This paper argues that competing ethical positions in the Terri Schiavo debate—calls to “err on the side of life” or to “err on the side of liberty”—aim to regulate life and not to defend its sanctity or freedom. Advancing analyses of the “biopolitics” of the case, I show how Terri Schiavo’s status as a speaking-being is an important question for both positions. Informed by feminist concerns about the marginalization and ventriloquization of voices, I argue that bioethicists should “lend (...) an ear” to the voices of Terri Schiavo. (shrink)

Humanity does not gradually progress from combat to combat until it arrives at universal reciprocity, where the rule of law finally replaces warfare; humanity installs each of its violences in a system of rules and thus proceeds from domination to domination. (Foucault, 1984, 85)In this essay, I take a note from Michel Foucault regarding the notion of biopolitics. For Foucault, biopolitics has both repressive and constitutive properties. Foucault's claim is that with the rise of modern government, the state became exceedingly (...) concerned about the body politic, the bodies that make up the polis, including the health of those bodies. However, Giorgio Agamben claims that Foucault and all western political philosophy misses the relationship between power and Sovereignty, with disastrous results and totalizing tendencies. I explore the case of Terri Schiavo claiming that the social conservatives have attempted to politicize bare life in its legal maneuverings, but I also show how the social liberals open an uncontrollable space between life and death. Both the left and the right miss the aporia at the heart of western political philosophy, and bioethics is complicit in the totalizing effects of contemporary medicine. (shrink)

Media coverage and statements by various Catholic spokespersons regarding the case of Terri Schiavo has generated enormous and deeply unfortunate confusion regarding Church teaching about the use of life-sustaining treatments. Two weeks ago, for example, I received a letter from the superior of a community of Missionary Sisters of Charity, who operate a hospice here in the United States The Missionary Sisters of Charity are the community founded by Mother Theresa, the 20th Century saint whose primary ministry was to (...) rescue dying Untouch-ables from the streets of Calcutta and bring them into her convent where they were washed, sheltered, fed if they were able to eat, prayed for, and cherished. In other words, the sisters gave these poor souls the gift of a death with dignity. The order Mother Theresa founded has continued this ministry, running hospices in the United States and elsewhere for the homeless, the destitute, those dying of AIDS and poverty and drug addiction, and all those dying alone and otherwise unwanted. (shrink)

In debates over life and death it is often said that one should err on the side of caution—that is, on the side of life. In light of the recent case of Terri Schiavo, it is explained how the “err-on-the-side-of-life” argument proceeds, and an objection to it is offered.

This article presents reflections on the Terri Schiavo starvation case: the public confusion about the facts of the case, the ethical and legal principles governing it, the modern philosophical trends that led to it, the failure of all three branches of government to properly address it, the authority of the Florida governor and the President to intervene to save Terri Schiavo, and how the case illustrated a gross and outrageous lack of political will.

The case of Terri Schiavo, a young woman who spent 15 years in a persistent vegetative state, has emerged as a watershed in debates over end-of-life care. While many observers had thought the right to refuse medical treatment was well established, this case split a family, divided a nation, and counfounded physicians, legislators, and many of the people they treated or represented. In renewing debates over the importance of advance directives, the appropriate role of artificial hydration and nutrition, and (...) the responsibilities of family members, the case also became one of history's most extensively litigated health care disputes. The Case of Terri Schiavo assembles a team of first-hand participants and content experts to provide thoughtful and nuanced analyses. In addition to a comprehensive overview, the book includes contributions by Ms. Schiavo's guardian ad litem, a neurologist and lawyer who participated in the case, and scholars who examine issues related to litigation, faith, gender, and disability. The volume also includes a powerful dissent from the views of many scholars in the bioethics community. The book is intended for students, health care professionals, policy makers, and other in search of carefully reasoned analyses of the case that will shape our view of death and end-of-life medical care for decades. (shrink)

Brad Mellon argues that persistent-vegetative-state cases, including the recent Terri Schiavo case, are ambiguous. By this he seems to mean that decisions about such cases are fraught with doubt and uncertainty and perhaps even that rational resolution of many such cases is impossible. Faced with such cases the most we can do is to live and cope with the ambiguity. I am more optimistic. With good will, and much clarification and discussion, rational agreement is possible in these cases, including (...) the Schiavo case. (shrink)

