Prisoners sometimes die in prison, either due to natural illness, violence, suicide, or a result of imprisonment. The purpose of this study is to understand deaths in custody using qualitative methodology and to argue for a comprehensive definition of death in custody that acknowledges deaths related to the prison environment. Interviews were conducted with 33 experts, who primarily work as lawyers or forensic doctors with national and/or international organisations. Responses were coded and analysed qualitatively. Defining deaths in (...) custody according to the place of death was deemed problematic. Experts favoured a dynamic approach emphasising the link between the detention environment and occurrence of death rather than the actual place of death. Causes of deaths and different patterns of deaths were discussed, indicating that many of these deaths are preventable. Lack of an internationally recognised standard definition of death in custody is a major concern. Key aspects such as place, time, and causes of death as well as relation to the prison environment should be debated and incorporated into the definition. Systematic identification of violence within prison institutions is critical and efforts are needed to prevent unnecessary deaths in prison and to protect vulnerable prisoners. (shrink)

This article argues that criminal justice and health institutions under settler colonialism collude to create and sustain “truths” about First Nations lives that often render them as “bare life,” to use the term of Giorgio Agamben. First Nations peoples’ existence is stripped to its sheer biological fact of life and their humanity denied rights and dignity. First Nations people remain in a “state of exception” to the legal order and its standards of care. Zones of exception place First Nations people (...) in a separate and diminished legal order. Medical and health agencies have been instrumental in shaping colonial “biopower,” both in and beyond carceral settings to ensure that First Nations lives are managed in accordance with the colonial settler state project. This project is able both to threaten First Nations rights to live and to maintain settler self-perceptions of decency and care. We illustrate this discussion with reference to the tragic and unnecessary deaths in custody of twenty-two-year-old Yamatji woman Ms Dhu in 2014 in South Hedland Police Station, Western Australia, and twenty-six-year-old Dunghutti man David Dungay Jnr in Long Bay jail in Sydney, NSW, in 2015. Health professionals and police demonstrated callous disregard to Ms Dhu and Mr Dungay—treating them as “bare life.”. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was (...) to examine the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

This paper discusses the role of the Australian Institute of Criminology in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was (...) to examine the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people. (shrink)

COVID-19 has caused far-reaching humanitarian challenges. Amongst the emerging impacts of the pandemic is on the dynamics of human trafficking. This paper presents findings from a multi-methods study interrogating the impacts of COVID-19 on human trafficking in Sudan—a critical source, destination, and transit country. The analysis combines a systematic evidence review, semi-structured interviews, and a focus group with survivors, conducted between January and May of 2021. We find key risks have been exacerbated, and simultaneously, critical infrastructure for identifying victims, providing (...) support, and ensuring accountability of perpetrators has been impeded. Centrally, the co-occurrence of the pandemic and the democratic transition undercut the institutional and governance capacity, limiting the anti-trafficking response and exposing already vulnerable groups to increased risks of human trafficking. Findings point to increased vulnerabilities for individuals with one or more of the following identities: migrants, refugees, females, and informal labourers. (shrink)

In this article, the authors examine the systemic nature of state violence and racial terror in the context of the Australian settler state and Indigenous deaths in custody. Drawing on Steve Martinot and Jared Sexton’s (2003) concept of a “double economy of terror,” the authors contend that police violence and Aboriginal deaths in custody must be read in terms of the standard operating procedures of a double economy of terror that ensures the institutional reproduction of the Australian settler (...) colonial state. Death in police custody, Perera and Pugliese argue, is coextensive with the larger governmental and administrative apparatuses of the colonial state. In the face of the settler state’s systemic ignorability of the ongoing racialized violence against Indigenous peoples, the authors conclude their paper opposing such a state with an Indigenous voice that refuses tacit acquiescence and that howls with rage at the mounting Aboriginal deaths in custody and rates of Indigenous imprisonment. (shrink)

