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  1. The Definition of Death.David DeGrazia - 2007 - Stanford Encyclopedia of Philosophy.
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  • Transparency and accountability in mass media campaigns about organ donation: a response to Morgan and Feeley.Mohamed Y. Rady, Joan L. McGregor & Joseph L. Verheijde - 2013 - Medicine, Health Care and Philosophy 16 (4):869-876.
    We respond to Morgan and Feeley’s critique on our article “Mass Media in Organ Donation: Managing Conflicting Messages and Interests.” We noted that Morgan and Feeley agree with the position that the primary aims of media campaigns are: “to educate the general public about organ donation process” and “help individuals make informed decisions” about organ donation. For those reasons, the educational messages in media campaigns should not be restricted to “information from pilot work or focus groups” but should include evidence-based (...)
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  • Brain Death, Religious Freedom, and Public Policy: New Jersey's Landmark Legislative Initiative.Robert S. Olick - 1991 - Kennedy Institute of Ethics Journal 1 (4):275-288.
    "Whole brain death" (neurological death) is well-established as a legal standard of death across the country. Recently, New Jersey became the first state to enact a statute recognizing a personal religious exemption (a conscience clause) protecting the rights of those who object to neurological death. The Act also mandates adoption through the regulatory process of uniform and up-to-date clinical criteria for determining neurological death.
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  • Brain Death, Paternalism, and the Language of “Death”.Michael Nair-Collins - 2013 - Kennedy Institute of Ethics Journal 23 (1):53-104.
    The controversy over brain death and the dead donor rule continues unabated, with some of the same key points and positions starting to see repetition in the literature. One might wonder whether some of the participants are talking past each other, not all debating the same issue, even though they are using the same words (e.g., “death”). One reason for this is the complexity of the debate: It’s not merely about the nature of human life and death. Interwoven into this (...)
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  • The Ethics of Killing: Problems at the Margins of Life.Jeff McMahan - 2002 - New York, US: OUP Usa.
    A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops and (...)
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  • The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President's Council on Bioethics.Franklin G. Miller & Robert D. Truog - 2009 - Kennedy Institute of Ethics Journal 19 (2):185-193.
    In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes in (...)
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  • A Matter of Respect: A Defense of the Dead Donor Rule and of a "Whole-Brain" Criterion for Determination of Death.G. Khushf - 2010 - Journal of Medicine and Philosophy 35 (3):330-364.
    Many accounts of the historical development of neurological criteria for determination of death insufficiently distinguish between two strands of interpretation advanced by advocates of a "whole-brain" criterion. One strand focuses on the brain as the organ of integration. Another provides a far more complex and nuanced account, both of death and of a policy on the determination of death. Current criticisms of the whole-brain criterion are effective in refuting the first interpretation, but not the second, which is advanced in the (...)
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  • Moral fictions and medical ethics.Franklin G. Miller, Robert D. Truog & Dan W. Brock - 2009 - Bioethics 24 (9):453-460.
    Conventional medical ethics and the law draw a bright line distinguishing the permitted practice of withdrawing life-sustaining treatment from the forbidden practice of active euthanasia by means of a lethal injection. When clinicians justifiably withdraw life-sustaining treatment, they allow patients to die but do not cause, intend, or have moral responsibility for, the patient's death. In contrast, physicians unjustifiably kill patients whenever they intentionally administer a lethal dose of medication. We argue that the differential moral assessment of these two practices (...)
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  • Organ procurement organizations internet enrollment for organ donation: Abandoning informed consent. [REVIEW]Sandra Woien, Mohamad Rady, Joseph Verheijde & Joan McGregor - 2006 - BMC Medical Ethics 7 (1):1-9.
    Background Requirements for organ donation after cardiac or imminent death have been introduced to address the transplantable organs shortage in the United States. Organ procurement organizations (OPOs) increasingly use the Internet for organ donation consent. Methods An analysis of OPO Web sites available to the public for enrollment and consent for organ donation. The Web sites and consent forms were examined for the minimal information recommended by the United States Department of Health and Human Services for informed consent. Content scores (...)
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  • Voluntary active euthanasia.Dan W. Brock - 1992 - Hastings Center Report 22 (2):10-22.
    This article references the following linked citations. If you are trying to access articles from an off-campus location, you may be required to first logon via your library web site to access JSTOR. Please visit your library's website or contact a librarian to learn about options for remote access to JSTOR.
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  • The brain and somatic integration: Insights into the standard biological rationale for equating brain death with death.D. Alan Shewmon - 2001 - Journal of Medicine and Philosophy 26 (5):457 – 478.
