles that extend our practical, psychological and even corporeal identity in ways that give them considerable phenomenal presence in the lives of spatially distant people. This raises interesting questions about the persistence of identity when these online profiles survive the deaths of the users behind them, via (...) the practice of ‘memorialising’ social network profile pages. I situate these practices within a phenomenology of grief that accounts for the ways in which the dead can persist as moral patients, and show how online survival in this case illuminates an important difference between persons and selves within contemporary philosophy of personal identity. Ultimately, the online persistence of the dead helps bring into view a deep ontological contradiction implicit in our dealings with death: the dead both live on as objects of duty and yet completely cease to exist. Content Type Journal Article Category Special Issue Pages 1-17 DOI 10.1007/s13347-011-0050-7 Authors Patrick Stokes, Philosophy Group, School of Humanities, University of Hertfordshire de Havilland Campus, Hatfield, Hertfordshire AL10 9AB, UK Journal Philosophy & Technology Online ISSN 2210-5441 Print ISSN 2210-5433. (shrink)
This paper traces the origins of the phrase “God is dead!” back to Hegel and Luther. It proceeds in the following four steps: Section I investigates the appearance of the theme of God’s death in Lutheran theology. Section II elaborates on Hegel’s adaptation of this theme in the context of his early work Faith & Knowledge. In section III, the paper continues on how the theme of the death of God developed from Luther to Nietzsche via Hegel, before concluding, (...) in section IV, by indicating the link between Protestantism and modern atheism. (shrink)
Despite continuing controversies regarding the vital status of both brain-dead donors and individuals who undergo donation after circulatory death (DCD), respecting the dead donor rule (DDR) remains the standard moral framework for organ procurement. The DDR increases organ supply without jeopardizing trust in transplantation systems, reassuring society that donors will not experience harm during organ procurement. While the assumption that individuals cannot be harmed once they are dead is reasonable in the case of brain-dead protocols, we (...) argue that the DDR is not an acceptable strategy to protect donors from harm in DCD protocols. We propose a threefold alternative to justify organ procurement practices: (1) ensuring that donors are sufficiently protected from harm; (2) ensuring that they are respected through informed consent; and (3) ensuring that society is fully informed of the inherently debatable nature of any criterion to declare death. (shrink)
: Research by Siminoff and colleagues reveals that many lay people in Ohio classify legally living persons in irreversible coma or persistent vegetative state (PVS) as dead and that additional respondents, although classifying such patients as living, would be willing to procure organs from them. This paper analyzes possible implications of these findings for public policy. A majority would procure organs from those in irreversible coma or in PVS. Two strategies for legitimizing such procurement are suggested. One strategy would (...) be to make exceptions to the dead donor rule permitting procurement from those in PVS or at least those who are in irreversible coma while continuing to classify them as living. Another strategy would be to further amend the definition of death to classify one or both groups as deceased, thus permitting procurement without violation of the dead donor rule. Permitting exceptions to the dead donor rule would require substantial changes in law—such as authorizing procuring surgeons to end the lives of patients by means of organ procurement—and would weaken societal prohibitions on killing. The paper suggests that it would be easier and less controversial to further amend the definition of death to classify those in irreversible coma and PVS as dead. Incorporation of a conscience clause to permit those whose religious or philosophical convictions support whole-brain or cardiac-based death pronouncement would avoid violating their beliefs while causing no more than minimal social problems. The paper questions whether those who would support an exception to the dead donor rule in these cases and those would support a further amendment to the definition of death could reach agreement to adopt a public policy permitting organ procurement of those in irreversible coma or PVS when proper consent is obtained. (shrink)
Gilmore proposes a new definition of ‘dead’ in response to Fred Feldman’s earlier definition in terms of ‘lives’ and ‘dies.’ In this paper, I critically examine Gilmore’s new definition. First, I explain what his definition is and how it is an improvement upon Feldman’s definition. Second, I raise an objection to it by noting that it fails to rule out the possibility of a thing that dies without becoming dead.
Transplantation of vital organs has been premised ethically and legally on "the dead donor rule" (DDR)—the requirement that donors are determined to be dead before these organs are procured. Nevertheless, scholars have argued cogently that donors of vital organs, including those diagnosed as "brain dead" and those declared dead according to cardiopulmonary criteria, are not in fact dead at the time that vital organs are being procured. In this article, we challenge the normative rationale for (...) the DDR by rejecting the underlying premise that it is necessarily wrong for physicians to cause the death of patients and the claim that abandoning this rule would exploit vulnerable patients. We contend that it is ethical to procure vital organs from living patients sustained on life support prior to treatment withdrawal, provided that there is valid consent for both withdrawing treatment and organ donation. However, the conservatism of medical ethics and practical concerns make it doubtful that the DDR will be abandoned in the near future. This leaves the current practice of organ transplantation based on the "moral fiction" that donors are dead when vital organs are procured. (shrink)
Eric Olsen argues from the fact that we once existed as fetal individuals to the conclusion that the Standard View of personal identity in mistaken. I shall establish that a similar argument focusing upon dead people opposes Olson's favored Biological View of personal identity.