Definition of the problem:Truog’s critique of the ”brain death” concept outlines inconsistencies well understood in the U.S. ethical debate, while he is one of the first to suggest returning to the traditional, coherent concept of death, thus breaking with the ”dead-donorrule.” The German transplantation law of 1996 endorses equating ”brain death” with death. A defeated draft, however, had acknowledged that irreversible total brain failure is a death-near state with a zero prognosis; organ harvesting, then, was (...) to be allowed only in case of prior personal consent. The politically effective objection against this concept was its admitted violation of the dead-donorrule and thus its (incorrectly) alleged precedent potential for legalising active euthanasia. Truog’s suggestion to justify organ explantation on the grounds of ”consent and nonmaleficence” would have fuelled German counter-critics had they known it. The problem is how to justify organ harvesting after breaking the dead-donorrule. Arguments: With the allegation that ”imminent death” and ”irreversible coma” allow concluding that there is ”no harm,” Truog ironically returns to the weak arguments traditionally used to support the ”brain death” concept. His suggestion opens the door to a wide array of eligible organ donors (and, indeed, to a precedential case for active euthanasia). The euphemistic tradition of the ”brain death” concept, perhaps a prominent reason for public scepticism towards transplantation, will be perpetuated unless it is acknowledged that the interference of organ explantation with the donor’s dying process does as such constitute ”harm” to this individual. Organ harvesting, then, requires prior personal consent and needs to be clearly differentiable from any act of ”killing” if it is to be compatible with the law, acceptable to surgeons and not a precedent for active euthanasia. A close look at the actual procedure reveals that consent has invariably the effect of prolonging, not shortening the factual life span of the person in whom irreversible total brain failure has been diagnosed. This peculiarity distinguishes organ explantation from all other forms of terminating a person’s life and is not congruent with the ethical and legal notion of ”killing”. Conclusion: Breaking the dead-donorrule by allowing for the donor to give prior personal consent to organ explantation as a procedure that is going to interfere with his or her dying can be justified, informed consent provided, without setting foot on a slippery slope. (shrink)

Zusammenfassung. Truog hat eine brillante Zuspitzung der US-amerikanischen Kritik am „Hirntod”-Kriterium vorgelegt; sein kaum begründeter Vorschlag, Organtransplantationen durch (stellvertretende) Zustimmung bei Menschen mit „irreversibler Bewusstlosigkeit” und „unmittelbar bevorstehendem Tod” zu legitimieren, hält einer kritischen Überprüfung jedoch nicht stand und scheint denen in Deutschland recht zu geben, die im Rahmen der Transplantationsgesetzgebung (1996) mit Blick auf den (gescheiterten) alternativen Gesetzentwurf vor einem Dammbruch zur aktiven Euthanasie warnten. Dieser Aufsatz kritisiert Truogs Vorschlag und zeigt, warum Organentnahmen bei Menschen mit irreversiblem totalen Hirnversagen (...) gerechtfertigt werden können, wenn zum tragfähigen Todeskriterium des irreversiblen Herz-Kreislauf-Stillstands zurückgekehrt wird, ohne dass ein Präzedenzfall für die aktive Euthanasie entsteht. (shrink)

“Excited Delirium Syndrome” (ExDS) is a controversial diagnosis. The supposed syndrome is sometimes considered to be a potential cause of death. However, it has been argued that its sole purpose is to cover up excessive police violence because it is mainly used to explain deaths of individuals in custody. In this paper, we examine the epistemic conditions giving rise to the controversial diagnosis by discussing the relation between causal hypotheses, evidence, and data in forensic medicine. We argue that (...) the practitioners’ social context affects causal inquiry through background assumptions that enter inquiry at multiple stages. This analysis serves to better understand the wide usage of the controversial diagnosis of ExDS. (shrink)

이 논문은 현대 사회의 절망이라는 현상에 주목하면서 실존적 의미에서의 인간의 절망이란 무엇이고 절망의 근본 원인이 무엇인지 살펴보고, 이를 통하여 이러한 절망을 어떻게 극복할 수 있는가에 대하여 논의한다. 불안과 절망이라는 중요한 철학적 심리학의 주제에 관하여 키에르케고어는 그의 저서인 『불안의 개념』과 『죽음에 이르는 병』에서 인간이 근본 조건으로서의 불안과 절망을 경험할 수밖에 없는 근거를 해명하고자 했다. 본 연구에서는 키에르케고어의 이해에 바탕한 불안과 절망에 대한 이론적 고찰로부터 현대 사회에서 인간이 겪는 구체적인 형태의 절망을 철학적으로 어떻게 바라볼 수 있는지를 논의한다. 나아가 현대 사회에서 인간이 경험하는 (...) 절망을 철학상담의 관점에서 재해석하고, 이를 토대로 ‘공감적 대화’와 ‘초월’이라는 철학상담의 기법을 통해 이들이 자신이 마주한 절망을 극복하도록 도울 수 있는 가능성을 제시한다. (shrink)

Change according to Heraclitus is the only abiding substance observable in the universe. The implication of this view is that apart from change which remains the only constant thing, there is nothing that is held to be permanent. That is why life though relatively blissful, sooner or later is overtaken by death. Of course, death is always a dread to human conciousness. It is a phenomenon which man has always whished that it not be a reality. It is (...) this facticity and the finitude of life that the writer intends to critically examine in this paper. With the methodological approach of critical reflection, he aimed at achieving the goal of the study which concludes that death is an inescapable phenomenon awaiting every single existent being, though not the end of existence. (shrink)

