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  1. What We Argue About When We Argue About Death.Sean Aas - 2024 - Journal of Medicine and Philosophy 49 (4):399-413.
    The literature on the determination of death has often if not always assumed that the concept of human death should be defined in terms of the end of the human organism. I argue that this broadly biological conceptualization of human death cannot constitute a basis for agreement in a pluralistic society characterized by a variety of reasonable views on the nature of our existence as embodied beings. Rather, following Robert Veatch, I suggest that we must define death in moralized terms, (...)
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  • Rethinking Brain Death as a Legal Fiction: Is the Terminology the Problem?.Seema K. Shah - 2018 - Hastings Center Report 48 (S4):49-52.
    Brain death, or the determination of death by neurological criteria, has been described as a legal fiction. Legal fictions are devices by which the law treats two analogous things (in this case, biological death and brain death) in the same way so that the law developed for one can also cover the other. Some scholars argue that brain death should be understood as a fiction for two reasons: the way brain death is determined does not actually satisfy legal criteria requiring (...)
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  • How (not) to think of the ‘dead-donor’ rule.Adam Omelianchuk - 2018 - Theoretical Medicine and Bioethics 39 (1):1-25.
    Although much has been written on the dead-donor rule in the last twenty-five years, scant attention has been paid to how it should be formulated, what its rationale is, and why it was accepted. The DDR can be formulated in terms of either a Don’t Kill rule or a Death Requirement, the former being historically rooted in absolutist ethics and the latter in a prudential policy aimed at securing trust in the transplant enterprise. I contend that the moral core of (...)
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