: In this brief commentary, we reflect on the recent study by Siminoff, Burant, and Youngner of public attitudes toward "brain death" and organ donation, focusing on the implications of their findings for the rules governing from whom organs can be obtained. Although the data suggest that many seem to view "brain death" as "as good as dead" rather than "dead" (calling the dead donor rule into question), we find that the study most clearly demonstrates that understanding (...) an individual's definition of death is neither a straightforward task nor a good predictor of views about donation. Reflecting on the implications for ongoing debates over the dead donor rule, we suggest that perhaps it is not a change in policy that is warranted, but rather a change in the priorities that have garnered such intense focus on this issue within the field of bioethics. (shrink)
: The "dead donor rule" is increasingly under attack for several reasons. First, there has long been disagreement about whether there is a correct or coherent definition of "death." Second, it has long been clear that the concept and ascertainment of "brain death" is medically flawed. Third, the requirement stands in the way of improving organ supply by prohibiting organ removal from patients who have little to lose—e.g., infants with anencephaly—and from patients who ardently want to donate while still (...) alive—e.g., patients in a permanent vegetative state. One argument against abandoning the dead donor rule has been that the rule is important to the general public. There is now data suggesting that this assumption also may be flawed. These findings add additional weight to proposals to abandon the dead donor rule so that organ supply can be expanded in a way that is consistent with traditional notions of ethics, law, public policy, and public opinion. (shrink)
Many accounts of the historical development of neurological criteria for determination of death insufficiently distinguish between two strands of interpretation advanced by advocates of a "whole-brain" criterion. One strand focuses on the brain as the organ of integration. Another provides a far more complex and nuanced account, both of death and of a policy on the determination of death. Current criticisms of the whole-brain criterion are effective in refuting the first interpretation, but not the second, which is advanced in the (...) 2008 President's Council report on the determination of death. In this essay, I seek to further develop this second strand of interpretation. I argue that policy on determination of death aligns moral, biological, and ontological death concepts. Morally, death marks the stage when respect is no longer owed. Biologically, death concerns integrated functioning of an organism as a whole. But the biological concepts are underdetermined. The moral concerns lead to selection of strong individuality concepts rather than weak ones. They also push criteria to the "far side" of the dying process. There is a countervailing consideration associated with optimizing the number of available organs, and this pushes to the "near side" of death. Policy is governed by a conviction that it is possible to align these moral and biological death concepts, but this conviction simply lays out an agenda. There is also a prescription—integral to the dead donor rule—that lexically prioritizes the deontic concerns and that seeks to balance the countervailing tendencies by using science-based refinements to make the line between life and death more precise. After showing how these concerns have been effectively aligned in the current policy, I present a modified variant of a "division" scenario and show how an "inverse decapitation problem" leads to a conclusive refutation of the nonbrain account of death. (shrink)
One goal of the transplant community is to seek ways to increase the number of people who are willing and able to donate organs. People in states between life and death are often medically excellent candidates for donating organs. Yet public policy surrounding organ procurement is a delicate matter. While there is the utilitarian goal of increasing organ supply, there is also the deontologic concern about respect for persons. Public policy must properly mediate between these two concerns. Currently the (...) class='Hi'>dead donor (dd) rule is appealed to as an attempt at such mediation. I argue that given the lack of consensus on a definition of death, the dd rule is no longer successful at mediating utilitarian and deontologic concerns. I suggest instead that focusing on a particular person's history can be successful. (shrink)
The dead will remain with us, Sartre remarks at the end of Les Mots, for as long as humanity roams the earth. The dead are never quite dead; they survive in what Sartre, in L'Etre et le néant, calls 'la vie morte' (dead life). In Huis clos, Sartre envisages an afterlife in which, although they can no longer act, the dead continue to agonize over the meaning of their lives and their now irrevocable actions. Sartre's (...) script of Les Jeux sont faits, filmed by Jean Delannoy and shown at the Cannes Film Festival in 1947, goes a step further. It depicts two dead people given the chance to return to earth in the pursuit of love and, at the same time, the opportunity to rectify their earlier mistakes, to change the meaning of their lives by intervening more effectively in their worlds. Despite its supernatural story line, the stakes of Les Jeux sont faits are recognizably Sartrean. The film serves as an opportunity to probe the themes of freedom, responsibility, choice, the role of the individual agent in history, the self's opacity to itself, the conflict endemic in the human condition and the ways in which external circumstances make a mockery of our endeavours. It asks the question, if we were given a second chance, could we revisit the scenes of our failures and transform them into successes? Could we learn from our mistakes and lucidly remodel the world in the form of our desires? Or are we condemned only to fail again, to make the same mistakes twice over? (shrink)
