Results for 'brain death'

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Bibliography: Brain Death in Applied Ethics
  1. Current Debate on the Ethical Issues of Brain Death.Masahiro Morioka - 2004 - Proceedings of International Congress on Ethical Issues in Brain Death and Organ Transplantation:57-59.
    The philosophy of our proposal are as follows: (1) Various ideas of life and death, including that of objecting to brain death as human death, should be guaranteed. We would like to maintain the idea of pluralism of human death; and (2) We should respect a child’s view of life and death. We should provide him/her with an opportunity to think and express their own ideas about life and death.
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  2.  27
    Integrated But Not Whole? Applying an Ontological Account of Human Organismal Unity to the Brain Death Debate.Melissa Moschella - 2016 - Bioethics 30 (8):550-556.
    As is clear in the 2008 report of the President's Council on Bioethics, the brain death debate is plagued by ambiguity in the use of such key terms as ‘integration’ and ‘wholeness’. Addressing this problem, I offer a plausible ontological account of organismal unity drawing on the work of Hoffman and Rosenkrantz, and then apply that account to the case of brain death, concluding that a brain dead body lacks the unity proper to a human (...)
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  3.  43
    Brain Death, States of Impaired Consciousness, and Physician-Assisted Death for End-of-Life Organ Donation and Transplantation.Joseph L. Verheijde, Mohamed Y. Rady & Joan L. McGregor - 2009 - Medicine, Health Care and Philosophy 12 (4):409-421.
    In 1968, the Harvard criteria equated irreversible coma and apnea with human death and later, the Uniform Determination of Death Act was enacted permitting organ procurement from heart-beating donors. Since then, clinical studies have defined a spectrum of states of impaired consciousness in human beings: coma, akinetic mutism, minimally conscious state, vegetative state and brain death. In this article, we argue against the validity of the Harvard criteria for equating brain death with human (...). Brain death does not disrupt somatic integrative unity and coordinated biological functioning of a living organism. Neurological criteria of human death fail to determine the precise moment of an organism’s death when death is established by circulatory criterion in other states of impaired consciousness for organ procurement with non-heart-beating donation protocols. The criterion of circulatory arrest 75 s to 5 min is too short for irreversible cessation of whole brain functions and respiration controlled by the brain stem. Brain -based criteria for determining death with a beating heart exclude relevant anthropologic, psychosocial, cultural, and religious aspects of death and dying in society. Clinical guidelines for determining brain death are not consistently validated by the presence of irreversible brain stem ischemic injury or necrosis on autopsy; therefore, they do not completely exclude reversible loss of integrated neurological functions in donors. The questionable reliability and varying compliance with these guidelines among institutions amplify the risk of determining reversible states of impaired consciousness as irreversible brain death. The scientific uncertainty of defining and determining states of impaired consciousness including brain death have been neither disclosed to the general public nor broadly debated by the medical community or by legal and religious scholars. Heart-beating or non-heart-beating organ procurement from patients with impaired consciousness is de facto a concealed practice of physician-assisted death, and therefore, violates both criminal law and the central tenet of medicine not to do harm to patients. Society must decide if physician-assisted death is permissible and desirable to resolve the conflict about procuring organs from patients with impaired consciousness within the context of the perceived need to enhance the supply of transplantable organs. (shrink)
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  4.  98
    Total Brain Death: A Reply to Alan Shewmon.Patrick Lee & Germain Grisez - 2012 - Bioethics 26 (5):275-284.
    D. Alan Shewmon has advanced a well-documented challenge to the widely accepted total brain death criterion for death of the human being. We show that Shewmon's argument against this criterion is unsound, though he does refute the standard argument for that criterion. We advance a distinct argument for the total brain death criterion and answer likely objections. Since human beings are rational animals – sentient organisms of a specific type – the loss of the radical (...)
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  5.  46
    A Defense of Brain Death.Nada Gligorov - 2016 - Neuroethics 9 (2):119-127.
    In 1959 two French neurologists, Pierre Mollaret and Maurice Goullon, coined the term coma dépassé to designate a state beyond coma. In this state, patients are not only permanently unconscious; they lack the endogenous drive to breathe, as well as brainstem reflexes, indicating that most of their brain has ceased to function. Although legally recognized in many countries as a criterion for death, brain death has not been universally accepted by bioethicists, by the medical community, or (...)
