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On Harming the dead

Ethics 97 (2):341-352 (1987)

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  1. A Partnership for the Ages.Richard H. Dees - 2022 - Pacific Philosophical Quarterly 104 (1):195-216.
    Burke suggests that we should view society as a partnership between the past, the present, and the future. I defend this idea by outlining how we can understand the interests of the past and future people and the obligations that they have towards each other. I argue that we have forward-looking obligations to leave the world a decent place, and backward-looking obligations to respect the legacy of the past. The latter obligation requires an understanding of the role that traditions and (...)
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  • What Structural Injustice Theory Leaves Out.Daniel Butt - 2021 - Ethical Theory and Moral Practice 24 (5):1161-1175.
    Alasia Nuti’s recent book Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress puts forward a compelling vision of contemporary duties to redress past wrongdoing, grounded in the idea of “historical-structural-injustice”, constituted by the “structural reproduction of an unjust history over time and through changes”. Such an approach promises to transcend the familiar scholarly divide between “backward-looking” and “forward-looking” models, and allow for a reparative approach that focuses specifically on those past wrongs that impact the present, while retaining (...)
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  • The complex case of Ellie Anderson.Joona Räsänen & Anna Smajdor - 2022 - Journal of Medical Ethics 48 (4):217-221.
    Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting (...)
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  • The sentience argument for experientialism about welfare.Willem van der Deijl - 2020 - Philosophical Studies 178 (1):187-208.
    Can a person’s degree of wellbeing be affected by things that do not enter her experience? Experientialists deny that it can, extra-experientialists affirm it. The debate between these two positions has focused on an argument against experientialism—the experience machine objection—but few arguments exist for it. I present an argument for experientialism. It builds on the claim that theories of wellbeing should not only state what constitutes wellbeing, but also which entities are welfare subjects. Moreover, the claims it makes about these (...)
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  • Primum Non Nocere Mortuis: Bioethics and the Lives of the Dead.Richard H. Dees - 2019 - Journal of Medicine and Philosophy 44 (6):732-755.
    advanced directivesend-of-life decisionsharming the deadposthumous reproductiontransplant ethics.
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  • Authority without identity: defending advance directives via posthumous rights over one’s body.Govind Persad - 2019 - Journal of Medical Ethics 45 (4):249-256.
    This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...)
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  • Why Organ Conscription Should Be off the Table: Extrapolation from Heidegger’s Being and Time.Susan B. Levin - 2019 - Sophia 58 (2):153-174.
    The question, what measures to address the shortage of transplantable organs are ethically permissible? requires careful attention because, apart from its impact on medical practice, the stance we espouse here reflects our interpretations of human freedom and mortality. To raise the number of available organs, on utilitarian grounds, bioethicists and medical professionals increasingly support mandatory procurement. This view is at odds with the Catechism of the Catholic Church, according to which ‘[o]rgan donation after death is a noble and meritorious act’ (...)
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  • Retrospective diagnosis of a famous historical figure: ontological, epistemic, and ethical considerations.Osamu Muramoto - 2014 - Philosophy, Ethics, and Humanities in Medicine 9:10.
    The aim of this essay is to elaborate philosophical and ethical underpinnings of posthumous diagnosis of famous historical figures based on literary and artistic products, or commonly called retrospective diagnosis. It discusses ontological and epistemic challenges raised in the humanities and social sciences, and attempts to systematically reply to their criticisms from the viewpoint of clinical medicine, philosophy of medicine, particularly the ontology of disease and the epistemology of diagnosis, and medical ethics. The ontological challenge focuses on the doubt about (...)
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  • Harm, Change, and Time.C. Belshaw - 2012 - Journal of Medicine and Philosophy 37 (5):425-444.