In this essay I attempt to show the limitations of analytic thinking and the kinds of dead ends into which such analyses may lead us in the philosophy of sport. As an alternative, I argue for a philosophy of complementation and compatibility in the face of what appear to be exclusive alternatives. This is a position that is sceptical of bifurcations and other simplified portrayals of reality but does not dismiss them entirely. A philosophy of complementation traffics in the (...) realm of ambiguities, paradoxes, differences by degree, tendencies, mixtures, polarities, tensions, complexes, transitions and all other forms of messiness. I note that this position has been generated, in part, by work conducted in the empirical sciences and that complementation provides a paradigm that is useful across the academic disciplines. To show the ways in which analytic thinking leads to dead ends, I analyse the epistemological debate over ?broad internalism? engaged in by Russell (1999, 2004), Dixon (2003), Simon (2000, 2004) and Morgan (2004). Evidence for the claim that they reached a mostly unhelpful stalemate is based on the fact that they did not provide any third option and moreover that the analytic tools and ground rules they employ prevent its discovery. I suggest that all four authors are comfortable with the analytic tendency to bifurcate reality and require choices among exclusionary alternatives. I also claim that they treat reason as if it were generated by a ?mind from nowhere?. Philosophical anthropology, I suggest, provides much-needed somatic grounding that would reign in excessively optimistic views of reason (Dixon, Simon and Russell) or excessively plastic interpretations of mind (Morgan). It can also provide evidence that could help us understand why hominids (even modern ones) are so attracted to dichotomies and why we have so much trouble in reconciling apparent incompatibilities. (shrink)
Traditionally, people were recognized as being dead using cardio-respiratory criteria: individuals who had permanently stopped breathing and whose heart had permanently stopped beating were dead. Technological developments in the middle of the twentieth century and the advent of the intensive care unit made it possible to sustain cardio-respiratory and other functions in patients with severe brain injury who previously would have lost such functions permanently shortly after sustaining a brain injury. What could and should physicians caring for such (...) patients do? Significant advances in human organ transplantation also played direct and indirect roles in discussions regarding the care of such patients. Because successful transplantation requires that organs be removed from cadavers shortly after death to avoid organ damage due to loss of oxygen, there has been keen interest in knowing precisely when people are dead so that organs could be removed. Criteria for declaring death using neurological criteria developed, and today a whole brain definition of death is widely used and recognized by all 50 states in the United States as an acceptable way to determine death. We explore the ongoing debate over definitions of death, particularly over brain death or death determined using neurological criteria, and the relationship between definitions of death and organ transplantation. (shrink)
Serious work in history of philosophy requires doing something very difficult: conducting a hypothetical dialogue with dead philosophers. Is it worth devoting to it the time and energy required to do it well? Yes. Quite apart from the intrinsic interest of understanding the past, making progress toward solving philosophical problems requires a good grasp of the range of possible solutions to those problems and of the arguments which motivate alternative positions, a grasp we can only have if we understand (...) well philosophy's past. Philosophers who concentrate too much on the present are apt to assume too simple a view of alternative theories and of important philosophical arguments. Ryle and Austin offer instructive examples of how it is possible to go wrong by ignoring or misrepresenting historical figures. (shrink)
The idea of a ?dialogue with the dead? strikes us by turns as both impossible and intriguing. Yet, what can be really meant by it is far from clear. This essay attempts to explore this idea in the work of novelist W. G. Sebald. It examines the scope and the meaning of such an interchange in his works and connects this theme to his wider explorations of ?creaturely life.? It also links this particular dimension of Sebald's notion of ?creaturely? (...) or ?bare? life with some of the other major treatments of the same theme in recent literature and philosophy. (shrink)
: It has recently become known that, in Liverpool and elsewhere, parts of children's bodies were taken postmortem and used for research without the parents being told. But should parental consent be sought before using children's corpses for medical purposes? This paper presents the view that parental consent is overrated. Arguments are rejected for consent from dead children's interests, property rights, family autonomy, and religious freedom. The only direct reason to get parental consent is to avoid distressing the parents, (...) which carries implications for the consent process, secret harvesting of body parts, and the weight to be given to parental feelings. (shrink)
More than 25 years after the discovery that the equilibrium point of a general equilibrium model is not necessarily either unique or stable, there is still a need for an intuitively comprehensible explanation of the reasons for this discovery. Recent accounts identify two causes of the finding of instability: the inherent difficulties of aggregation, and the individualistic model of consumer behaviour. The mathematical dead end reached by general equilibrium analysis is not due to obscure or esoteric aspects of the (...) model, but rather arises from intentional design features, present in neoclassical theory since its beginnings. Modification of economic theory to overcome these underlying problems will require a new model of consumer choice, nonlinear analyses of social interactions, and recognition of the central role of institutional and social constraints. (shrink)