In 2018, at least 12 adults and 3 children died in U.S. detention facilities. In 2017, 12 people died in U.S. detention facilities and at least 10 women filed complaints against ICE for mistreatment that led them to miscarry. At the time of this writing, 26 people have died in US Custody during the Trump Administration and 74 people have died in U.S. detention facilities between 2010 and 2018, including Raul Ernesto Morales-Ramos, Augustina Ramirez-Arreola, Moises Tino-Lopez, Jose Azurdia, and (...) Roxana Hernandez. I am not going to argue that these deaths are wrong – I take that as obvious. Instead, I will suggest that nonideal theory shows why bioethicists have special obligations for condemning these deaths and getting involved to make them stop. When we heed nonideal theory’s demand to consider empirical realities, we will see that the role of the bioethicist extends wherever health care does. Moreover, when bioethicists expressly embrace nonideal rather than ideal theories to ground our work, we will see that there are plenty such theories available to us. Shelly Wilcox’s nonideal theory of immigration justice is especially well suited for bioethicists to use in relation to detainee health care and enter the conversation where they are so desperately needed. (shrink)

There is an inextricable link between cultural and clinical safety. In Australia high‐profile Aboriginal deaths in custody, publicised institutional racism in health services and the international Black Lives Matter movement have cemented momentum to ensure culturally safe care. However, racism within health professionals and health professional students remains a barrier to increasing the number of Aboriginal and Torres Strait Islander Health professionals. The Australian Health Practitioner Regulation Agency's Aboriginal and Torres Strait Islander Health Strategy's objective to ‘eliminate racism from (...) the health system’, and the recent adoption of the Aboriginal and Torres Strait Islander peoples led cultural safety definition, has instigated systems level reflections on decolonising practice. This article explores cultural safety as the conceptual antithesis to racism, examining its origins, and contemporary evolution led by Aboriginal and Torres Strait Islander peoples in Australia, including its development in curriculum innovation. The application of cultural safety is explored using in‐depth reflection, and the crucial development of integrating critical consciousness theory, as a precursor to culturally safe practice, is discussed. Novel approaches to university curriculum development are needed to facilitate culturally safe and decolonised learning and working environments, including the key considerations of non‐Indigenous allyship and collaborative curriculum innovations and initiatives. (shrink)

Scholars have identified crimmigration – or the criminalization of “irregular” migration in law – as a key issue affecting migrant access to justice in contemporary immigrant-receiving societies. Yet the gendered and racialized implications of crimmigration for diverse migrant populations remains underdeveloped in this literature. This study advances a feminist intersectional approach to crimmigration and migrant justice in Canada. I add to recent research showing how punitive immigration controls disproportionately affect racialized men from the global south, constituting what Golash-Boza and Hondagneu-Sotelo (...) have called a “gendered racial removal program”. In my study, I shift analytical attention to consider the effects of the contemporary crimmigration system on migrant women survivors of gender-based violence. While such cases constitute a small sub-group within a larger population of migrants in detention, nevertheless scholarly attention to this group can expose the multiple axes along which state power is enacted – an analytical strategy that foundational scholars like Crenshaw used to theorize “structural intersectionality” in the US. In focusing on crimmigration in the Canadian context, I draw attention to the growing nexus between migration, security, and gender-based violence that has emerged alongside other processes of crimmigration. I then provide a case analysis of the 2013 death while in custody of Lucía Dominga Vega Jiménez, an “undocumented” migrant woman from Mexico. My analysis illustrates how migrant women’s strategies to survive gender-based violence are re-cast as grounds for their detention and removal, constituting what I argue is a criminalization of survivorship.The research overall demonstrates the centrality of gendered and racialized structural violence in crimmigration processes by challenging more universalist approaches to migrant justice. (shrink)