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  6. Reconsidering Brain Death: A Lesson From Japan's Fifteen Years of Experience.Masahiro Morioka - 2001 - Hastings Center Report 31 (4):41-46.
    The Japanese Transplantation Law is unique among others in that it allows us to choose between "brain death" and "traditional death" as our death. In every country 20 to 40 % of the popularion doubts the idea of brain death. This paper reconsiders the concept, and reports the ongoing rivision process of the current law. Published in Hastings Center Report, 2001.
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  7. The Biophilosophical Basis of Whole-Brain Death.James L. Bernat - 2002 - Soc Philos Policy 19 (2):324-42.
    Notwithstanding these wise pronouncements, my project here is to characterize the biological phenomenon of death of the higher animal species, such as vertebrates. My claim is that the formulation of “whole- brain death ” provides the most congruent map for our correct understanding of the concept of death. This essay builds upon the foundation my colleagues and I have laid since 1981 to characterize the concept of death and refine when this event occurs. Although our (...)
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  8.  35
    One or Two Types of Death? Attitudes of Health Professionals Towards Brain Death and Donation After Circulatory Death in Three Countries.D. Rodríguez-Arias, J. C. Tortosa, C. J. Burant, P. Aubert, M. P. Aulisio & S. J. Youngner - 2013 - Medicine, Health Care and Philosophy 16 (3):457-467.
    This study examined health professionals’ (HPs) experience, beliefs and attitudes towards brain death (BD) and two types of donation after circulatory death (DCD)—controlled and uncontrolled DCD. Five hundred and eighty-seven HPs likely to be involved in the process of organ procurement were interviewed in 14 hospitals with transplant programs in France, Spain and the US. Three potential donation scenarios—BD, uncontrolled DCD and controlled DCD—were presented to study subjects during individual face-to-face interviews. Our study has two main findings: (...)
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  9.  84
    Brain Death and its Entanglements.Omar Sultan Haque - 2008 - Journal of Religious Ethics 36 (1):13-36.
    The Islamic philosophical, mystical, and theological sub-traditions have each made characteristic assumptions about the human person, including an incorporation of substance dualism in distinctive manners. Advances in the brain sciences of the last half century, which include a widespread acceptance of death as the end of essential brain function, require the abandonment of dualistic notions of the human person that assert an immaterial and incorporeal soul separate from a body. In this article, I trace classical Islamic notions (...)
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  10.  55
    The Degree of Certainty in Brain Death: Probability in Clinical and Islamic Legal Discourse.Faisal Qazi, Joshua C. Ewell, Ayla Munawar, Usman Asrar & Nadir Khan - 2013 - Theoretical Medicine and Bioethics 34 (2):117-131.
    The University of Michigan conference “Where Religion, Policy, and Bioethics Meet: An Interdisciplinary Conference on Islamic Bioethics and End-of-Life Care” in April 2011 addressed the issue of brain death as the prototype for a discourse that would reflect the emergence of Islamic bioethics as a formal field of study. In considering the issue of brain death, various Muslim legal experts have raised concerns over the lack of certainty in the scientific criteria as applied to the definition (...)
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  11.  27
    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 (...)
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  12. Ethical Debate Over Organ Donation in the Context of Brain Death.Mary Jiang Bresnahan & Kevin Mahler - 2010 - Bioethics 24 (2):54-60.
    This study investigated what information about brain death was available from Google searches for five major religions. A substantial body of supporting research examining online behaviors shows that information seekers use Google as their preferred search engine and usually limit their search to entries on the first page. For each of the five religions in this study, Google listings reveal ethical controversy about organ donation in the context of brain death. These results suggest that family members (...)
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  13.  26
    In Defense of Brain Death: Replies to Don Marquis, Michael Nair-Collins, Doyen Nguyen, and Laura Specker Sullivan.John P. Lizza - 2018 - Diametros 55:68-90.
    In this paper, I defend brain death as a criterion for determining death against objections raised by Don Marquis, Michael Nair-Collins, Doyen Nguyen, and Laura Specker Sullivan. I argue that any definition of death for beings like us relies on some sortal concept by which we are individuated and identified and that the choice of that concept in a practical context is not determined by strictly biological considerations but involves metaphysical, moral, social, and cultural considerations. This (...)