: American society traditionally has assumed a univocal notion of "death," largely because we have only one word for it and, until recently, have not needed a more nuanced notion. The reality of death-processes does not preclude the reality of death events. Linguistically, "death" can be understood only as an event; there are other words for the process. Our death vocabulary should expand to reflect multiple events along the process from sickness to decomposition. Depending on context, some death-related events may (...) constitute a more obvious discontinuity than others and more justifiably may be considered "death" within that context. There is no reason to assume a priori that there must be an overarching, unitary concept of death from which all diagnostic criteria must derive. Regarding organ transplantation, the relevant question is not "Is the patient dead?" but rather "Can organs X, Y, Z . . . be removed without causing or hastening death or harming the patient?". (shrink)
Gadamer's Truth and Method emphasises the priority of engagement with questions in the process of interpretation; however, there are passages which appear dismissive of concerns with 'dead' scientific and philosophical questions. Here I argue that Gadamer's work is nevertheless an important resource for the historical study of the genesis and dissolution of questions. This type of study can overcome the divide between internal history of contents and external history of contexts. In both philosophy and the sciences, reflection on the (...) genealogy of questions is, I suggest, crucial for our critical awareness of current methods and agendas. (shrink)
: This paper examines informed consent in relation to research involving the newly dead. Reasons are presented for facilitating advance decision making in relation to postmortem research, and it is argued that the informed consent of family members should be sought when the deceased have not made a premortem decision. Regardless of whether the dead can be harmed, there are two important respects in which family consent can serve to protect the dead: (1) protecting the deceased's body (...) from being used for research that is incompatible with the person's premortem preferences and values and (2) protecting the deceased's body from being subject to disrespectful treatment. These claims are explained and justified, and several objections are critically examined. Additional reasons for securing family consent are presented including to protect them from additional emotional distress, to respect their wishes about wanting to have a say, and to maintain public trust in the medical profession and medical research. The paper also examines the scope of disclosure in relation to postmortem research. (shrink)
This paper is concerned with the ethics of dealing with the dead. In particular, it examines the case of the Kennewick Man—a skeleton discovered in Washington State in 1996. This archaeological find has created a conflict between scientists, who have much to learn by the study of such bones, and some Native Americans, who believe that studying these bones is disrespectful to the dead. A law-suit was launched with the aim of preventing scientific study of the remains of (...) Kennewick Man, but this law-suit was decided in favour of the scientists. I consider three concepts of Selfhood and relate them to the case. First, I consider the concept of Self as an autonomous entity with interests that arise from individual goals. I discuss the limits of such interests after death. Second, I consider the holistic concept of Self described by Deep Ecologists and others. Third, I describe the relational self associated with some feminist philosophers and communitarians to conclude that this idea provides an argument for respecting the dead. It does this in virtue of how it solves “the problem of the nonexistent subject.” Of these threeconceptions of selfhood, only one, the social-relational view, could serve to ground any injunction to leave ancient bones undisturbed. The KennewickMan case could be described as a debate over whether Kennewick Man meets this relational definition of selfhood. (shrink)
The victim’s upper brain is destroyed. He’s a living corpse, but his organs are alive and warm and happy until they can be taken out by the butchers at the Institute. Karen Ann Quinlan wasn’t dead. But, terrifyingly, she wasn’t fully alive, either. Maybe she was no longer human. A smear like “death panels” emerges and catches fire because it’s fundamentally interesting. You could write a great thriller . . . about death panels. As I write, a single phrase (...) dominates public discussion of health-care reform in the United States: “death panels.” Its power cannot lie in its referential accuracy or be diminished by arguing, even with irrefutable evidence, that it is a misrepresentation. The .. (shrink)
Introduction: The quickened and the dead -- Ontology for philologists : Nietzsche, body, subject -- "Be your self!" : Nietzsche as educator -- The life of thought : Nietzsche's truth perspectivism and the will to power -- Of slaves and masters : the birth of good and evil -- Moments of excess : the making and unmaking of the subject -- Lacan, desire, and the originating function of loss -- The word that sees me : the nexus of image (...) and sign -- The nothing as the reverse side of Lacan's mirror -- Nietzsche is dead, long live Nietzsche : in memory of paternal ghosts -- The "insiders" : Nietzsche's secret teaching and the invention of "the philosopher of the future" -- Finding one's home in the nothingness of Nietzsche's text -- Nietzsche's excessive demand and the question of the adulterous queen's desire -- High and low : the hierarchical structure of Nietzsche's texts -- Inside and outside : Nietzsche "incorporated"; or, Who incorporates whom in the act of reading Nietzsche? -- The father's indulgence of the prodigal son : ambiguity and the limits of "the position" -- The contagion of affect in Netzsche : Klein, Krell, Bataille -- Doing time with Melanie Klein : renouncing "the bad breast," mourning the loss of "the good breast" -- "Motivating this writingéis a fear of going crazy" : how Klein might read Georges Bataille sur Nietzsche -- David Farrell Krell's "novel" approach to reading Nietzsche -- Family romances and textual encounters : Sarah Kofman reading Nietzsche -- Reading Nietzsche I : explosions -- Autobiography or autothanography : killing with words in Rue Ordener, Rue Labat -- Reading Nietzsche II : le pris des juifs; Nietzsche, les juifs, l'anti-semitisme -- The vision, the riddle, and the vicious circle : Pierre Klossowski's reading of Nietzsche's sick body -- On the continuity and disjunction between the body and language -- Exquisite delirium : the thought of eternal return -- The conspiracy of philosopher/villains : Nietzsche/Klossowski/Sade -- From cannibalism to voodoo : the creation and control of the subject of Nietzsche's writing. (shrink)