This Common Knowledge guest column is a partly comical, partly biographical speculation on how Anthony Woodville, brother-in-law of King Edward IV, passed the time while being held under guard at the “Newe Inn” Norwich, from August 20 to 25, 1469.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.2 (2000) 189-202 [Access article in PDF] Spinoza in Denmark and the Fall of Struensee, 1770-1772 John Christian Laursen * Baruch (Benedict) de Spinoza was the arch-heretic of the late seventeenth and eighteenth centuries. He was denounced in half a dozen languages from the time he began to publish until at least the 1780s, when Lessing's allegiance to Spinoza became the heart of (...) a literary scandal. 1 In time-honored fashion, some of these denunciations led to the burning of books and the imprisonment or banning of authors. The most spectacular case, however, led to the trial of a prime minister, the cutting off of his right hand and of his head, and the drawing and quartering of his body in full public ceremony. The year was 1772, the prime minister was Johann Friedrich Struensee, and the country was Denmark.Late eighteenth-century Denmark was not known for barbarities of the type represented by Struensee's execution. Previously disgraced prime ministers had merely been imprisoned, and other political enemies of the ruling powers had [End Page 189] merely been exiled. 2 Why such harshness with Struensee? What was at stake in the fall of Struensee?The answers to these questions are complex, but an important element of those answers lies in Struensee's public image, which made it seem both necessary and justifiable to treat him with such harshness. In turn, public opinion about Struensee was closely tied to the reputation of Spinoza. This essay will show that charges of Spinozism were part of the campaign that poisoned public opinion against Struensee. This was an unusually clear case of a theological and philosophical debate having direct political effects.Before getting to the role of Spinozism and anti-Spinozism in eighteenth-century Denmark, let us fill in important points of the story. The charge against Struensee was lèse majesté, for plotting the death of the King and for usurping power in violation of the constitution. Behind these charges was a further element which encouraged outrage: sleeping with Queen Caroline Matilda. That much was true, as both the Queen, a sister of George III of England, and Struensee admitted, each in order to save the other. The King knew about it all along but did not care. He did not care because he had become a libertine, going out to whorehouses most nights with rowdy friends, and he figured that what was good for the gander was good for the goose. He was also schizophrenic and easily manipulable by those around him, so that Struensee and the Queen encountered no disapproval from him until he fell under other people's influence. After Struensee and the Queen were taken into custody, the King was forced to divorce the Queen and she was sent to live in a Hannoverian castle in Celle because her brother did not want the embarrassment of having her back in England. She died there a few years later. 3It is an irony that we owe our knowledge of the state of public opinion in Denmark in this period to Struensee. Until shortly before the fatal events mentioned above, the Danish press had been subject to censorship that might have prevented the expression of many of the subsequent attacks on Struensee. But in September 1770 Struensee persuaded the king to declare freedom of the press in all his realms (consisting of the kingdoms of Denmark and Norway, the Duchies of Slesvig and Holsten [Schleswig and Holstein in German], Greenland, Iceland, the Faroes, and colonies in India, Africa, and the Caribbean). 4 It is not widely [End Page 190] known that Denmark was the first country to declare unlimited freedom of the press as official public policy. For much of the century England and the Netherlands had effective freedom of the press, but it had never been declared official policy. The next to do so was rebellious Virginia, in the Virginia Declaration of Rights (1776), followed by other colonies and then the Bill of Rights of the new... (shrink)

In this essay, we consider questions arising from cases in which people request medical assistance in dying (MAiD) in unjust social circumstances. We develop our argument by asking two questions. First, can decisions made in the context of unjust social circumstance be meaningfully autonomous? We understand ‘unjust social circumstances’ to be circumstances in which people do not have meaningful access to the range of options to which they are entitled and ‘autonomy’ as self-governance in the service of personally meaningful goals, (...) values and commitments. People in these circumstances would choose otherwise, were conditions more just. We consider and reject arguments that the autonomy of people choosing death in the context of injustice is necessarily reduced, either by restricting their options for self-determination, through their internalisation of oppressive attitudes or by undermining their hope to the point that they despair.Second, should MAiD be available to people in such circumstances, even when a sound argument can be made that the agents in question are autonomous? In response, we use a harm reduction approach, arguing that even though such decisions are tragic, MAiD should be available. Our argument engages with relational theories of autonomy as well as recent criticism raised against them and is intended to be general in application, although it emerges in response to the Canadian legal regimen around MAiD, with a focus on recent changes in Canada’s eligibility criteria to qualify for MAiD. (shrink)

Potential ethical issues can arise during the process of epidemiological classification. For example, unnatural infant deaths are classified as accidental deaths or homicides. Societal sensitivity to the physical abuse and neglect of children has increased over recent decades. This enhanced sensitivity could impact reported infant homicide rates. Infant homicide and accident mortality rates in boys and girls in the USA from 1940 to 2005 were analysed. In 1940, infant accident mortality rates were over 20 times greater than infant homicide rates (...) in both boys and girls. After about 1980, when the ratio of infant accident mortality rates to infant homicide rates decreased to less than five, and the sum of infant accident and homicide rates became relatively constant, further decreases in infant accident mortality rates were associated with increases in reported infant homicide rates. These findings suggest that the dramatic decline of accidental infant mortality and recent increased societal sensitivity to child abuse may be related to the increased infant homicide rates observed in the USA since 1980 rather than an actual increase in societal violence directed against infants. Ethical consequences of epidemiological classification, involving the principles of beneficence, non-maleficence and justice, are suggested by observed patterns in infant accidental deaths and homicides in the USA from 1940 to 2005. (shrink)