    The mainstream rationale for equating brain death (BD) with death is that the brain confers integrative unity upon the body, transforming it from a mere collection of organs and tissues to an organism as a whole. In support of this conclusion, the impressive list of the brains myriad integrative functions is often cited. Upon closer examination, and after operational definition of terms, however, one discovers that most integrative functions of the brain are actually not somatically integrating, and, conversely, most integrative (...)
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  • Truth or consequences: The role of philosophers in policy-making.Dan W. Brock - 1987 - Ethics 97 (4):786-791.
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  • The Dead Donor Rule.John A. Robertson - 1999 - Hastings Center Report 29 (6):6.
    The scarcity of vital organs has prompted several calls to either modify the dead donor rule or interpret it more broadly. Given its symbolic importance, however, the rule should be changed only cautiously.
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  • (2 other versions)Brain Death and Personal Identity.Michael B. Green & Daniel Wikler - 1980 - Philosophy and Public Affairs 9 (2):105-133.
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  • (3 other versions)The biophilosophical basis of whole-brain death.James L. Bernat - 2002 - Social Philosophy and Policy 19 (2):324-342.
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  • Whither Brain Death?James L. Bernat - 2014 - American Journal of Bioethics 14 (8):3-8.
    The publicity surrounding the recent McMath and Muñoz cases has rekindled public interest in brain death: the familiar term for human death determination by showing the irreversible cessation of clinical brain functions. The concept of brain death was developed decades ago to permit withdrawal of therapy in hopeless cases and to permit organ donation. It has become widely established medical practice, and laws permit it in all U.S. jurisdictions. Brain death has a biophilosophical justification as a standard for determining human (...)
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  • A Defense of the Whole‐Brain Concept of Death.James L. Bernat - 1998 - Hastings Center Report 28 (2):14-23.
    The concept of whole‐brain death is under attack again. Scholars are arguing that the concept of brain death per se—regardless of the focus on “higher,” “stem” or “whole”—is fundamentally flawed. These scholars have identified what they believe are serious discrepancies between the definition and criterion of brain death, and have pointed out that medical professionals and lay persons remain confused about its meaning. Yet whole‐brain death remains the standard for determining death in much of the Western world and its defenders (...)
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  • Rethinking the Ethics of Vital Organ Donations.Franklin G. Miller & Robert D. Truog - 2008 - Hastings Center Report 38 (6):38-46.
    Accepted medical practice already violates the dead donor rule. Explicitly jettisoning the rule—allowing vital organs to be extracted, under certain conditions, from living patients—is a radical change only at the conceptual level. But it would expand the pools of eligible organ donors.
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  • Abandon the dead donor rule or change the definition of death?Robert M. Veatch - 2004 - Kennedy Institute of Ethics Journal 14 (3):261-276.
    : Research by Siminoff and colleagues reveals that many lay people in Ohio classify legally living persons in irreversible coma or persistent vegetative state (PVS) as dead and that additional respondents, although classifying such patients as living, would be willing to procure organs from them. This paper analyzes possible implications of these findings for public policy. A majority would procure organs from those in irreversible coma or in PVS. Two strategies for legitimizing such procurement are suggested. One strategy would be (...)
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  • Brain Death without Definitions.Winston Chiong - 2005 - Hastings Center Report 35 (6):20.
    Most of the world now accepts the idea, first proposed four decades ago, that death means “brain death.” But the idea has always been open to criticism because it doesn't square with all of our intuitions about death. In fact, none of the possible definitions of death quite works. Death, perhaps surprisingly, eludes definition, and “brain death” can be accepted only as a refinement of what is in fact a fuzzy concept.
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  • The Ethics of Creating and Responding to Doubts about Death Criteria.James M. Dubois - 2010 - Journal of Medicine and Philosophy 35 (3):365-380.
    Expressing doubts about death criteria can serve healthy purposes, but can also cause a number of harms, including decreased organ donation rates and distress for donor families and health care staff. This paper explores the various causes of doubts about death criteria—including religious beliefs, misinformation, mistrust, and intellectual questions—and recommends responses to each of these. Some recommended responses are relatively simple and noncontroversial, such as providing accurate information. However, other responses would require significant changes to the way we currently do (...)
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  • The Dead Donor Rule: A Defense.Samuel C. M. Birch - 2013 - Journal of Medicine and Philosophy 38 (4):426-440.
    Miller, Truog, and Brock have recently argued that the “dead donor rule,” the requirement that donors be determined to be dead before vital organs are procured for transplantation, cannot withstand ethical scrutiny. In their view, the dead donor rule is inconsistent with existing life-saving practices of organ transplantation, lacks a cogent ethical rationale, and is not necessary for maintenance of public trust in organ transplantation. In this paper, the second of these claims will be evaluated. (The first and third are (...)