Queen Christina of Sweden was unconventional in her time, leading to hypotheses on her gender and possible hermaphroditic nature. If genetic analysis can substantiate the latter claim, could this bring the queen into disrepute 300 years after her death? Joan C. Callahan has argued that if a reputation changes, this constitutes a change only in the group of people changing their views and not in the person whose reputation it is. Is this so? This paper analyses what constitutes change and (...) draws out the implications to the reputation of the dead. It is argued that a reputation is a relational property which can go through changes. The change is “real” for the group changing their views on Queen Christina and of a Cambridge kind for the long dead queen herself. Cambridge changes result in new properties being acquired, some of which can be of significance. (shrink)
This essay focuses on the purported duty?defended by Walter Benjamin but widely assumed in much political theory and practice?of the living to redeem the suffering of those who died as a consequence of oppression, exploitation, and political violence. I consider the cogency and ethical value of this duty from the perspective of a politics grounded in the equal life-value of human beings. For both metaphysical and ethical reasons I conclude that this duty does not obtain, first because the dead (...) cannot experience redemption, and secondly because it is politically counterproductive: it personalizes a pathological form of political resistance which may easily incite further violence and thus perpetuate human suffering and oppression. (shrink)
One of the most pressing issues for contemporary continental philosophy turns on the determination of a concept of community that twists free from the dangerous tendency in the canon of Western thought to associate the perfection of political affiliation with complete unity, even totality and immanence. In this article the author suggests that in the Phenomenology of Spirit Hegel provides important resources for this project—not, of course, in his conception of that community indicated by the absolute spirit, itself a preeminent (...) example of political totality, but instead in his discussion of a very different form of togetherness, one achieved in the tragic work of art. As the author argues, this is a sense of community that takes as its very basis the impossibility of political totality, for Hegel an impossibility evoked by a crisis concerning the political significance of the dead. (shrink)
Against the thesis that permanently unconscious persons cannot be harmed, and thus are not owed moral deference, it is argued that even the dead can be harmed and are owed moral respect, so a fortiori those dubiously or not quite dead deserve some moral deference. Keywords: former person, right, euthanasia, comatose, personhood CiteULike Connotea Del.icio.us What's this?
Do not pass by my epitaph, Wayfarer, but when you have stopped, hear and learn, then depart. There is no boat, To carry you to Hades, No ferryman Charon, No judge Aeacus, No Dog Cerberus. All of us below have become bones and ashes. Truly, I have nothing more to tell you. So depart, wayfarer, Lest dead though I am I seem to you to be a teller of vain tales.
: Research involving the dead, especially heart-beating cadavers, may facilitate the testing of potentially revolutionary and life-saving medical treatments. However, to ensure that such research is conducted ethically, it is essential to: (1) identify appropriate standards for this research and (2) assign institutional responsibility and a mechanism for oversight. Protocols for research involving the dead should be reviewed by a special committee and assessed according to nine standards intended to ensure scientific merit, to protect deceased patients and their (...) families, and to promote institutional integrity and responsibility. Federal regulation of research involving the dead will foster appropriate standards and, equally importantly, help establish the acceptability of such research. (shrink)
The hypothesis of this paper is that we maintain a relationship with the dead precisely in their death, and this relationship is best understood in terms of Peirce's semiotics and its influence on the work of Jacques Derrida. Roland Bardies' theory of photography illustrates this semiotics of death. The subsistent and continuous reality of the non-extant, absent and silent being of the dead individual is manifested—and continues to communicate—through indexical signs, i.e., any traces left behind by the (...) class='Hi'>dead individual (such as photos, clothes, glasses, writings, recordings). (shrink)
In this paper I try to defend the notion that the dead can be harmed, in opposition to Callahan and in accord with some ideas of Feinberg. In agreement with Parlit, I argue that the existence of a person has degrees. I suggest that properlies of a subject, such as “reputations” and claims, can persist after death, aIthough the subject as such does not and that these can be harmed. A promise, e.g., can be frustrated merely by being ignored; (...) in that sense a dead person can be wronged, and if wronged, s/he can be harmed. (shrink)
This paper examines the ethicalproblems that arise when research is carriedout after autopsy on dead infants. It comparesthe right of parents against that of the publicinterest in matters of research on dead minors. The basis for the respect that is widelyaccorded to the body of a dead person isexamined and is shown to ground the parentalinterest. A discussion of the nature of thefamily suggests that `informed consent' is notthe best term to apply to the process ofparental consultation. (...) Some reasons areprovided against using this term in the contextin which bereaved parents are consulted aboutautopsy and research on their dead infants. Itis suggested that a term such as `authorize'might better apply to this situation. (shrink)