In a span of twenty years, two of the autocephalous churches of the Orthodox Christian world released documents addressing the social realities of contemporary life: the Russian Orthodox Church's Basis of the Social Concept (2000) and the Ecumenical Patriarch's For the Life of the World: Toward a Social Ethos of the Orthodox Church (2020). This article offers a side-by-side comparison and analysis of the documents’ treatments of matters of birth and death, including childbirth, abortion, miscarriage, end-of-life care, euthanasia, suicide, (...) and a vision of a good death. Detailed comparison demonstrates remarkable accord between the two churches on many of these matters. Differences of omission and emphasis appear to be indicative of contrasting demographic and historical situations, with the exception of one, notable divergence between the churches, all of which are discussed. The striking degree and depth of consonance between the documents offers potential for cooperation and unity as the two churches negotiate their conflicts while also seeking to guide their flocks and offer Orthodox Christian witness in an increasingly desacralized world. (shrink)

We know that animals are harmed in plant production. Unfortunately, though, we know very little about the scale of the problem. This matters for two reasons. First, we can’t decide how many resources to devote to the problem without a better sense of its scope. Second, this information shortage throws a wrench in arguments for veganism, since it’s always possible that a diet that contains animal products is complicit in fewer deaths than a diet that avoids them. In this paper, (...) then, we have two aims: first, we want to collect and analyze all the available information about animal death associated with plant agriculture; second, we try to show just how difficult it’s to come up with a plausible estimate of how many animals are killed by plant agriculture, and not just because of a lack of empirical information. Additionally, we show that there are significant philosophical questions associated with interpreting the available data—questions such that different answers generate dramatically different estimates of the scope of the problem. Finally, we document current trends in plant agriculture that cause little or no collateral harm to animals, trends which suggest that field animal deaths are a historically contingent problem that in future may be reduced or eliminated altogether. (shrink)

Evidential Decision Theory and Causal Decision Theory are the leading contenders as theories of rational action, but both face counterexamples. We present some new counterexamples, including one in which the optimal action is causally dominated. We also present a novel decision theory, Functional Decision Theory, which simultaneously solves both sets of counterexamples. Instead of considering which physical action of theirs would give rise to the best outcomes, FDT agents consider which output of their decision function would give rise to the (...) best outcome. This theory relies on a notion of subjunctive dependence, where multiple implementations of the same mathematical function are considered to have identical results for logical rather than causal reasons. Taking these subjunctive dependencies into account allows FDT agents to outperform CDT and EDT agents in, for example, the presence of accurate predictors. (shrink)

Schuklenk and van de Vathorst's paper is a very welcome addition to the literature on the assisted dying debate and will be of great interest to clinicians working in the field of mental health.1 Many psychiatrists will have had patients who have asked them to allow them to die, to desist in their efforts to prevent their suicide, and one of us has had personal experience, outside of professional life, of being asked to aid in someone's attempt to end their (...) life in the context of an episode of mood disorder. The person with depression asking professionals, friends and family members to aid them in ending their life is a very real phenomenon. In their discussion, Schuklenk and van de Vathorst's paper uses two principles that we endorse and add weight to their argument: namely, the reality of suffering in depression and the parity of mental and physical illness. Indeed, the case Schuklenk and van de Vathorst make is a strong one and our commentary will focus on the premise of the argument around choosing death and some empirical clarification about competence in depression and the nature of treatment-resistant depression (TRD) and its prognosis. The conceptual concern we wish to discuss in relation to assisted dying, endorsed by the state and legislature, is not linked to any moral or religious concern, or even on grounds related to ‘slippery slope’ or ‘abuse’ arguments. Rather the worry is how one could operationalise decisions around assisted dying as based on competence and capacity and view such decisions as rational. I think this concern is not limited to depressive illness, but to all decisions regarding choosing non-existence. Schuklenk and van de Vathorst offer the following useful criteria to regulate assisted suicide:1. (shrink)

Does thinking about our death help or hinder us? I will approach this question by looking at which portions of a life can bear meaning, i.e. whether meaning is local (something that attaches to parts of a life taken in isolation from one another) or global (resulting from the combination of, or interrelations among, events in life as a whole). I present two versions of the “part life” view of meaning and two versions of the “whole life” view. I (...) show how these views yield different outlooks on the value of keeping death in mind when pursuing meaning in life. They also differ as to whether they encourage us to think of our death negatively, positively, or with indifference. (shrink)

This chapter examines the views of death by ancient Greek philosophers including Aristotle, Socrates, and Plato. It suggests that Aristotle offered no cheerful optimism similar to Socrates in his “Apology” and did not provide any arguments about the immortality of the soul like Plato in “Phaedo.” What Aristotle attempted to do was to help us face immortality that can enhance our chances of living worthy lives.

