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L. Syd M. Johnson (2014). A Legal Fiction with Real Consequences.

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  1.  20
    Re A and the United Kingdom Code of Practice for the Diagnosis and Confirmation of Death: Should a Secular Construct of Death Override Religious Values in a Pluralistic Society?Kartina A. Choong & Mohamed Y. Rady - 2018 - HEC Forum 30 (1):71-89.
    The determination of death by neurological criteria remains controversial scientifically, culturally, and legally, worldwide. In the United Kingdom, although the determination of death by neurological criteria is not legally codified, the Code of Practice of the Academy of Medical Royal Colleges is customarily used for neurological death determination and treatment withdrawal. Unlike some states in the US, however, there are no provisions under the law requiring accommodation of and respect for residents' religious rights and commitments when secular conceptions of death (...)
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  2. Rethinking Brain Death as a Legal Fiction: Is the Terminology the Problem?Seema K. Shah - 2018 - Hastings Center Report 48 (S4):S49-S52.
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    The Case for Reasonable Accommodation of Conscientious Objections to Declarations of Brain Death.L. Johnson - 2016 - Journal of Bioethical Inquiry 13 (1):105-115.
    Since its inception in 1968, the concept of whole-brain death has been contentious, and four decades on, controversy concerning the validity and coherence of whole-brain death continues unabated. Although whole-brain death is legally recognized and medically entrenched in the United States and elsewhere, there is reasonable disagreement among physicians, philosophers, and the public concerning whether brain death is really equivalent to death as it has been traditionally understood. A handful of states have acknowledged this plurality of viewpoints and enacted “conscience (...)
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