    What is harm? I offer an account that involves the victim’s either suffering some adverse intrinsic change or being prevented from enjoying some beneficial intrinsic change. No one is harmed, I claim, in virtue of relational changes alone. Thus (excepting for contrived cases), there are neither posthumous harms nor, in life, harms of the undiscovered betrayal, slander, reputation-damaging variety. Further, two widespread moves in the philosophy of death are rejected. First, death and posthumous are not to be assimilated—death does bring (...)
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  • Reparations after species extinctions: An account of reparative interspecies justice.Anna Wienhues & Alfonso Donoso - 2024 - Journal of Social Philosophy:1-21.
    While anthropogenic species extinctions can be considered morally problematic for a range of reasons, they can also be described as a problem of interspecies justice. That is the focus of this paper in which we argue that human-caused species extinctions can be integrated within a non-anthropocentric account of reparative justice that is significantly similar to how reparation is understood within political theory at large. An account such as this faces a series of difficulties, such as how to make right past (...)
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  • Posthumous autonomy: Agency and consent in body donation.Tom Farsides & Claire F. Smith - forthcoming - Philosophical Psychology.
    Six people were interviewed about the possibility of becoming posthumous body donors. Interview transcripts were analyzed using interpretative phenomenological analysis. Individual-level analysis suggested a common interest in Personhood Concerns and a common commitment to Enlightenment Values. Investigations of these possible themes across participants resulted in identification of two sample-level themes, each with two subthemes: Autonomy, with subthemes of agency and consent, and Rationality, with subthemes of knowledge/epistemology and materialism/ontology. This paper concentrates on the former. Consent for posthumous body donation was (...)
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  • Duties to the Dead and the Conditions of Social Peace.Jeff Noonan - 2012 - The European Legacy 17 (5):593-605.
    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 (...)
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  • The Idea of Moral Duties to History.Saul Smilansky - 2021 - Philosophy 96 (2):155-179.
    History is, indeed, little more than the register of the crimes, follies, and misfortunes of mankind.Edward Gibbon,The Decline and Fall of the Roman EmpireI argue that there are duties that can be called ‘Moral duties due to history’ or, in short, ‘Duties to History’ (DTH). My claim is not the familiar thought that we need to learn from history on how to live better in the present and going forward, but that history itself creates moral duties. In addition to those (...)
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  • Punishing the Dead.Saul Smilansky - 2018 - Journal of Value Inquiry 52 (2):169-177.
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  • Perimortem gamete retrieval: should we worry about consent?Anna Smajdor - 2015 - Journal of Medical Ethics 41 (6):437-442.
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  • Historic Injustices and the Moral Case for Cultural Repatriation.Karin Björnberg - 2015 - Ethical Theory and Moral Practice 18 (3):461-474.
    It is commonly argued that cultural objects ought to be returned to their place of origin in order to remedy injustices committed in the past. In this paper, it is shown that significant challenges attach to this way of arguing. Although there is considerable intuitive appeal in the idea that if somebody wrongs another person then she ought to compensate for that injustice, the principle is difficult to apply to wrongdoings committed many decades or centuries ago. It is not clear (...)
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  • Giving the dead their due.Michael Ridge - 2003 - Ethics 114 (1):38-59.
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  • Posthumous Organ Retention and Use in Ghana: Regulating Individual, Familial and Societal Interests.Divine Ndonbi Banyubala - 2016 - Health Care Analysis 24 (4):301-320.
    The question of whether individuals retain interests or can be harmed after death is highly contentious, particularly within the context of deceased organ retrieval, retention and use. This paper argues that posthumous interests and/or harms can and do exist in the Konkomba traditional setting through the concept of ancestorship, a reputational concept of immense cultural and existential significance in this setting. I adopt Joel Feinberg’s account of harms as a setback to interests. The paper argues that a socio-culturally sensitive regulatory (...)
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  • Queen Christina’s moral claim on the living: Justification of a tenacious moral intuition. [REVIEW]Malin Masterton, Gert Helgesson, Anna T. Höglund & Mats G. Hansson - 2007 - Medicine, Health Care and Philosophy 10 (3):321-327.
