Background: Brain-dead humans retain many of the physiologic functions of living humans, but they are legally dead and cannot be physically harmed by participation in research. Stakeholder opinions...

A useful concept that can be invoked to resolve complex bioethical issues is that of moral status (or, human dignity). In this article, we apply this concept to dead human bodies in order to support our view that research on such bodies is permissible. Instead of drawing from salient Western theories of human dignity that account for it by appeals to autonomy or rationality, we will base our investigation on emerging conceptions in African theories of moral (...) status as articulated by Thaddeus Metz and Munamato Chemhuru. Our conclusion is that neither of these theories of moral status, one secular, and the other religious, can accommodate the intuition that we have direct duties of respect towards such bodies because, in relation to Metz's conception, they lack the capacity to enter into social relationships while on Chemhuru's conception, dead bodies appear not to have any meaningful purpose within the hierarchy that captures the ontological systems that determine such status. Consequently, we argue that our analysis provides support for the use of unclaimed cadavers in training and research in medical institutions. (shrink)

A useful concept that can be invoked to resolve complex bioethical issues is that of moral status (or, human dignity). In this article, we apply this concept to dead human bodies in order to support our view that research on such bodies is permissible. Instead of drawing from salient Western theories of human dignity that account for it by appeals to autonomy or rationality, we will base our investigation on emerging conceptions in African theories of moral (...) status as articulated by Thaddeus Metz and Munamato Chemhuru. Our conclusion is that neither of these theories of moral status, one secular, and the other religious, can accommodate the intuition that we have direct duties of respect towards such bodies because, in relation to Metz's conception, they lack the capacity to enter into social relationships while on Chemhuru's conception, dead bodies appear not to have any meaningful purpose within the hierarchy that captures the ontological systems that determine such status. Consequently, we argue that our analysis provides support for the use of unclaimed cadavers in training and research in medical institutions. (shrink)

A useful concept that can be invoked to resolve complex bioethical issues is that of moral status (or, human dignity). In this article, we apply this concept to dead human bodies in order to support our view that research on such bodies is permissible. Instead of drawing from salient Western theories of human dignity that account for it by appeals to autonomy or rationality, we will base our investigation on emerging conceptions in African theories of moral (...) status as articulated by Thaddeus Metz and Munamato Chemhuru. Our conclusion is that neither of these theories of moral status, one secular, and the other religious, can accommodate the intuition that we have direct duties of respect towards such bodies because, in relation to Metz's conception, they lack the capacity to enter into social relationships while on Chemhuru's conception, dead bodies appear not to have any meaningful purpose within the hierarchy that captures the ontological systems that determine such status. Consequently, we argue that our analysis provides support for the use of unclaimed cadavers in training and research in medical institutions. (shrink)

In I'd Rather Be Dead Than Be a Girl, John Marcus Sweeney explains a threefold thesis of a study that language influences how human beings perceive reality, that the development of theoretical constructs can help explain resistances to and possibilities for inclusive language, and that the implementation of inclusive language is an important goal for religious education." "The study begins with a description of the problem to be considered, that is, the role of sexist language in perpetuating sexual (...) discrimination. Beginning in the third chapter, insights from Alfred North Whitehead's philosophy of organism, Benjamin Lee Whorf's principle of linguistic relativity, and Jean Piaget's genetic epistemology are used to investigate the stubbornness of sexist linguistic habits and the bases for developing inclusive linguistic habits. Finally, inclusive language is shown to be important for religious education, and some strategies for implementing inclusive language are presented."--Jacket. (shrink)

This essay concerns what it means to historicize evil in an ethically responsible way: that is, what it means to think and narrate perpetrators and victims of evil through what is testified to and told about them. I show that a responsible gaze can only be recognized by allowing ourselves to be addressed by the dead victims. The argument consists in an existential critique of a set of common ideas in the human sciences, which suggest that we must (...) attempt to empathize with the perpetrators in order to understand their deeds in human terms. This empathetic thought, I suggest, easily leads us either to aestheticize the victims or to think that the evils in our history should be addressed as a metaphysical susceptibility to evil internal to being human. By critically discussing these ideas, I show that empathy for the perpetrators in several respects does injustice to the dead victims, which marks that we as their afterlife continue to have an irresponsible relationship with the dead. (shrink)

In Classical Individualism , Tibor R. Machan argues that individualism is far from being dead. Machan identifies, develops and defends what he calls classical individualism - an individualism humanised by classical philosophy, rooted in Aristotle rather than Hobbes. This book does not reject the social nature of human beings, but finds that every one has a self-directed agent who is responsible for what he or she does. Machan rejects all types of collectivism, including communitarianism, ethnic solidarity, racial (...) unity, and gender identity. The ideas expressed here have important social and political implications, and will be of interest to anyone concerned with the notion of individuality and individual responsibility. (shrink)