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  14.  14
    Revisiting the Persisting Tension Between Expert and Lay Views About Brain Death and Death Determination: A Proposal Inspired by Pragmatism.Eric Racine - 2015 - Journal of Bioethical Inquiry 12 (4):623-631.
    Brain death or determination of death based on the neurological criterion has been an enduring source of controversy in academic and clinical circles. The controversy chiefly concerns how death is defined, and it also bears on the justification of the proposed criteria for death determination and their interpretation. Part of the controversy on brain death and death determination stems from disputed crucial medical facts, but in this paper I formulate another hypothesis about (...)
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  15.  16
    East–West Differences in Perception of Brain Death.Qing Yang & Geoffrey Miller - 2015 - Journal of Bioethical Inquiry 12 (2):211-225.
    The concept of brain death as equivalent to cardiopulmonary death was initially conceived following developments in neuroscience, critical care, and transplant technology. It is now a routine part of medicine in Western countries, including the United States. In contrast, Eastern countries have been reluctant to incorporate brain death into legislation and medical practice. Several countries, most notably China, still lack laws recognizing brain death and national medical standards for making the diagnosis. The perception (...)
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  16.  44
    Reviving Brain Death: A Functionalist View. [REVIEW]Samuel H. LiPuma & Joseph P. DeMarco - 2013 - Journal of Bioethical Inquiry 10 (3):383-392.
    Recently both whole brain death (WBD) and higher brain death (HBD) have come under attack. These attacks, we argue, are successful, leaving supporters of both views without a firm foundation. This state of affairs has been described as “the death of brain death.” Returning to a cardiopulmonary definition presents problems we also find unacceptable. Instead, we attempt to revive brain death by offering a novel and more coherent standard of death (...)
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  17.  25
    Legal Standards for Brain Death and Undue Influence in Euthanasia Laws.Thaddeus Mason Pope & Michaela E. Okninski - 2016 - Journal of Bioethical Inquiry 13 (2):173-178.
    A major appellate court decision from the United States seriously questions the legal sufficiency of prevailing medical criteria for the determination of death by neurological criteria. There may be a mismatch between legal and medical standards for brain death, requiring the amendment of either or both. In South Australia, a Bill seeks to establish a legal right for a defined category of persons suffering unbearably to request voluntary euthanasia. However, an essential criterion of a voluntary decision is (...)
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  18.  12
    Il dibattito bioetico italiano. Laici vs. cattolici [Italian bioethical debate on brain death: lay vs religious attitudes].Rosangela Barcaro - 2014 - In Francesco Paolo de Ceglia (ed.), Storia della definizione di morte. FrancoAngeli. pp. 415-431.
    La cosiddetta “morte cerebrale totale”, o più correttamente “morte encefalica” (whole brain death), è un criterio fisiologico riferito alla cessazione irreversibile e permanente di tutte le funzioni dell’encefalo (emisferi e tronco encefalico), ed è correlato alla cessazione del funzionamento integrato dell’organismo. L’applicazione del criterio neurologico, e degli esami che lo accompagnano, è finalizzato ad una diagnosi clinica e strumentale per individuare una condizione causata da lesioni neurologiche diffuse e responsabili di coma, assenza di coscienza, di respirazione spontanea, di (...)
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  19.  9
    Acceptance in Theory but Not Practice – Chinese Medical Providers’ Perception of Brain Death.Qing Yang, Yi Fan, Qian Cheng, Xin Li, Kaveh Khoshnood & Geoffrey Miller - 2015 - Neuroethics 8 (3):299-313.
    BackgroundThe brain death standard allowing a declaration of death based on neurological criteria is legally endorsed and routinely practiced in the West but not in Asia. In China, attempts to legalize the brain death standard have occurred several times without success. Cultural, religious, and philosophical factors have been proposed to explain this difference, but there is a lack of empirical studies to support this hypothesis.Methods476 medical providers from three academic hospitals in Hunan, China, completed a (...)
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  20. Advance Directives.Brain Death - 2006 - In Helga Kuhse & Peter Singer (eds.), Bioethics: An Anthology. Blackwell. pp. 2--261.