    In the long-running debate on the interest of the dead, Joan C. Callahan argues against such interests and although Søren Holm for practical reasons is prepared to consider posthumous interests, he does not see any moral basis to support such interests. He argues that the whole question is irresolvable, yet finds privacy interests where Tutankhamen is concerned. Callahan argues that there can be reasons to hold on to the fiction that there are posthumous interests, namely if it is comforting for (...)
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  • Discounting and Restitution.Tyler Cowen - 1997 - Philosophy and Public Affairs 26 (2):168-185.
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  • The Return of Results of Deceased Research Participants.Anne Marie Tassé - 2011 - Journal of Law, Medicine and Ethics 39 (4):621-630.
    Until the mid-20th century, biomedical research centered on the study of specific diseases, concerned with short periods of time and small groups of living research participants. However, the growth of longitudinal population studies and long-term biobanking now forces the research community to examine the possibility of the death of their research participants.The death of a research participant raises numerous ethical and legal issues, including the return of deceased individuals’ research results to related family members. As with the return of individual (...)
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  • In search of the missing subject: narrative identity and posthumous wronging.Malin Masterton, Mats G. Hansson & Anna T. Höglund - 2010 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 41 (4):340-346.
    With the advanced methods of analysing old biological material, it is pressing to discuss what should be allowed to be done with human remains, particularly for well documented historical individuals. We argue that Queen Christina of Sweden, who challenged the traditional gender roles, has an interest in maintaining her privacy when there are continued attempts to reveal her ‘true’ gender. In the long-running philosophical debate on posthumous wronging, the fundamental question is: Who is wronged? Our aim is to find this (...)
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  • Dead and Gone.Joyce L. Jenkins - 2011 - Utilitas 23 (2):228-234.
    I argue that desire satisfaction theories of welfare are not committed to the view that changes in welfare levels can happen after death, or that events that occur after death impact the agent's welfare levels now. My argument is that events that occur after death have only epistemological import. They may reveal that the person was successful (unsuccessful) in life, but the desire was already frustrated or satisfied before the person died. The virtue of the account is that it gives (...)
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  • A Declaration of the Responsibilities of Present Generations Toward Past Generations.Antoon de Baets - 2004 - History and Theory 43 (4):130-164.
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  • An expedient and ethical alternative to xenotransplantation.Josie Fisher - 1999 - Medicine, Health Care and Philosophy 2 (1):31-39.
    The current voluntary posthumous organ donation policy fails to provide sufficient organs to meet the demand. In these circumstances xenografts have been regarded as an expedient solution. The public perception seems to be that the only impediments to this technology are technical and biological. There are, however, important ethical issues raised by xenotransplantation that need to be considered as a matter of urgency. When the ethical issues raised by using non-human animals to provide replacement organs for human beings are considered (...)
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  • Can the dead be brought into disrepute?Malin Masterton, Mats G. Hansson, Anna T. Höglund & Gert Helgesson - 2007 - Theoretical Medicine and Bioethics 28 (2):137-149.
    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 (...)
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  • On the possibilities of group injury.Stephen Winter - 2006 - Metaphilosophy 37 (3-4):393–413.
    Normative discourse on genocide frequently refers to group injuries, but this can be problematic for those for whom normative justification ought, in principle, to be reducible to individual terms. Such ethical individualists may hold that an ultimately individualizable description of injury is always theoretically superior (in lacking either superfluous or ontologically suspect entities). Accepting the strictures of individualistic justification, this paper presumes that attributing injury to group subjects will be unsatisfying if this attribution does not include a normatively significant group (...)
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  • Warum wir eine Erbschaftssteuer brauchen: Eine philosophische Verteidigung.Marcel Twele - 2023 - De Gruyter.
    In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...)
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  • Er døden et onde?Bjørn Hol - 2023 - Norsk Filosofisk Tidsskrift 58 (1):7-19.
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