Given the widening gap between the number of individuals on transplant waiting lists and the availability of donated organs, as well as the recent plateau in donations based on neurological criteria, there has been a growing interest in expanding donation after circulatory determination of death. While the prevalence of this form of organ donation continues to increase, many thorny ethical issues remain, often creating moral distress in both clinicians and families. In this article, we address one of these issues, namely, (...) the challenges surrounding patient and surrogate informed consent for donation after circulatory determination of death. First we discuss several general concerns regarding consent related to this form of organ donation, and then we address additional issues that are unique to three different patient categories: adult patients with medical decision-making capacity or potential capacity, adult patients who lack capacity, and pediatric patients. (shrink)

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary interest in the (...) body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death. (shrink)

The Philosophy of Death is a discussion of the basic philosophical issues concerning death, and a critical introduction to the relevant contemporary philosophical literature. Luper begins by addressing questions about those who die: What is it to be alive? What does it mean for you and me to exist? Under what conditions do we persist over time, and when do we perish? Next, he considers several questions concerning death, including: What does dying consist in; in particular, how does it differ (...) from ageing? Must death be permanent? By what signs may it be identified? Is death bad for the one who dies? If so why? Finally he discusses whether, and why, killing is morally objectionable, and suggests that it is often permissible; in particular, suicide, euthanasia and abortion may all be morally permissible. His book is a lively and engaging philosophical treatment of a perennially fascinating and relevant subject. (shrink)

Despite an explosion of studies on memory in historical and cultural studies, there is relatively little in moral philosophy on this subject. In this book, Jeffrey Blustein provides a systematic and philosophically rigorous account of a morality of memory. Drawing on a broad range of philosophical and humanistic literatures, he offers a novel examination of memory and our relations to people and events from our past, the ways in which memory is preserved and transmitted, and the moral responsibilities associated with (...) it. Blustein treats topics of responsibility for one's own past; historical injustice and the role of memory in doing justice to the past; the relationship of collective memory to history and identity; collective and individual obligations to remember those who have died, including those who are dear to us; and the moral significance of bearing witness. (shrink)