This essay reviews a range of issues arising from the complex case of Terri Schiavo and the lessons the case raises for bioethicists. It argues that embedded in the case is a broader controversy than is immediately evident, one involving the definitions by which bioethics judge cases of extreme physical and psychological limits, in its principled form of address. Further, it argues that bioethicists who assume the issues involved in the case are settled miss the point of the emotional (...) responses it has brought forth. (shrink)

While Agamben acknowledges the Arendtian and Foucaultian thesis of the modernity of biopower, he will claim that sovereignty and biopolitics are equally ancient and essentially intertwined in the originary gesture of all politics; sovereignty is the power to decide the state of exception whereby bare life or zoe is exposed "underneath" political life or bios. Agamben then finds in the concentration camp the modern biopolitical paradigm, in which the state of exception has become the rule and we have all become (...) [potentially] bearers of exposed bare life in that we are all subject to what I will call a "de-politicizing predication": to use the current American jargon, being named an "enemy combatant.". (shrink)

In the first part of this talk I show how some ideas in the new "4EA" branch of cognitive science (embodied, embedded, extended, enactive, affective), which gets away from the computer metaphor to talk about affective cognition as the direction of action of an organism, can be illuminated by Deleuze's ontology. Now that may sound ridiculous, as Deleuze's terminology is notoriously baroque – how could it ever "illuminate" anything? So I'm going to be using plain English translations of his concepts; (...) I think his concepts are too good, too useful, for his terminology to be such a barrier to entry. Then I'm going to use this mixture of Deleuze and 4EA ideas to examine a case study which has, besides its metaphysical and psychological implications, some ethical, political, and legal ones as well. So to deal with them we'll deal just a bit with Agamben and Foucault. (shrink)

Gathers medical and legal documents, opinions from various perspectives, and a timeline of events in the Terri Shiavo case to provide a resource for examining the moral and ethical issues surrounding end-of-life decisions.

The controversial case of Terri Schiavo came to a close on March 31, 2005, with her death following the removal of a percutaneous endoscopic gastrostomy tube. This event followed years of controversy and social upheaval. Voices from across the entire political and cultural spectrums filled the airwaves and op-ed pages of major newspapers. Protests ensued outside of Ms. Schiavo’s care facility. Ms. Schiavo’s parents published videos of their daughter on the internet in an effort to prove that she was (...) not in a vegetative state and could potentially recover. There is a certain mystery to the entire controversy given the fact that, legally, it was largely a matter of settled law. Precedent cases and legal statutes clearly set out the proper procedures and decisions to be followed in this case. Nonetheless, powerful challenges and virulent opposition to these standards arose. Through an investigation of this case as well as a comparative study of the case of Dax Cowart (in particular, the documentary depictions of Dax Cowart’s case) and of a photograph by Joel-Peter Witkin, I plan to investigate the source of these social upheavals and hypothesize that they were largely the result of a phenomenological reaction to the human face. (shrink)

Disorders of consciousness and the permanent vegetative state -- Legal and political wrangling over Terri's life -- In context--law and ethics -- Terri's wishes -- The limits of evidence -- The implications of surrogacy -- Qualities of life -- Feeding -- The preservation of life -- Respect and care : an alternative framework.

The Terri Schiavo case, the latest high-profile “right-to-die” case in the United States, whose denouement saturated the US mediasphere at the end of March 2005, is a particularly complex problem in the Deleuzean sense. Its solution, which took more than 15 years, actualized lines from legal, medical, biological, political … multiplicities. The ellipses indicate the impossibility of completely delimiting the forces at work in any case (the virtual as endless differentiation) just as it indicates the necessity of cutting through (...) them in making any one solution work (actualization as differenciation). Thus that actualization, a creative resolution of the problem, brought some aspects of the virtual into distinctness, while others faded into momentary obscurity.1 The elements functioning most intensely in the Schiavo case cut across the fields of right, medical discipline and biopower, hence at the intersection of sexuality and racism, as Foucault explains.2 The turn to a liberal notion of the right to privacy as the right to die is never simple, for we remain trapped at the intersection of discipline and biopower if we ground that right in sovereign rights of personal autonomy and bodily integrity. The challenge to a Deleuzean jurisprudence is to creatively transform that right to show its basis in de-personalization. In other words, only in an extraordinary, ethical, situation, living along the fault line.. (shrink)