     
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  21.  35
    Brain Death as a Form of Human Relationships: Brain Dead Person Chapter.Masahiro Morioka - 1989 - Hozokan.
    This book shifted the Japanese debate on brain death from "brain-centered analysis" to "human relationship oriented analysis." I defined that brain death means a form of human relationships between a comatose patient and the people surrounding him/her in the ICU. I paid special attention to the emotional aspect and the inner reality of the family members of a brain dead person, because sometimes the family members at the bedside, touching the warm body of the (...)
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  22. Brain-Dead Patients Are Not Cadavers: The Need to Revise the Definition of Death in Muslim Communities. [REVIEW]Mohamed Y. Rady & Joseph L. Verheijde - 2013 - HEC Forum 25 (1):25-45.
    The utilitarian construct of two alternative criteria of human death increases the supply of transplantable organs at the end of life. Neither the neurological criterion (heart-beating donation) nor the circulatory criterion (non-heart-beating donation) is grounded in scientific evidence but based on philosophical reasoning. A utilitarian death definition can have unintended consequences for dying Muslim patients: (1) the expedited process of determining death for retrieval of transplantable organs can lead to diagnostic errors, (2) the equivalence of brain (...)
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  23.  71
    Arguments Against Promoting Organ Transplants From Brain-Dead Donors, and Views of Contemporary Japanese on Life and Death.Atsushi Asai, Yasuhiro Kadooka & Kuniko Aizawa - 2012 - Bioethics 26 (4):215-223.
    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 (...)
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  24.  78
    Tests in the Diagnosis of Brain Death: The Role of the Radioisotope Brain Scan.Ronald E. Cranford & Barbara Killpatrick - 1981 - Bioethics Quarterly 3:67-72.
  25.  6
    Beyond Natural Potentiality: Brain-Death Pregnancy, Viable Fetuses, and Pre-Implanted Embryos.Shai J. Lavi - 2017 - Law and Ethics of Human Rights 11 (2):161-187.
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    Beyond Natural Potentiality: Brain-Death Pregnancy, Viable Fetuses, and Pre-Implanted Embryos.Shai J. Lavi - 2017 - Law and Ethics of Human Rights 11 (2):161-187.
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  27. Ai confini della vita. Riflessione critica sulla nozione di morte cerebrale [Life borders. A critical appraisal of brain death].Rosangela Barcaro - 2007 - Humana Mente 1 (3):19-37.
    Sintesi delle tappe attraverso cui si è giunti alla formulazione di una teoria a sostegno dei criteri neurologici e alla loro introduzione nella prassi medico-legale per individuare le cause di un ripensamento critico dei fondamenti teorico-scientifici addotti per giustificare i criteri neurologici utilizzati per dichiarare la morte di pazienti con lesioni cerebrali collegati alle apparecchiature per la ventilazione artificiale.
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  28.  3
    Brain based criteria for death in the light of the Aristotelian-Scholastic anthropology.Jacek Maria Norkowski - 2018 - Scientia et Fides 6 (1):153-188.
    In 1968 the authors of the so-called Harvard Report, proposed the recognition of an irreversible coma as a new criterion for death. The proposal was accepted by the medical, legal, religious and political circles in spite of the lack of any explanation why the irreversible coma combined with the absence of brainstem reflexes, including the respiratory reflex might be equated to death. Such an explanation was formulated in the President’s Commission Report published in 1981. This document stated, that (...)
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  29. The Brain and Somatic Integration: Insights Into the Standard Biological Rationale for Equating Brain Death with Death.D. Alan Shewmon - 2001 - Journal of Medicine and Philosophy 26 (5):457 – 478.
    The mainstream rationale for equating brain death (BD) with death is that the brain confers integrative unity upon the body, transforming it from a mere collection of organs and tissues to an organism as a whole. In support of this conclusion, the impressive list of the brains myriad integrative functions is often cited. Upon closer examination, and after operational definition of terms, however, one discovers that most integrative functions of the brain are actually not somatically (...)
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  30.  30
    Brain Death in Islamic Ethico-Legal Deliberation: Challenges for Applied Islamic Bioethics.Aasim I. Padela, Ahsan Arozullah & Ebrahim Moosa - 2013 - Bioethics 27 (3):132-139.