Did you know that insects could be tried for criminal acts in pre-industrial Europe, that the dead could be executed, that statues could be subjected to public humiliation, or that it was widely accepted that corpses could return to life? What made reasonable, educated men and women behave in ways that seem utterly nonsensical to us today? Strange Histories presents for the first time a serious account of some of the most extraordinary occurrences of European history. Throughout the ages, (...) people have held ideas and events have taken place which have baffled later societies. Religious disbelievers were thought deserving of death, insects were occasionally excommunicated, studying the biology of angels was a legitimate activity, and the pursuit of personal happiness was considered rather misguided as a life strategy. Using case studies from the Middle Ages and the early modern period with some from the more recent past, this book provides fascinating insights into the world-view through the ages, and shows how such goings-on fitted in quite naturally with the "common sense" of the time. Explanations of these phenomena, riveting and ultimately rational, encourage further reflection on what really shapes our beliefs. In the light of history, can we be sure of the validity of our own ideas? How many of our own beliefs might no longer "make sense" a few centuries from now? (shrink)
Nobody has died yet as a result of the ongoing trials for transferring money internationally without a license of four Harrisonburg men from Kurdish parts of Iraq: Rashid Qambari, Ahmed Abdullah, Amir Rashid, and Fadhil Noroly. However, before coming here they were threatened because of their work for groups associated with the United States, and they were brought here by the United States government as part of Operation Pacific Haven. Saddam Hussein killed members of local Kurdish families. Qambari, convicted on (...) January 30, 2006, has stated, “If I get deported back to Iraq, I will be a nice gift to the insurgents. I will be dead.” Deportation is a possible outcome of his conviction. (shrink)
The privacy of the dead might be thought to be violated by, for instance, the disinterment for research purposes of human physical remains or the posthumous revelation of embarrassing facts about people's private lives. But are there any moral rights to privacy which extend beyond the grave? Although this notion can be challenged on the ground that death marks the end of the personal subject, with the consequent extinction of her interests, I argue that a right to privacy belongs (...) to deceased persons in virtue of their moral status while alive and reflects their interest in the preservation of their dignity. The paper investigates what prima-facie privacy rights and interests may plausibly be ascribed to the dead and why these need to be taken seriously by those, such as archaeologists or biographers, who have "dealings with the dead.". (shrink)
Do not pass by my epitaph, Wayfarer, but when you have stopped, hear and learn, then depart. There is no boat, To carry you to Hades, No ferryman Charon, No judge Aeacus, No Dog Cerberus. All of us below have become bones and ashes. Truly, I have nothing more to tell you. So depart, wayfarer, Lest dead though I am I seem to you to be a teller of vain tales.
Gametes, tissue, and organs can be taken from the dying or dead for reproduction, transplantation, and research. Whole bodies as well as parts can be used for teaching anatomy. While these uses are diverse, they have an ethical consideration in common: the claims of the people whose bodies are used. Is some use permissible only when people have consented to the use, actually wanted the use, would have wanted the use, not opposed the use, or what? The aim of (...) this article is to make progress in answering these questions. Initially I assume knowledge of people’s desires in order to test whether consent is directly required by their rights without worrying about mistaken uses against their wishes. I claim consent is not directly required by people’s rights. If we know people wanted or would want a use, their rights permit the use, but if we know they wanted or would want not to be used, their rights do not permit the use. The knowledge assumption is then dropped and the question becomes how to decide what to do when the wishes of rightholders are not known. I suggest working out what to do when wishes are known and then adjusting, on the basis of whatever evidence there is, for probability and strength of desire. There are other considerations too, for instance about default rules. The key general comment here is that, in setting rules, the costs to rightholders in not getting what they want needs to be taken into account. The final section tries to show that, in setting these rules, mistaken uses are not to be taken as worse than mistaken failure to use. (shrink)
Jim Jarmusch's Dead Man is a modern myth. Like many ancient myths it seems to have the structure of a rite of passage analysed by van Gennep into three stages: separation, marginal existence and reintegration. Separation is precipitated by a traumatic event and the marginal state is characterized by extraordinary experiences and feats. However, Jarmusch's tale does not quite fit the ancient initiation pattern since the last stage, reintegration, is at least prima facie missing. This already undermines the social (...) function of initiation and warps the significance of the myth. The modern town of ?Machine?, where the marginal existence of Blake is sealed, looms in the background of the story of his final journey to the world of spirits whence he had come. But Blake cannot quite embrace the story in which he plays the protagonist. The story is cobbled together by the Native American called ?Nobody.? Blake sceptically resigns himself to his fate. Why does Blake do this? Jarmusch manipulates the generic structure of the initiation tale in order to say something culturally significant about the possibility of living a meaningful life in a world dominated by the machine. In other words, he tells a modern myth. What does his tale say? (shrink)
(2013). Nietzsche on Rock and Stone: The Dead World, Dance and Flight. International Journal of Philosophical Studies: Vol. 21, No. 1, pp. 20-40. doi: 10.1080/09672559.2012.746273.