Death in the Clinic fills a gap in contemporary medical education by explicitly addressing the concrete clinical realities about death with which practitioners, patients, and their families continue to wrestle. Visit our website for sample chapters!

In _Death in Documentaries: The Memento Mori Experience_, Benjamin Bennett-Carpenter suggests that documentaries are an especially apt form of contemporary _memento mori_; that is, documentaries offer transformative experiences for a viewer to renew one’s consciousness of mortality.

In a world of rapid technological advances, the moral issues raised by life and death choices in healthcare remain obscure. _Life and Death in Healthcare Ethics_ provides a concise, thoughtful and extremely accessible guide to these moral issues. Helen Watt examines, using real-life cases, the range of choices taken by healthcare professionals, patients and clients which lead to the shortening of life. The topics looked at include: * euthanasia and withdrawal of treatment * the persistent vegetative state * (...) abortion * IVF and cloning * life-saving treatment of pregnant women Clearly written and insightful, _Life and Death in Healthcare Ethics_ presupposes no prior knowledge of philosophy. It will be of interest to anyone confronting healthcare ethics for the first time, or seeking to develop his or her understanding of some core topics in the field. (shrink)

This paper examines a central aspect of the relations between duration and quality of life by considering the moral right to voluntary euthanasia, and some aspects of the moral case for a legal right to euthanasia. Would widespread acceptance of a right to voluntary euthanasia lead to widespread changes in attitudes to life and death? Many of its advocates deny that, seeing it as a narrow right enabling people to avoid ending their life in great pain or total dependence, (...) or a vegetative state. I argue that the right cannot cogently be conceived as a narrow right, confined to very limited circumstances. It is based on the value of having the normative power to choose the time and manner of one's death. Its recognition will be accompanied by far reaching changes in culture and attitudes, and these changes will enrich people's life by enabling them to integrate their death as part of their lives. (shrink)

In the story of Lazarus, Christian readers are invited and enabled to integrate the fear-inducing experience of death, that of loved ones and their own, into their faith vision.

In this article, the authors study the phenomenon of mystical death in the spirituality of Saint Teresa of Ávila. They first explain the phenomenon of mystical death in the history of Christian spirituality. The authors note that the history of this phenomenon goes as far back as the New Testament, where it can be found in the texts by St. Paul and St. John, but it was first formulated explicitly by an unknown author much later—in the seventeenth century. (...) Mystical death is a concept used to explain mystics’ experience of transformation from self-centeredness to other-centeredness. The authors want to use this concept to open up a further interpretation of Teresa of Ávila’s work, it provides a key for unlocking a major theme of her work. In the mysticism of Saint Teresa of Ávila, the authors investigate this phenomenon in two of her books: The Interior Castle or The Mansions and The Life of Teresa of Jesus. Firstly, this phenomenon is in her description of the fifth mansion of The Interior Castle or The Mansions in the symbolism of the transformation of a caterpillar into a butterfly, conditioned by ascending of internal energies. Secondly, they can trace the phenomenon of mystical death in her work The Life of Teresa of Jesus, especially in her explanation of her near-death experience. According to the authors, the phenomenon of mystical death in the mysticism of Teresa of Ávila constitutes a condition for higher spiritual states, especially the state of mystical unity. Finally, the authors outline that the phenomenon of mystical death in the spirituality of Teresa of Ávila is similar to mysticism in Eastern spiritual traditions. They discuss the importance of revealing these similarities for a better understanding of the human being and hir further spiritual development. (shrink)