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  • The dead donor rule: True by definition.Robert M. Veatch - 2003 - American Journal of Bioethics 3 (1):10 – 11.
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  • Mass media campaigns and organ donation: managing conflicting messages and interests. [REVIEW]Mohamed Y. Rady, Joan L. McGregor & Joseph L. Verheijde - 2012 - Medicine, Health Care and Philosophy 15 (2):229-241.
    Mass media campaigns are widely and successfully used to change health decisions and behaviors for better or for worse in society. In the United States, media campaigns have been launched at local offices of the states’ department of motor vehicles to promote citizens’ willingness to organ donation and donor registration. We analyze interventional studies of multimedia communication campaigns to encourage organ-donor registration at local offices of states’ department of motor vehicles. The media campaigns include the use of multifaceted communication tools (...)
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  • Death and legal fictions.S. K. Shah, R. D. Truog & F. G. Miller - 2011 - Journal of Medical Ethics 37 (12):719-722.
    Advances in life-saving technologies in the past few decades have challenged our traditional understandings of death. Traditionally, death was understood to occur when a person stops breathing, their heart stops beating and they are cold to the touch. Today, physicians determine death by relying on a diagnosis of ‘total brain failure’ or by waiting a short while after circulation stops. Evidence has emerged, however, that the conceptual bases for these approaches to determining death are fundamentally flawed and depart substantially from (...)
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  • A narrative review of the empirical evidence on public attitudes on brain death and vital organ transplantation: the need for better data to inform policy.Seema K. Shah, Kenneth Kasper & Franklin G. Miller - 2015 - Journal of Medical Ethics 41 (4):291-296.
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  • Abandoning the dead donor rule? A national survey of public views on death and organ donation.Michael Nair-Collins, Sydney R. Green & Angelina R. Sutin - 2015 - Journal of Medical Ethics 41 (4):297-302.
    Brain dead organ donors are the principal source of transplantable organs. However, it is controversial whether brain death is the same as biological death. Therefore, it is unclear whether organ removal in brain death is consistent with the ‘dead donor rule’, which states that organ removal must not cause death. Our aim was to evaluate the public9s opinion about organ removal if explicitly described as causing the death of a donor in irreversible apneic coma. We conducted a cross-sectional internet survey (...)
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  • Changing the Conversation About Brain Death.Robert D. Truog & Franklin G. Miller - 2014 - American Journal of Bioethics 14 (8):9-14.
    We seek to change the conversation about brain death by highlighting the distinction between brain death as a biological concept versus brain death as a legal status. The fact that brain death does not cohere with any biologically plausible definition of death has been known for decades. Nevertheless, this fact has not threatened the acceptance of brain death as a legal status that permits individuals to be treated as if they are dead. The similarities between “legally dead” and “legally blind” (...)
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  • Taking Science Seriously in the Debate on Death and Organ Transplantation.Michael Nair-Collins - 2015 - Hastings Center Report 45 (6):38-48.
    The concept of death and its relationship to organ transplantation continue to be sources of debate and confusion among academics, clinicians, and the public. Recently, an international group of scholars and clinicians, in collaboration with the World Health Organization, met in the first phase of an effort to develop international guidelines for determination of death. The goal of this first phase was to focus on the biology of death and the dying process while bracketing legal, ethical, cultural, and religious perspectives. (...)
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  • Death Revisited: Rethinking Death and the Dead Donor Rule.A. S. Iltis & M. J. Cherry - 2010 - Journal of Medicine and Philosophy 35 (3):223-241.
    Traditionally, people were recognized as being dead using cardio-respiratory criteria: individuals who had permanently stopped breathing and whose heart had permanently stopped beating were dead. Technological developments in the middle of the twentieth century and the advent of the intensive care unit made it possible to sustain cardio-respiratory and other functions in patients with severe brain injury who previously would have lost such functions permanently shortly after sustaining a brain injury. What could and should physicians caring for such patients do? (...)
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  • Are recent defences of the brain death concept adequate?Ari Joffe - 2009 - Bioethics 24 (2):47-53.
    Brain death is accepted in most countries as death. The rationales to explain why brain death is death are surprisingly problematic. The standard rationale that in brain death there has been loss of integrative unity of the organism has been shown to be false, and a better rationale has not been clearly articulated. Recent expert defences of the brain death concept are examined in this paper, and are suggested to be inadequate. I argue that, ironically, these defences demonstrate the lack (...)
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