Japanese Buddhism is sometimes called “funeral Buddhism” contemptuously. Buddhism is often criticized in that it serves only the dead and does not useful for the living. In truth, the main duties of Buddhist monks are to perform funeral services, maintain graves and perform memorial services for the dead in Japan today. Modern Buddhist leaders in Japan tried to argue against such criticism and insisted that Buddhism in origin was not a religion for the dead but for the (...) living. In the post-modern situation, however, the philosophy of the dead is becoming necessary instead of the philosophy of the living that has been prevalent in modern ages. The living human beings cannot live without thinking of the dead. For example, the war victims in Auschwitz, Hiroshima, Nanjing and other places do not forgive us even today. In this situation, it is necessary to evaluate Buddhist tradition in Japan that shows us the way how to go with the dead. In this paper, first, I will introduce the philosophy of Tanabe Hajime (1885-1962) who insisted the existential co-operation with the dead under the influence of Zen Buddhism and next, examine some Mahayana Buddhist sutras from the viewpoint of the relation between the living and the dead. (shrink)
Back in the nineteen-seventies, inflation and unemployment were rapidly increasing together in the Western world, although according to the then ruling Keynesian priesthood they would never do so. By the end of the decade, the proudly proclaimed ability of the Keynesians to fine-tune the economy was shown to be a sham. Their performance records varied from country to country but the overall picture was bleak. Their technocratic macroeconomic management had delivered high levels of public spending, taxation, public debt, inflation, unemployment (...) and bureaucracy and little else.1 As the size of government expanded, the productive sectors of the economy contracted. It became clear to almost everybody that the Keynesian orthodoxy was if not a road to serfdom then certainly a dead end street. Yet, now, in the wake of the spectacular crisis following the bursting of the housing bubble in the U.S.A., people from all over the political spectrum are clamoring for the return of Keynes. On all sides, greed is denounced as the motive.. (shrink)
Jesse Bering's theory of the “folk psychology of souls” is brilliantly elucidated and warrants further empirical investigation. While additional experimental research is certainly required, we also need to interrogate the evidence on reasoning about dead agents in a wide range of real-world settings.
Presentists standardly conform to the eternalist’s paradigm of treating all cases of property-exemplification as involving a single relation of instantiation. This, we argue, results in a much less parsimonious and philosophically explanatory picture than is possible if other alternatives are considered. We argue that by committing to primitive past and future tensed instantiation ties, presentists can make gains in both economy and explanatory power. We show how this metaphysical picture plays out in cases where an individual exists to partake in (...) facts about its past and future, and also in cases where that individual no longer exists, and proxies (or surrogates) for that thing must be found. (shrink)
A century after its publication, G.E. Moore''sPrincipia Ethica stands as one of theclassic statements of anti-naturalism inethics. Moore claimed that the most basic ethicalproperties were denoted by `good'' and `bad'' andthat all naturalist accounts of thoseproperties were inadequate. His open-questionargument aimed to refute any proposedidentification of good with some naturalproperty, and Moore concluded from theargument that good must be a nonnaturalproperty.The received view is that the open-questionargument is a failure. In this paper,my aim is to breathe some life back intoMoore''s (...) argument. My plan for doing so beginsby presenting the standard interpretation ofthe argument and then showing that there isan alternative to that interpretation. Thealternative is not developed at any length byMoore and stands in need of some elaboration. Isuggest a way of elaborating theargument and then show that the standardcriticisms of Moore fail to undermine thisalternative version of the open-questionargument. (shrink)
A work in the history of systematic philosophy that is itself animated by a systematic philosophic aspiration, this book by one of the most prominent American ...
It was news verging on sensational when A. J. Ayer came back from four minutes of heart death with a report of what he saw. Especially since the philosopher, who publicized his near-death experience [NDE] in 1988, in the Telegraph and the Spectator, was known for his lifelong rejection of religion and the supernatural. But, as will be seen, Ayer's beliefs on that head were substantially unchanged, if more ambivalently expressed, and the interest of his NDE lies elsewhere— in what (...) it reveals about his philosophy. (shrink)
Drawing on Zen as well as on Nietzsche's thought and its ramifications in and for western culture, this book is a fervent call for a re-visioning of philosophy ...
One reason why the Biological Approach to personal identity is attractive is that it doesn’t make its advocates deny that they were each once a mindless fetus.[i] According to the Biological Approach, we are essentially organisms and exist as long as certain life processes continue. Since the Psychological Account of personal identity posits some mental traits as essential to our persistence, not only does it follow that we could not survive in a permanently vegetative state or irreversible coma, but it (...) would appear that none of us was ever a mindless fetus. But what happens to the organism that was a mindless fetus when the _person_ arrives on the scene?[ii] Can the acquisition of thought destroy an organism? That would certainly be news to biologists. Does one organism cease to exist with the emergence of thought and another organism, one identical to the person, take its place? (Burke,1994) That doesn’t seem much more plausible than the previous move. Should identity and Leibniz. (shrink)
The recent 'animal turn' in geography has contributed to a critical examination of the inseparable geographies of human and non-human animals, and has a clear ethical dimension. This paper is intended to explore these same ethical issues through a consideration of the historical geography of petkeeping as this relates to the death and commemoration of favourite household animals. The emergence of the pet cemetery, towards the end of the 19th century, is a significant step in itself, but this was only (...) one element in a radical reappraisal of the place of non-human animals in human sensibility and spirituality. For some bereaved pet-owners, the old question of the immortality of animal souls was retrieved and transformed, and sustained by a raft of unorthodox theological and spiritual speculation. The significance of this late Victorian and Edwardian response to non-human animals is assessed and treated as a problem of ethics, as a counterweight to the dominant anthropocentrism of past times and ours. (shrink)