Right to die legal cases in the United States have evolved over the last 25 years, beginning with the Karen Quinlan case in 1975. Different substantive and procedural issues have been raised in these cases, and society's thinking has changed as a result of the far more complex legal issues that appear today as opposed to the simplistic views raised in early landmark cases. Many of the early cases involved patients in a vegetative state, but more recently patients who were (...) in a minimally conscious state have been the center of attention. Early cases involved the withdrawal of respirators and other sophisticated technology, but later cases centered on the withdrawal of artificial nutrition and hydration, and even whether it was permissible for competent patients to stop eating and drinking in a normal manner. Initial cases pitted families who argued for withdrawal of treatment, usually against the attending physicians and hospitals and/or the state or federal government, who argued for continuation of treatment. (shrink)

Right to die legal cases in the United States have evolved over the last 25 years, beginning with the Karen Quinlan case in 1975. Different substantive and procedural issues have been raised in these cases, and society's thinking has changed as a result of the far more complex legal issues that appear today as opposed to the simplistic views raised in early landmark cases. Many of the early cases involved patients in a vegetative state, but more recently patients who were (...) in a minimally conscious state have been the center of attention. Early cases involved the withdrawal of respirators and other sophisticated technology, but later cases centered on the withdrawal of artificial nutrition and hydration, and even whether it was permissible for competent patients to stop eating and drinking in a normal manner. Initial cases pitted families who argued for withdrawal of treatment, usually against the attending physicians and hospitals and/or the state or federal government, who argued for continuation of treatment. (shrink)

In Oregon, doctors are allowed to kill patients who are terminal and want to die. In Vermont, they're debating whether to do that. And in Holland, they not only allow euthanasia, but also at least two doctors there are killing babies born with catastrophic illness.

At Theresa Schiavo's bedside : a guardian's role and reflections.

In this essay, I take up the question of the time of medicine in relation to two events in the U.S. from 2005—the Terri Schiavo case and Hurricane Katrina and its aftermath. I consider both cases as “mediatized medical events,” that is, as events in which the practices of medicine received considerable media attention at a particular historical moment; or, we might say, as events that brought a convergence between media and medical practices. I juxtapose these two events because, (...) placed side by side, they help make visible two stories of catastrophe, as well as the many difficulties of telling stories of catastrophe. Bringing together these seemingly divergent events allows me to draw connections that I hope will expand our bioethical imaginary beyond the reductive approaches that tend to dominate the practice of bioethics today. I also juxtapose them to signal a bioethical tension at the heart of the neoliberal state’s response to catastrophe in general, what Foucault might have diagnosed as the difference between making live and letting die. In these two events, we glimpsed—if only fleetingly—the state’s operation of making live and letting die, and medicine’s central role in that operation, as well as the re-assertion of medical sovereignty in crisis events. (shrink)

To aid neuroscientists in determining the ethical limits of their work and its applications, neuroethical problems need to be identified, catalogued, and analyzed from the standpoint of an ethical framework. Many hospitals have already established either autonomy or welfare-centered theories as their adopted ethical framework. Unfortunately, the choice of an ethical framework resists resolution: each of these two moral theories claims priority at the exclusion of the other, but for patients with neurological pathologies, concerns about the patient’s welfare are treated (...) as meaningless without consideration of the patient’s expressed wishes, and vice versa. Ethicists have long fought over whether suffering or autonomy should be our primary concern, but in neuroethics a resolution of this question is essential to determine the treatment of patients in medical and legal limbo. I propose a solution to this problem in the form of ethical dualism. This is a conservative measure in that it retains both sides of the debate: both happiness and autonomy have intrinsic value. However, this move is often met with resistance because of its more complex nature—it is more difficult to make a decision when there are two parallel sets of values that must be considered than when there is just one such set. The monist theories, though, do not provide enough explanatory power: namely, I will present two recently publicized cases where it is clear that neither ethical value on its own (neither welfare nor autonomy) can fully account for how a vegetative patient should be treated. From the neuroethical cases of Terri Schiavo and Lauren Richardson, I will argue that a dualist framework is superior to its monist predecessors, and I will describe the main features of such an account. (shrink)

Introduction -- A concept of bodies politic -- Above, below, and alongside the subject -- Bodies politic -- Bodies politic as organisms -- The organism in Aristotle and Kant -- The anorganic body in Deleuze and Guattari -- Love, rage, and fear -- Terri Schiavo : the somatic body politic -- The Columbine High School massacre : the transverse body politic -- Hurricane Katrina : the governmental body politic -- Conclusion.

