Court-ordered caesarean sections against the explicit wishes of the pregnant woman have been criticised as violations of the woman's fundamental right to autonomy and to the inviolability of the person--particularly, so it is argued, because the fetus in utero is not yet a person. This paper examines the logic of this position and argues that once the fetus has passed a certain stage of neurological development it is a person, and that then the whole issue becomes one of balancing of (...) rights: the right-to-life of the fetal person against the right to autonomy and inviolability of the woman; and that the fetal right usually wins. (shrink)

“Is every definition persuasive?” If essentialist views on definition are rejected and a pragmatic account adopted, where defining is a speech act which fixes the meaning of a term, then a problem arises: if meanings are not fixed by the essence of being itself, is not every definition persuasive? To address the problem, we refer to Douglas Walton’s impressive intellectual heritage—specifically on the argumentative potential of definition. In finding some non-persuasive definitions, we show not every definition is persuasive. The persuasiveness (...) lies not in syntactic or semantic properties, but the context. We present this pragmatic account and provide rules for analysing and evaluating persuasive definition—a promising direction for further research. (shrink)

This article assesses what standards of safety and certainty of diagnosis need to be met in the determination of brain death. Recent medical, legal, and philosophical developments on brain death are summarized. It is argued that epistemologically adequate standards require the finding of whole-brain death rather than destruction of the cortex. Because of the possibility of positive error in misdiagnosing death, a tutioristic approach of being on the safe side is advocated. Given uncertainties in diagnosis of so-called vegetative states like (...) the apallic syndrome, anything less than whole-brain death, especially given the present state of diagnostic capability, should not qualify as an argument for removing therapy specifically on grounds that the patient is dead. (shrink)