    Since the 1980s, Islamic scholars and medical experts have used the tools of Islamic law to formulate ethico-legal opinions on brain death. These assessments have varied in their determinations and remain controversial. Some juridical councils such as the Organization of Islamic Conferences' Islamic Fiqh Academy (OIC-IFA) equate brain death with cardiopulmonary death, while others such as the Islamic Organization of Medical Sciences (IOMS) analogize brain death to an intermediate state between life and (...). Still other councils have repudiated the notion entirely. Similarly, the ethico-legal assessments are not uniform in their acceptance of brain-stem or whole-brain criteria for death, and consequently their conceptualizations of, brain death. Within the medical literature, and in the statements of Muslim medical professional societies, brain death has been viewed as sanctioned by Islamic law with experts citing the aforementioned rulings. Furthermore, health policies around organ transplantation and end-of-life care within the Muslim world have been crafted with consideration of these representative religious determinations made by transnational, legally-inclusive, and multidisciplinary councils. The determinations of these councils also have bearing upon Muslim clinicians and patients who encounter the challenges of brain death at the bedside. For those searching for ‘Islamically-sanctioned’ responses that can inform their practice, both the OIC-IFA and IOMS verdicts have palpable gaps in their assessments and remain clinically ambiguous. In this paper we analyze these verdicts from the perspective of applied Islamic bioethics and raise several questions that, if answered by future juridical councils, will better meet the needs of clinicians and bioethicists. (shrink)
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  31.  24
    Changing the Conversation About Brain Death.Robert D. Truog & Franklin G. Miller - 2014 - American Journal of Bioethics 14 (8):9-14.
    We seek to change the conversation about brain death by highlighting the distinction between brain death as a biological concept versus brain death as a legal status. The fact that brain death does not cohere with any biologically plausible definition of death has been known for decades. Nevertheless, this fact has not threatened the acceptance of brain death as a legal status that permits individuals to be treated as if (...)
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  32.  64
    Brain Death - Too Flawed to Endure, Too Ingrained to Abandon.Robert D. Truog - 2007 - Journal of Law, Medicine and Ethics 35 (2):273-281.
    The concept of brain death has become deeply ingrained in our health care system. It serves as the justification for the removal of vital organs like the heart and liver from patients who still have circulation and respiration while these organs maintain viability. On close examination, however, the concept is seen as incoherent and counterintuitive to our understandings of death. In order to abandon the concept of brain death and yet retain our practices in organ (...)
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  33.  4
    No Mental Life After Brain Death: The Argument From the Neural Localization of Mental Functions.Gualtiero Piccinini & Sonya Bahar - 2015 - In Keith Augustine & Michael Martin (eds.), The Myth of an Afterlife: The Case against Life After Death. Rowman & Littlefield. pp. 135-170.
    This paper samples the large body of neuroscientific evidence suggesting that each mental function takes place within specific neural structures. For instance, vision appears to occur in the visual cortex, motor control in the motor cortex, spatial memory in the hippocampus, and cognitive control in the prefrontal cortex. Evidence comes from neuroanatomy, neurophysiology, neurochemistry, brain stimulation, neuroimaging, lesion studies, and behavioral genetics. If mental functions take place within neural structures, mental functions cannot survive brain death. Therefore, there (...)
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  34.  32
    Whither Brain Death?James L. Bernat - 2014 - American Journal of Bioethics 14 (8):3-8.
    The publicity surrounding the recent McMath and Muñoz cases has rekindled public interest in brain death: the familiar term for human death determination by showing the irreversible cessation of clinical brain functions. The concept of brain death was developed decades ago to permit withdrawal of therapy in hopeless cases and to permit organ donation. It has become widely established medical practice, and laws permit it in all U.S. jurisdictions. Brain death has a (...)
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  35.  96
    The Death of Whole-Brain Death: The Plague of the Disaggregators, Somaticists, and Mentalists.Robert Veatch - 2005 - Journal of Medicine and Philosophy 30 (4):353 – 378.
    In its October 2001 issue, this journal published a series of articles questioning the Whole-Brain-based definition of death. Much of the concern focused on whether somatic integration - a commonly understood basis for the whole-brain death view - can survive the brain's death. The present article accepts that there are insurmountable problems with whole-brain death views, but challenges the assumption that loss of somatic integration is the proper basis for pronouncing death. (...)