In this original and compelling book, Jeffrey P. Bishop, a philosopher, ethicist, and physician, argues that something has gone sadly amiss in the care of the dying by contemporary medicine and in our social and political views of death, as shaped by our scientific successes and ongoing debates about euthanasia and the "right to die"--or to live. __The Anticipatory Corpse: Medicine, Power, and the Care of the Dying__, informed by Foucault's genealogy of medicine and power as well as by a (...) thorough grasp of current medical practices and medical ethics, argues that a view of people as machines in motion--people as, in effect, temporarily animated corpses with interchangeable parts--has become epistemologically normative for medicine. The dead body is subtly anticipated in our practices of exercising control over the suffering person, whether through technological mastery in the intensive care unit or through the impersonal, quasi-scientific assessments of psychological and spiritual "medicine." The result is a kind of nihilistic attitude toward the dying, and troubling contradictions and absurdities in our practices. Wide-ranging in its examples, from organ donation rules in the United States, to ICU medicine, to "spiritual surveys," to presidential bioethics commissions attempting to define death, and to high-profile cases such as Terri Schiavo's, __The Anticipatory Corpse__ explores the historical, political, and philosophical underpinnings of our care of the dying and, finally, the possibilities of change. A ground-breaking work in bioethics, this book will provoke thought and argument for all those engaged in medicine, philosophy, theology, and health policy. "With extraordinary philosophical sophistication as well as knowledge of modern medicine, Bishop argues that the body that shapes the work of modern medicine is a dead body. He defends this claim decisively with with urgency. I know of no book that is at once more challenging and informative as __The Anticipatory Corpse. __To say this book is the most important one written in the philosophy of medicine in the last twenty-five years would not do it justice. This book is destined to change the way we think and, hopefully, practice medicine." --_Stanley Hauerwas, Duke Divinity School _ "Jeffrey Bishop carefully builds a detailed, scholarly case that medicine is shaped by its attitudes toward death. Clinicians, ethicists, medical educators, policy makers, and administrators need to understand the fraught relationship between clinical practices and death, and __The Anticipatory Corpse __is an essential text. Bishop's use of the writings of Michel Foucault is especially provocative and significant. This book is the closest we have to a genealogy of death." --_Arthur W. Frank, University of Calgary _ "Jeffrey Bishop has produced a masterful study of how the living body has been placed within medicine's metaphysics of efficient causality and within its commitment to a totalizing control of life and death, which control has only been strengthened by medicine's taking on the mantle of a bio-psycho-socio-spiritual model. This volume's treatment of medicine's care of the dying will surely be recognized as a cardinal text in the philosophy of medicine." --_H. Tristram Engelhardt, Jr., Rice University, Baylor College of Medicine_. (shrink)

Using a philosophical framework that is informed by neuroscience as well as contemporary legal cases such as Terri Schiavo, this text offers readers an introduction to this topic. It looks at the ethical implications of our knowledge of the brain and medical treatments for neurological diseases.

Ethical leadership matters in the context of organizational change due to the need for followers to trust the integrity of their leaders. Yet, there have been no studies investigating ethical leadership and organizational change. To fill this gap, we introduce a model of the moderating role of involvement in change. Organizational change and involvement in change are proposed as context-level moderators in the relationships of ethical leadership and work-related attitudes and performance. We employ a sample of 199 supervisor–subordinate pairs from (...) a wide variety of organizations. Results support a three-way interaction (ethical leadership, organizational change, and involvement in change) for performance and OCBs. Our results have important implications for organizational change since ethical leadership appears to complement follower involvement when change is happening. (shrink)

Il dibattito bioetico sulla regolamentazione delle decisioni di fine vita riceve per lo piů impulso da casi individuali che vengono portati all'attenzione dell'opinione pubblica. Il ruolo che hanno avuto per gli Stati Uniti le vicende biografiche di Nancy Cruzan e di Terry Schiavo č stato svolto in Italia da Piergiorgio Welby ed Eluana Englaro. Le vicende giudiziarie hanno trovato difficoltÀ a essere decise perché la legge si č rivelata inadeguata ad attribuire significati univoci a concetti come ‘accanimento terapeutico' e ‘trattamenti (...) futili'. Il dibattito č stato ulteriormente complicato dall'uso di immagini e da emozioni. La ricerca di una legge condivisa ha trovato in Italia un ostacolo nella contrapposizione di atteggiamenti irriducibili. Il condizionamento piů negativo sembra essere l'intento di fare una legge ‘contro' una delle posizioni ideologiche in gioco. (shrink)