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Posthumous Interests: Legal and Ethical Perspectives

Cambridge University Press (2008)

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  1. Socializing the public: invoking Hannah Arendt’s critique of modernity to evaluate reproductive technologies. [REVIEW]Daniel Sperling - 2012 - Medicine, Health Care and Philosophy 15 (1):53-60.
    The article examines the writings of one of the most influential political philosophers, Hannah Arendt, and specifically focuses on her views regarding the distinction between the private and the public and the transformation of the public to the social by modernity. Arendt’s theory of human activity and critique of modernity are explored to critically evaluate the social contributions and implications of reproductive technologies especially where the use of such technologies is most dominant within Western societies. Focusing on empirical studies on (...)
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  • From Iran to Latin America: Must Prenatal Diagnosis Necessarily Be Provided With Abortion for Congenital Abnormalities?Daniel Sperling - 2009 - American Journal of Bioethics 9 (8):61-63.
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  • Contextual Exceptionalism After Death: An Information Ethics Approach to Post-Mortem Privacy in Health Data Research.Marieke A. R. Bak & Dick L. Willems - 2022 - Science and Engineering Ethics 28 (4):1-20.
    In this article, we use the theory of Information Ethics to argue that deceased people have a prima facie moral right to privacy in the context of health data research, and that this should be reflected in regulation and guidelines. After death, people are no longer biological subjects but continue to exist as informational entities which can still be harmed/damaged. We find that while the instrumental value of recognising post-mortem privacy lies in the preservation of the social contract for health (...)
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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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  • The ethics of uncertainty for data subjects.Philip Nickel - 2019 - In Peter Dabrock, Matthias Braun & Patrik Hummel (eds.), The Ethics of Medical Data Donation. Springer Verlag. pp. 55-74.
    Modern health data practices come with many practical uncertainties. In this paper, I argue that data subjects’ trust in the institutions and organizations that control their data, and their ability to know their own moral obligations in relation to their data, are undermined by significant uncertainties regarding the what, how, and who of mass data collection and analysis. I conclude by considering how proposals for managing situations of high uncertainty might be applied to this problem. These emphasize increasing organizational flexibility, (...)
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  • Death, posthumous harm, and bioethics.James Stacey Taylor - 2014 - Journal of Medical Ethics 40 (9):636-637.
    If pressed to identify the philosophical foundations of contemporary bioethics, most bioethicists would cite the four-principles approach developed by Tom L Beauchamp and James F Childress,1 or perhaps the ethical theories of JS Mill2 or Immanuel Kant.3 Few would cite Aristotle's metaphysical views surrounding death and posthumous harm.4 Nevertheless, many contemporary bioethical discussions are implicitly grounded in the Aristotelian views that death is a harm to the one who dies, and that persons can be harmed, or wronged, by events that (...)
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  • DCDD and Children: A Defense of the “Best Interests” Standard.Pablo De Lora - 2015 - American Journal of Bioethics 15 (8):21-22.
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  • Dood op bestelling in het zicht van Alzheimer.Patrick Delaere - 2013 - Algemeen Nederlands Tijdschrift voor Wijsbegeerte 105 (1):1-13.
    The moral authority of advance directives as a vehicle of precedent autonomy is highly problematic in cases of severe dementia of the Alzheimer’s type. It is unclear how personal values and interests can be enforced by means of such an advance directive; at the stage of severe dementia the distal binding powers of precedent autonomy have expired; and the moral costs of removing another human being from life are very high. It transpires that in fine drawing up an advance directive (...)
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  • Factors Encouraging and Inhibiting Organ Donation in Israel: The Public View and the Contribution of Legislation and Public Policy.Daniel Sperling & Gabriel M. Gurman - 2012 - Journal of Bioethical Inquiry 9 (4):479-497.
    Although transplantation surgeries are relatively successful and save the lives of many, only few are willing to donate organs. In order to better understand the reasons for donation or refusing donation and their implications on and influence by public policy, we conducted a survey examining public views on this issue in Israel. Between January and June 2010, an anonymous questionnaire based on published literature was distributed among random and selected parts of Israeli society and included organ recipients, organ donors, soldiers, (...)
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  • An Unjustified Exception to an Unjust Law?David Wasserman & Adrienne Asch - 2009 - American Journal of Bioethics 9 (8):63-65.
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