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  36.  26
    Can the Brain-Dead Be Harmed or Wronged?: On the Moral Status of Brain Death and its Implications for Organ Transplantation.Michael Nair-Collins - 2017 - Kennedy Institute of Ethics Journal 27 (4):525-559.
    The dead donor rule, which requires that organ donors not be killed by the process of organ procurement, is thought to protect vulnerable patients from exploitation and from being harmed through organ procurement. In current practice, the majority of transplantable organs are retrieved from patients who are declared dead by neurological criteria, or "brain-dead." Because brain death is considered to be sufficient for death, it is thought that brain-dead donors are neither harmed nor wronged by (...)
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  37.  98
    Death, Brain Death, and the Limits of Science: Why the Whole-Brain Concept of Death Is a Flawed Public Policy.Mike Nair-Collins - 2010 - Journal of Law, Medicine and Ethics 38 (3):667-683.
    Legally defining “death” in terms of brain death unacceptably obscures a value judgment that not all reasonable people would accept. This is disingenuous, and it results in serious moral flaws in the medical practices surrounding organ donation. Public policy that relies on the whole-brain concept of death is therefore morally flawed and in need of revision.
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  38.  12
    Total Brain Death and the Integration of the Body Required of a Human Being.Patrick Lee - 2016 - Journal of Medicine and Philosophy 41 (3):300-314.
    I develop and refine an argument for the total brain death criterion of death previously advanced by Germain Grisez and me: A human being is essentially a rational animal, and so must have a radical capacity for rational operations. For rational animals, conscious sensation is a pre-requisite for rational operation. But total brain death results in the loss of the radical capacity for conscious sensation, and so also for rational operations. Hence, total brain (...) constitutes a substantial change—the ceasing to be of the human being. Objections are considered, including the objection that total brain death need not result in the loss of capacity for sensation, and that damage to the brain less than total brain death can result in loss of capacity for rational operations. (shrink)
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  39.  11
    Deconstructing the Brain Disconnection–Brain Death Analogy and Clarifying the Rationale for the Neurological Criterion of Death.Melissa Moschella - 2016 - Journal of Medicine and Philosophy 41 (3):279-299.
    This article explains the problems with Alan Shewmon’s critique of brain death as a valid sign of human death, beginning with a critical examination of his analogy between brain death and severe spinal cord injury. The article then goes on to assess his broader argument against the necessity of the brain for adult human organismal integration, arguing that he fails to translate correctly from biological to metaphysical claims. Finally, on the basis of a deeper (...)
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  40.  69
    Brain Death, Paternalism, and the Language of “Death”.Michael Nair-Collins - 2013 - Kennedy Institute of Ethics Journal 23 (1):53-104.
    The controversy over brain death and the dead donor rule continues unabated, with some of the same key points and positions starting to see repetition in the literature. One might wonder whether some of the participants are talking past each other, not all debating the same issue, even though they are using the same words (e.g., “death”). One reason for this is the complexity of the debate: It’s not merely about the nature of human life and (...). Interwoven into this debate are deep philosophical issues on realism, the normative/descriptive distinction, the relation of thought and language to the world, the mind–body problem, personhood, moral status, and the ethics of killing. There are also social and legal .. (shrink)
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  41.  8
    Medicolegal Complications of Apnoea Testing for Determination of Brain Death.Ariane Lewis & David Greer - 2018 - Journal of Bioethical Inquiry 15 (3):417-428.
    Recently, there have been a number of lawsuits in the United States in which families objected to performance of apnoea testing for determination of brain death. The courts reached conflicting determinations in these cases. We discuss the medicolegal complications associated with apnoea testing that are highlighted by these cases and our position that the decision to perform apnoea testing should be made by clinicians, not families, judges, or juries.
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  42. Are Recent Defences of the Brain Death Concept Adequate?Ari Joffe - 2010 - Bioethics 24 (2):47-53.
    Brain death is accepted in most countries as death. The rationales to explain why brain death is death are surprisingly problematic. The standard rationale that in brain death there has been loss of integrative unity of the organism has been shown to be false, and a better rationale has not been clearly articulated. Recent expert defences of the brain death concept are examined in this paper, and are suggested to be (...)
