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Harming someone after his death

Ethics 94 (3):407-419 (1984)

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  1. Warum wir eine Erbschaftssteuer brauchen: Eine philosophische Verteidigung.Marcel Twele - 2023 - De Gruyter.
    In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...)
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  • Bots: Some Less-Considered Epistemic Problems.Benjamin Winokur - 2023 - Social Epistemology 37 (5):713-725.
    Posts on social media platforms like Twitter are sometimes the products of deceptively designed bots. These bots can cause obvious epistemic problems, such as tricking human users into believing the contents of misleading posts. However, less-considered epistemic problems involve false bot judgements where a human user mistakes another human user’s post for a bot-post, or where a human user mistakenly believes that bots are the primary vehicles for tokening certain content on social media. This paper takes up three questions concerning (...)
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  • Promises to the Dead.James Stacey Taylor - 2021 - Royal Institute of Philosophy Supplement 90:81-103.
    Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...)
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  • Death, Posthumous Harm, and Bioethics.James Stacey Taylor - 2012 - New York: Routledge.
    _Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that the (...)
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  • Death, posthumous harm, and bioethics.James Stacey Taylor - 2014 - Journal of Medical Ethics 40 (9):636-637.
    If pressed to identify the philosophical foundations of contemporary bioethics, most bioethicists would cite the four-principles approach developed by Tom L Beauchamp and James F Childress,1 or perhaps the ethical theories of JS Mill2 or Immanuel Kant.3 Few would cite Aristotle's metaphysical views surrounding death and posthumous harm.4 Nevertheless, many contemporary bioethical discussions are implicitly grounded in the Aristotelian views that death is a harm to the one who dies, and that persons can be harmed, or wronged, by events that (...)
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  • Some Conceptual Aspects of Temporality and the Ability to Possess Rights.Sandeep Sreekumar - 2015 - Ratio Juris 28 (3):330-353.
    Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...)
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  • The complex case of Ellie Anderson.Joona Räsänen & Anna Smajdor - 2022 - Journal of Medical Ethics 48 (4):217-221.
    Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting (...)
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  • Right of the Living Dead? Consent to Experimental Surgery in the Event of Cortical Death.Robert Sparrow - 2006 - Journal of Medical Ethics 32 (10):601-605.
    Ravelingien et al have suggested that early human xenotransplantation trials should be carried out on patients who are in a permanent vegetative state (PVS) and who have previously granted their consent to the use of their bodies in such research in the event of their cortical death. Unfortunately, their philosophical defence of this suggestion is unsatisfactory in its current formulation, as it equivocates on the key question of the status of patients who are in a PVS. The solution proposed by (...)
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  • Sidgwick and Self-interest.Roger Crisp - 1990 - Utilitas 2 (2):267.
    The notion of self-interest has not received from philosophers of this century the attention it deserves. In this paper, I shall first elucidate the views on self-interest of a philosopher who nourished in the last century. It could be argued that Henry Sidgwick's views on this topic are the most considered in the history of philosophy. I shall then point to a number of misconceptions in his position, and suggest a more satisfactory account. I shall attempt also to solve a (...)
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  • Harm.Michael Rabenberg - 2015 - Journal of Ethics and Social Philosophy 8 (3):1-32.
    In recent years, philosophers have proposed a variety of accounts of the nature of harm. In this paper, I consider several of these accounts and argue that they are unsuccessful. I then make a modest case for a different view.
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  • Wittgenstein and basic moral certainty.Nigel Pleasants - 2009 - Philosophia 37 (4):669-679.
    In On Certainty, Wittgenstein’s reflections bring into view the phenomenon of basic certainty. He explores this phenomenon mostly in relation to our certainty with regard to empirical states of affairs. Drawing on these seminal observations and reflections, I extend the inquiry into what I call “basic moral certainty”, arguing that the latter plays the same kind of foundational role in our moral practices and judgements as basic empirical certainty does in our epistemic practices and judgements. I illustrate the nature and (...)
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  • Wittgenstein, ethics and basic moral certainty.Nigel Pleasants - 2008 - Inquiry: An Interdisciplinary Journal of Philosophy 51 (3):241 – 267.