Since the 1980s, Islamic scholars and medical experts have used the tools of Islamic law to formulate ethico-legal opinions on brain death. These assessments have varied in their determinations and remain controversial. Some juridical councils such as the Organization of Islamic Conferences' Islamic Fiqh Academy (OIC-IFA) equate brain death with cardiopulmonary death, while others such as the Islamic Organization of Medical Sciences (IOMS) analogize brain death to an intermediate state between life and death. Still other (...) councils have repudiated the notion entirely. Similarly, the ethico-legal assessments are not uniform in their acceptance of brain-stem or whole-brain criteria for death, and consequently their conceptualizations of, brain death. Within the medical literature, and in the statements of Muslim medical professional societies, brain death has been viewed as sanctioned by Islamic law with experts citing the aforementioned rulings. Furthermore, health policies around organ transplantation and end-of-life care within the Muslim world have been crafted with consideration of these representative religious determinations made by transnational, legally-inclusive, and multidisciplinary councils. The determinations of these councils also have bearing upon Muslim clinicians and patients who encounter the challenges of brain death at the bedside. For those searching for ‘Islamically-sanctioned’ responses that can inform their practice, both the OIC-IFA and IOMS verdicts have palpable gaps in their assessments and remain clinically ambiguous. In this paper we analyze these verdicts from the perspective of applied Islamic bioethics and raise several questions that, if answered by future juridical councils, will better meet the needs of clinicians and bioethicists. (shrink)

It seems to be widely assumed that the only effect of the Ghirardi-Rimini-Weber dynamical collapse mechanism on the `tails' of the wavefunction is to reduce their weight. In consequence it seems to be generally accepted that the tails behave exactly as do the various branches in the Everett interpretation except for their much lower weight. These assumptions are demonstrably inaccurate: the collapse mechanism has substantial and detectable effects within the tails. The relevance of this misconception for the dynamical-collapse theories is (...) debatable, though. (shrink)

All of the world's religions refer to death in some way. Everyone is somewhat familiar with stories about where we go or what happens to us after death. From an early age, we have all heard stories of heaven or hell or some other version of paradise. Many of us believed such stories, and a great number of us still do. When considering that such stories manage to persist in modern times, an age of science and logic, we (...) can be sure that death is an issue to which humans attach great importance. In a sense, the idea of an afterlife can be a great source of comfort to those whose death is imminent, as well as to their loved ones. Those who have led especially difficult lives can look forward to a more pleasant world, while those who have enjoyed happiness and abundance have the chance to experience more good fortune. To those left behind, the idea of an afterlife presents the chance to meet a loved one again. We may not be conscious of it, but such hopes and expectations stay with us throughout our lives. If such an afterlife does exist, then there is no reason to avoid or fear death. Moreover, if we believe that another life awaits us, then we would believe that we are only separated from our loved ones temporarily before being reunited with them later on. (shrink)

The bare bones of the story of Bodhidharma, that strange, bearded, wide-eyed fellow who brought the meditation school of Buddhism that we know as Zen to China, are well known. He sailed from India to Canton and then proceeded to the court of Emperor Wu of the Liang Dynasty, who asked the Patriarch how much merit he had accumulated from sponsoring the building of temples, the copying of Buddhist scriptures, and the ordination of monks. When Bodhidharma replied, "None," the emperor (...) didn't understand, so Bodhidharma went north, crossed the Yangtse River on a reed, and spent nine years gazing at a wall at Shao-lin Monastery. (shrink)

Published in 1913, Thomas Mann's _Death in Venic_e is one of the most widely read novellas in any language. In the 1970s, Benjamin Britten adapted it into an opera, and Luchino Visconti turned it into a successful film. Reading these works from a philosophical perspective, Philip Kitcher connects the predicament of the novella's central character to Western thought's most compelling questions. In Mann's story, the author Gustav von Aschenbach becomes captivated by an adolescent boy, first seen on the lido in (...) Venice, the eventual site of Aschenbach's own death. Mann works through central concerns about how to live, explored with equal intensity by his German predecessors, Schopenhauer and Nietzsche. Kitcher considers how Mann's, Britten's, and Visconti's treatments illuminate the tension between social and ethical values and an artist's sensitivity to beauty. Each work asks whether a life devoted to self-sacrifice in the pursuit of lasting achievements can be sustained and whether the breakdown of discipline undercuts its worth. Haunted by the prospect of his death, Aschenbach also helps us reflect on whether it is possible to achieve anything in full awareness of our finitude and in knowing our successes are always incomplete. (shrink)

Ethical debates over the use of mental health knowledge and practice at the Guantánamo Bay detention facility have mostly revolved around military clinicians sharing detainee medical information with interrogators, falsifying death certificates in interrogations, and disagreements over whether the Central Intelligence Agency’s “enhanced interrogation techniques” violated bioethical principles to do no harm. However, debates over the use of magnetic resonance imaging in the mental health evaluations of detainees have received little attention. This paper provides the first known analysis of (...) such debates over MRI use in the case of Abd al-Rahim al- Nashiri. Through a close reading of open-source legal documents such as defense motions, prosecution motions, judge rulings, and al-Nashiri’s mental health evaluation, debates over MRI use become interpretive contests over the very meanings of mental illness and the extent to which MRI results can verify whether he was tortured in CIA custody. Such work can revitalize interest in the neuroethics of national security. (shrink)

An encyclopedia entry on Romantic writer and philosopher's fascinating reconceptualisation of the concept of death.