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  43. Alternative to Brain Death.Jeff McMahan - 2006 - Journal of Law, Medicine and Ethics 34 (1):44-48.
    This article criticizes a range of assumptions that proponents of brain death usually share. It argues that one of the main contentions made in defense of brain death – that the brain is necessary for integrated functioning in a human organism – is mistaken. It then sketches an alternative account of human death that distinguishes between the biological death of a human organism and the death or ceasing to exist of a person.
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  44.  11
    Brain Death Revisited: It is Not 'Complete Death' According to Islamic Sources.Ahmet Bedir & Şahin Aksoy - 2011 - Journal of Medical Ethics 37 (5):290-294.
    Concepts, such as death, life and spirit cannot be known in their quintessential nature, but can be defined in accordance with their effects. In fact, those who think within the mode of pragmatism and Cartesian logic have ignored the metaphysical aspects of these terms. According to Islam, the entity that moves the body is named the soul. And the aliment of the soul is air. Cessation of breathing means leaving of the soul from the body. Those who agree on (...)
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  45. The Metaphysics of Brain Death.Jeff McMahan - 1995 - Bioethics 9 (2):91–126.
    The dominant conception of brain death as the death of the whole brain constitutes an unstable compromise between the view that a person ceases to exist when she irreversibly loses the capacity for consciousness and the view that a human organism dies only when it ceases to function in an integrated way. I argue that no single criterion of death captures the importance we attribute both to the loss of the capacity for consciousness and to (...)
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  46.  6
    Ethical and Legal Concerns With Nevada’s Brain Death Amendments.Greg Yanke, Mohamed Y. Rady & Joseph L. Verheijde - 2018 - Journal of Bioethical Inquiry 15 (2):193-198.
    In early 2017, Nevada amended its Uniform Determination of Death Act, in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology’s guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within (...)
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  47.  6
    Loss of Faith in Brain Death: Catholic Controversy Over the Determination of Death by Neurological Criteria.David Albert Jones - 2012 - Clinical Ethics 7 (3):133-141.
    The diagnosis of death by neurological criteria (colloquially known as ‘brain death’) is accepted in some form in law and medical practice throughout the world, and has been endorsed in principle by the Catholic Church. However, the rationale for this acceptance has been challenged by the accumulation of evidence of integrated vital activity in bodies diagnosed dead by neurological criteria. This paper sets out 10 different Catholic responses to the current crisis of confidence and assesses them in (...)
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  48. Criticism of "Brain Death" Policy in Japan.Alireza Bagheri - 2003 - Kennedy Institute of Ethics Journal 13 (4):359-372.
    : The 1997 Japanese organ transplantation law is the fruit of a long debate on "brain death" and organ transplantation, which involved the general public and experts in the relevant fields. The aim of this paper is to trace the history of the implementation of the law and to critique the law in terms of its consistency and fairness. The paper argues that the legislation adopts a double standard regarding the role of the family. On the one hand, (...)
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  49. Brain Death Without Definitions.Winston Chiong - 2005 - Hastings Center Report 35 (6):20-30.
    : Most of the world now accepts the idea, first proposed four decades ago, that death means "brain death." But the idea has always been open to criticism because it doesn't square with all of our intuitions about death. In fact, none of the possible definitions of death quite works. Death, perhaps surprisingly, eludes definition, and "brain death" can be accepted only as a refinement of what is in fact a fuzzy concept.
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  50.  54
    Exploring Families' Experiences of an Organ Donation Request After Brain Death.Z. S. Manzari, E. Mohammadi, A. Heydari, H. R. A. Sharbaf, M. J. M. Azizi & E. Khaleghi - 2012 - Nursing Ethics 19 (5):654-665.
    This qualitative research study with a content analysis approach aimed to explore families’ experiences of an organ donation request after brain death. Data were collected through 38 unstructured and in-depth interviews with 14 consenting families and 12 who declined to donate organs. A purposeful sampling process began in October 2009 and ended in October 2010. Data analysis reached 10 categories and two major themes were listed as: 1) serenity in eternal freedom; and 2) resentful grief. The central themes (...)
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