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By M. Potts, P.A. Byrne, R.G. Nilges
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Extra resources for Beyond Brain Death - The Case Against Brain based Critieria for Human Death - Philosophy and Medicine Vol 66
BYRNE, S. M. W. SALSICH, JR. have adopted it and one state (New York) has adopted similar legislation. It will be introduced into the state legislature of Iowa in 2000 (National Commission, 2000)]. B. The Change in Medical Practice The first “brain death” statute was adopted in 1970 (Kansas, 1971). 8 The common response seems to be: (1) Medical advances have rendered our earlier notions (or criteria or tests or definitions) of death obsolete. (2) The courts, with far less competence than legislatures to decide the underlying social, philosophical, and religious issues, are an inadequate mechanism for bringing about updated notions, criteria, tests, or definitions (Capron and Kass, 1972, pp.
It is contended that those who are yet alive (in the ordinary sense) but who are no longer capable of the higher human functions should be treated by society and the law as if they were dead. ” Indeed, some argue that death would be better for the patient than a comatose state (Roelofs, 1978, p. 44; Garland, 1977, pp. 16-17). The religious and moral hearing of such arguments will be touched on in Part III. Here the matter is addressed only to show that there is no natural stopping point once one has accepted a definition or general criterion of death based on the irreversible nonfunction of the brain.
S. Study, 1980, p. 184; Evans and Lum, 1980a, 1980c; Poole, 1980, p. 1213; Paul, 1981). Moreover, when the question is whether someone may now be diagnosed as dead as a prelude to potentially lethal action upon him, it is less than useless to be offered a prognosis, even an infallible one, of an eventually fatal outcome; no one with useful organs will be allowed to live that long. Absence of any possibility for recovery is not the same thing as death, though death assuredly implies such absence.
Beyond Brain Death - The Case Against Brain based Critieria for Human Death - Philosophy and Medicine Vol 66 by M. Potts, P.A. Byrne, R.G. Nilges