I have assumed that consciousness exists, and that to redefine the problem as that of explaining how certain cognitive and behavioral functions are performed is unacceptable. . . .Like many people (materialists and dualists alike), I find this premise obvious, although I can no more "prove" it than I can prove that I am conscious. . . .there is no denying that such arguments - on either side - ultimately come down to a bedrock of intuition at some point. (Chalmers (...) undated). (shrink)
We live in interesting times. Two well-known biologists — E. O. Wilson and Richard Dawkins — and some of their well-known colleagues, who used to employ broadly similar selection models, now deeply disagree over the role of group selection in the evolution of eusociality (or so we argue). Yet they describe their models as interchangeable. As philosophers of biology, we wonder whether there is substantial (i.e., empirical) disagreement here at all, and, if there is, what is this disagreement about? We (...) argue that a substantial disagreement over the processes that caused eusociality best explains this debate, yet the common practice of using overarching definitions for “group selection” and “kin selection” renders empirical differences difficult to detect. We suggest Michael J. Wade’s use of these terms as a basis for models that reveal different selection processes. Wade’s models predict different outcomes for different processes and thus can be tested. (shrink)
This essay explores how the doctrine of the Resurrection informs theological reflection on reconciliation in post-Apartheid South Africa. It begins by establishing the fragile and liminal state of reconciliation, despite the efforts of the Truth and Reconciliation Commission. It then argues that the Resurrection offers an ecstatic and relational understanding of the human, which in turn provides a basis for advancing claims regarding human dignity and well-being. In conversation with the work of Oliver O'Donovan and James Alison on the Resurrection, (...) this view is further contextualized by incorporating insights from ubuntu and from the work of Judith Butler on grieving. The essay closes with proposals for how the church in post-Apartheid South Africa can give witness to the Resurrection in its immediate life and work through advocacy and carrying on the politics of grieving. (shrink)
It is widely accepted that a person can be harmed by events that occur after her death. The most influential account of how persons can suffer such posthumous harm has been provided by George Pitcher and Joel Feinberg. Yet, despite its influence (or perhaps because of it) the Feinberg-Pitcher account of posthumous harm has been subject to several well-known criticisms. Surprisingly, there has been no attempt to defend this account of posthumous harm against these criticisms, either by philosophers who work (...) on the metaphysics of death or by those who draw upon this account of posthumous harm in their work in other philosophical fields. This paper will rectify this omission, by defending this view against the criticisms it has been subject to—a defense that will both be of intrinsic interest to those who work on the metaphysics of death and that will remedy the lacunae in the wide-ranging philosophical literature that draws upon this account of how posthumous harm is possible. (shrink)
I examine an argument that appears to take us from Parfit’s [Reasons and Persons, Oxford: Clarendon Press (1984)] thesis that we have no reason to fulfil desires we no longer care about to the conclusion that the effect of posthumous events on our desires is a matter of indifference (the post-mortem thesis). I suspect that many of Parfit’s readers, including Vorobej [Philosophical Studies 90 (1998) 305], think that he is committed to (something like) this reasoning, and that Parfit must therefore (...) give up the post-mortem thesis. However, as it turns out, the argument is subtly equivocal and does not commit Parfit to the post-mortem thesis. I close with some doubts about Parfit’s case for his indifference thesis. (shrink)
Keller & Miller (K&M) propose that many psychiatric disorders are best explained in terms of a genetic watershed model. This view challenges traditional evolutionary accounts of psychiatric disorders, many of which have tried to argue in support of a presumed balanced polymorphism, implying some hidden adaptive advantage of the alleles predisposing people to psychiatric disorders. Does this mean that evolutionary ideas are no longer viable to explain psychiatric disorders? The answer is no. However, K&M's critical evaluation supports the view that (...) psychiatric disorders are not categorically distinct from normalcy, and that evolutionary psychopathology should be grounded in rigorous empirical testing. (Published Online November 9 2006). (shrink)
The dynamic relationship between hypernorms and microsocial contracts can explain novel, evolutionary changes in economic life. The conceptual machinery of Integrative Social Contracts Theory (ISCT) can be expanded in order to understand dynamic moments in the evolution in economic life such as the economic crisis of 2008–2009. When a transition in the ethical interpretation of economic events occurs over time, it can be understood as a transition from the opaqueness of hypernorms to the relative clarity of microsocial contracts. This phenomenon (...) deserves more study than it has recevied, and entails, at a minimum, the application of an enhanced, more dynamic interpretation of ISCT. (shrink)
We discuss two recent attempts two solve Schrodinger's cat paradox. One is the modal interpretation developed by Kochen, Healey, Dieks, and van Fraassen. It allows for an observable which pertains to a system to possess a value even when the system is not in an eigenstate of that observable. The other is a recent theory of the collapse of the wave function due to Ghirardi, Rimini, and Weber. It posits a dynamics which has the effect of collapsing the state (...) of macroscopic systems. We argue that the modal interpretation cannot account for non-accurate measurements and that both accounts have the consequence that in ordinary measurement situations (including the situation of Schrodinger's cat) the observables that ends up well defined are not quite the ones that we want to be well defined. (shrink)