Death in the Clinic fills a gap in contemporary medical education by explicitly addressing the concrete clinical realities about death with which practitioners, patients, and their families continue to wrestle. Visit our website for sample chapters!

The majority of embryos created in natural reproduction die spontaneously within a few weeks of conception. Some have argued that, therefore, if one believes the embryo is a person (in the normative sense) one should find ‘natural’ reproduction morally problematic. An extension of this argument holds that, if one accepts embryo deaths in natural reproduction, consistency requires that one also accepts embryo deaths that occur in (i) assisted reproduction via in vitro fertilisation (IVF) and (ii) embryo research. In a recent (...) paper in this journal, Timothy Murphy criticises both the initial argument and its extension. Murphy argues that double-effect reasoning can justify embryo deaths both in natural reproduction and IVF, but not in embryo research. Thus, according to Murphy, one can, without being inconsistent, (1) believe the embryo is a person and accept natural reproduction and IVF, and (2) accept natural reproduction and IVF, while rejecting embryo research on the ground that it involves embryo deaths. I show that Murphy's argument is problematic because double effect cannot justify embryo deaths in standard IVF practices. The problem is that the proportionality criterion of double effect is not met by such practices. Thus, Murphy's argument fails to support (1) and (2). An implication of his argument failing to support (2) is that it does not defeat the position I have defended in the past—that if one accepts standard IVF practices one should also accept embryo research, including research with embryos created solely for that purpose. (shrink)

ABSTRACTDeath as an inevitable reality is a subject of study in various philosophical schools. This concept can be reviewed within three realms: semantics, ontology, and epistemology. The objective of this article is to examine death within the ontological realm in the thoughts of Mullā Sadrā and Schopenhauer, and it attempts to answer the question whether philosophical discussions on the concept of death in Sadrā’s transcendental wisdom, despite differences in principles, methods, and objectives, are comparable to Schopenhauer’s intellectual framework. (...) Using a descriptive-analytical approach, the present study first investigates the issue of death in the thought of both philosophers and then focuses on their comparative analysis. The findings of this study show that both philosophers believe in the dichotomy in the world, immortality of human nature after death, existence of suffering in the world, asceticism, austerity, love, and affection to all human beings. However, each of them analyzes and explains the issue of death within his own intellectual framework. (shrink)

It is widely acknowledged that Hegel holds the view that a rational social order needs to reconcile us to our status as natural beings, with bodily needs and desires. But while this general view is...

This essay examines how Black Mirror presents mortality as a moral dilemma, asking if we should use technology to rewrite the rules of existence. Through the exploration of philosophical perspectives from Martin Heidegger, Albert Camus, Jacques Derrida, and Sigmund Freud, the essay illustrates the choices Black Mirror presents regarding how we should deal with the death of others and the death of ourselves, as well as the meaning of death and whether we should defer it or embrace (...) it. (shrink)

This contribution sets out to criticize the prominent metaphor of “death while alive” in the context of dementia. We first explain the historical origin and development as well as the philosophical premises of the image. We then take a closer look at its implications for understanding dementia and societal attitudes and behaviours towards those affected. In doing so, we adopt a life course perspective that seeks to account for the ethical significance of the temporal extension and structure of human (...) life. According to this perspective, individual existence in time is characterized by normative standards of age-appropriate behavior, evaluative standards of a good life, and teleological notions of successful development which require theoretical analysis and ethical discussion. Such a perspective can contribute significantly to spelling out the implications of the metaphor of death while alive and to criticizing their problematic aspects. Indeed, it makes clear that this metaphor aligns dementia with a different point in the human life course, thus ultimately framing it as a kind of deviation from the biographical norm, a disruption in an assumed temporal order of existence. At the same time, the life course perspective can help to understand why this conception involves ethically problematic distortions and blind spots. The resulting considerations allow conclusions with regard to medical and care ethical debates about self-determination, surrogate decision making, and advance directives in the context of dementia. Furthermore, on a theoretical-conceptual level, they also illustrate the importance of a biography- and culture-sensitive approach to philosophical and ethical reasoning in biomedicine and the life sciences. (shrink)