    Alice Crary claims that “the standard view of the bearing of Wittgenstein's philosophy on ethics” is dominated by “inviolability interpretations”, which often underlie conservative readings of Wittgenstein. Crary says that such interpretations are “especially marked in connection with On Certainty”, where Wittgenstein is represented as holding that “our linguistic practices are immune to rational criticism, or inviolable”. Crary's own conception of the bearing of Wittgenstein's philosophy on ethics, which I call the “intrinsically-ethical reading”, derives from the influential New Wittgenstein school (...)
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  • Duties to the Dead and the Conditions of Social Peace.Jeff Noonan - 2012 - The European Legacy 17 (5):593-605.
    This essay focuses on the purported duty—defended by Walter Benjamin but widely assumed in much political theory and practice—of the living to redeem the suffering of those who died as a consequence of oppression, exploitation, and political violence. I consider the cogency and ethical value of this duty from the perspective of a politics grounded in the equal life-value of human beings. For both metaphysical and ethical reasons I conclude that this duty does not obtain, first because the dead cannot (...)
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  • The Power to Bequeath.Robert Lamb - 2014 - Law and Philosophy 33 (5):629-654.
    What should happen to a property holding after the death of its owner? One conventional answer to this question is that the owner can legitimately designate the beneficiary of a posthumous transfer through a written will. Yet this aspect of property ownership has received little in the way of philosophical attention or moral justification. Philosophers tend either to accept bequest as a conventional feature of property ownership or reject its legitimacy on egalitarian grounds. Dissatisfied by both approaches, this paper: provides (...)
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  • The Invisible Hand from the Grave.Barry Lam - 2019 - Journal of Ethics and Social Philosophy 15 (3).
    The practice of giving the wealthy perpetual control of their assets is re-emerging in an era of great wealth inequality, long after it had been banned in common law countries. The philosophical justification for such control rests on the claim that there are posthumous rights to wealth, and that such rights do not extend in problematic way to other goods, such as political suffrage. On the basis of such a claim, we give people freedom of testation, and deem them vulnerable (...)
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  • Posthumous Repugnancy.Benjamin Kultgen - 2022 - Journal of Ethics and Social Philosophy 22 (3):317-337.
    I argue that the possibility of posthumous harm ought to be rejected. My argument centers on a kind of repugnancy case involving posthumous harm. Supposing the existence of posthumous harm, a person whose wellbeing was extremely high while she was alive could incur small posthumous harms over a long enough period such that it is true of that person that she had a life not worth living. I respond to various objections and in the end conclude that rejecting posthumous harm (...)
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  • Medical confidentiality: an intransigent and absolute obligation.M. H. Kottow - 1986 - Journal of Medical Ethics 12 (3):117-122.
    Clinicians' work depends on sincere and complete disclosures from their patients; they honour this candidness by confidentially safeguarding the information received. Breaching confidentiality causes harms that are not commensurable with the possible benefits gained. Limitations or exceptions put on confidentiality would destroy it, for the confider would become suspicious and un-co-operative, the confidant would become untrustworthy and the whole climate of the clinical encounter would suffer irreversible erosion. Excusing breaches of confidence on grounds of superior moral values introduces arbitrariness and (...)
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  • Without 'informed consent'? Ethics and ancient mummy research.I. M. Kaufmann & F. J. Ruhli - 2010 - Journal of Medical Ethics 36 (10):608-613.
    Ethical issues are of foremost importance in modern bio-medical science. Ethical guidelines and socio-cultural public awareness exist for modern samples, whereas for ancient mummy studies both are de facto lacking. This is particularly striking considering the fact that examinations are done without informed consent or that the investigations are invasive due to technological aspects and that it affects personality traits. The aim of this study is to show the pro and contra arguments of ancient mummy research from an ethical point (...)
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  • Dead and Gone.Joyce L. Jenkins - 2011 - Utilitas 23 (2):228-234.
    I argue that desire satisfaction theories of welfare are not committed to the view that changes in welfare levels can happen after death, or that events that occur after death impact the agent's welfare levels now. My argument is that events that occur after death have only epistemological import. They may reveal that the person was successful (unsuccessful) in life, but the desire was already frustrated or satisfied before the person died. The virtue of the account is that it gives (...)
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  • The privacy of tutankhamen – utilising the genetic information in stored tissue Samples.Søren Holm - 2001 - Theoretical Medicine and Bioethics 22 (5):437-449.
    Recent technical developments in genetictesting has led to a situation where the DNA inpreviously stored tissue samples can beextracted and used for genetic analysis. Thisraises the question of how to decide whether aspecific use of such samples should be allowed.Using the genetic testing of ancient DNA ingeneral, and the DNA of the pharaoh Tutankhamenin particular as examples this paper analysesthe question. It investigates whether ethicalframeworks based on proxy consent, culturalaffiliation, ownership, or the privacy rightsof the dead are appropriate and justifiable (...)
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  • Death, and Life.Dorothy L. Grover - 1987 - Canadian Journal of Philosophy 17 (4):711 - 732.
    Most of us, were we faced with a life threatening situation, would try to avoid it; we do not want to die. Yet Lucretius has argued that death can be ‘nothing to us,’ for when death has occurred we don't exist: we can't suffer something if we don't exist.If death can be a misfortune, what is the misfortune suffered, and who suffers it? The misfortune must be suffered by the person who dies, before death has occurred, otherwise – as Lucretius (...)
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  • Re-examining death: against a higher brain criterion.Josie Fisher - 1999 - Journal of Medical Ethics 25 (6):473-476.
    While there is increasing pressure on scarce health care resources, advances in medical science have blurred the boundary between life and death. Individuals can survive for decades without consciousness and individuals whose whole brains are dead can be supported for extended periods. One suggested response is to redefine death, justifying a higher brain criterion for death. This argument fails because it conflates two distinct notions about the demise of human beings--the one, biological and the other, ontological. Death is a biological (...)
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  • Does victimless damage exist?Mar Cabezas - 2020 - Les Ateliers de l'Éthique / the Ethics Forum 15 (1-2):39-66.
    This article aims to explore the concept of victimless damage. This refers to paradoxical cases where a perpetrator and a moral wrong can be easily identified, but where somehow the role of the victim as such can be questioned. In order to explore this concept, I will first offer a typology of cases that could be labelled under this umbrella concept—namely, cases of deceased victims, biotechnological or no-identity cases, and the ones related to lack of awareness due to epistemic injustice. (...)
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  • Epicurus, Death, and the Wrongness of Killing.Mikel Burley - 2010 - Inquiry: An Interdisciplinary Journal of Philosophy 53 (1):68-86.
    This article questions the assumption, held by several philosophers, that the Epicurean argument for death's being ?nothing to us? must be fallacious since its acceptance would undermine the principle that killing is (in general) wrong. Two possible strategies are considered, which the Epicurean-sympathizer might deploy in order to show that the non-badness of death (for the person who dies) is compatible with killing's being wrong. One of these is unsuccessful; the other is more promising. It involves arguing that the wrongness (...)
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  • Bodyworlds and the ethics of using human remains: A preliminary discussion.Y. Michael Barilan - 2006 - Bioethics 20 (5):233–247.
    ABSTRACT Accepting the claim that the living have some moral duties with regard to dead bodies, this paper explores those duties and how they bear on the popular travelling exhibition Bodyworlds. I argue that the concept of informed consent presupposes substantial duties to the dead, namely duties that reckon with the meaning of the act in question. An attitude of respect and not regarding human remains as mere raw material are non‐alienable substantial duties. I found the ethos of Bodyworlds premature (...)
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  • Posthumous Organ Retention and Use in Ghana: Regulating Individual, Familial and Societal Interests.Divine Ndonbi Banyubala - 2016 - Health Care Analysis 24 (4):301-320.
    The question of whether individuals retain interests or can be harmed after death is highly contentious, particularly within the context of deceased organ retrieval, retention and use. This paper argues that posthumous interests and/or harms can and do exist in the Konkomba traditional setting through the concept of ancestorship, a reputational concept of immense cultural and existential significance in this setting. I adopt Joel Feinberg’s account of harms as a setback to interests. The paper argues that a socio-culturally sensitive regulatory (...)
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  • Constitutionalizing the Harm Principle.Dennis J. Baker - 2008 - Criminal Justice Ethics 27 (2):3-28.
    In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so she (...)
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  • Death.Steven Luper - 2008 - Stanford Encyclopedia of Philosophy.
    First, what constitutes a person's death? It is clear enough that people die when their lives end, but less clear what constitutes the ending of a person's life.
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