Citation: Christodoulou, Marina. “‘To be dead is an unthinkable anomaly’ Reversed Necropolitics and the Death Imaginary.” Lo Sguardo - rivista di filosofia N. 23, 2017 (I) - Reinventare il reale. Jean Baudrillard (2007-2017) a cura di Eleonora de Conciliis, Enrico Schirò, Daniela Angelucci, pp. 127-137. Articolo sottoposto a peer review. Ricevuto il 14/10/2016. Accettato il 12/01/2017. ISSN: 2036-6558 -/- --------- -/- The concept or the theory of Death in the thought of Jean Baudrillard is not given the particular attention (...) it needs. When one speaks of the thought of Baudrillard, one rarely will mention ‘death’ as one of the keywords of his corpus. I think, though, that it deserves such a key place, for three reasons. Firstly, because the theme of Death is a gargantuan concept in the history of Philosophy and it even emerges with the definition of Philosophy itself, since, at least, Plato. Every philosopher, more or less is preoccupied with it, as an archetypical necessity of both human culture and of philosophy in particular. It is always interesting to see how each philosopher or each person thinks on it, as their thoughts on Death are a departure point and an indication of their whole philosophical system or, for non-philosophers, of their whole way of life. Secondly, it is important to examine this theme in Baudrillard because it inseparably interconnects, explains, and is explained by all the other, key, and the less prominent themes in his philosophy. Baudrillard’s thinking might take new dimensions when viewed through his thoughts on Death. Finally, Baudrillard is considered a difficult thinker, because, unlike other philosophers, he grasps themes which people are used to seeing as the pre-occupation or within the realm of fiction, even science-fiction. I would like to show, using simple language, that his philosophy, especially surrounding the subject of Death, is completely naked of any metaphysical, romanticised, fantastic, or fiction-like properties; it is realistic and political. (shrink)

Philosophy, Socrates declared, is the art of dying. This book underscores that it is also the art of learning to live and share the earth with those who have come before us. Burial, with its surrounding rituals, is the most ancient documented cultural-symbolic practice: all humans have developed techniques of caring for and communicating with the dead. The premise of Being with the Dead is that we can explore our lives with the dead as a cross-cultural (...) existential a priori out of which the basic forms of historical consciousness emerge. Care for the dead is not just about the symbolic handling of mortal remains; it also points to a necropolitics, the social bond between the dead and living that holds societies together—a shared space or polis where the dead are maintained among the living. Moving from mortuary rituals to literary representations, from the problem of ancestrality to technologies of survival and intergenerational communication, Hans Ruin explores the epistemological, ethical, and ontological dimensions of what it means to be with the dead. His phenomenological approach to key sources in a range of fields gives us a new perspective on the human sciences as a whole. (shrink)

Parkinson, Joseph Can a dead person conceive a child? Even if it is technically possible, should it be permitted? The legal system seems to have reached a position on this matter without obvious ethical reflection. Noting that a child should be able to know and relate to his or her parents, this article argues that a person's capacity to contribute to the conception of new life should cease with that person's death.

The undead have been evoked in philosophical hypotheses regarding consciousness, but such discussions often come across as abstract academic exercises, inapplicable to personal experience. Movie zombies illuminate these somewhat opaque philosophical debates via storytelling devices – narrative, characterization, dialogue and so forth – which approach experience and consciousness in an instinctively accessible manner. This chapter focuses on a particular strand of the subgenre: transition narratives, in which human protagonists gradually turn into zombies. Transition stories typically centralize social relationships; affiliations (...) and interactions with other beings that give her (human) life meaning. These narratives routinely posit that consciousness and sociosexuality are intertwined aspects of experience that distinguish human from zombie, foregrounding a core romantic coupling and charting its decline as the protagonist transforms into a flesh-eating monster. These notions are explored via an indicative case study: Pretty Dead (2013). The film brings two views on the self – intuitive and empirical – into direct conflict, questioning their compatibility. The protagonist’s sociosexual decline is employed to illustrate that a) there is a troubling disjuncture between rationalist-theoretical conceptions of selfhood and selfhood as it is experienced in the real, social realm, and b) there is a natural bridge between personal, introspective self-knowledge and external social selfhood. By depicting a form of selfhood that defies rationalist logic (zom-being), transitional zombie films not only animate philosophical debates about consciousness, but also challenge their viewers to develop new conceptual (theoretical and imaginative) vocabularies via which to describe and engage with both selfhood and sociosexuality. (shrink)

Despite being assailed for decades by disability activists and disability studies scholars spanning the humanities and social sciences, the medical model of disability—which conceptualizes disability as an individual tragedy or misfortune due to genetic or environmental insult—still today structures many cases of patient–practitioner communication. Synthesizing and recasting work done across critical disability studies and philosophy of disability, I argue that the reason the medical model of disability remains so gallingly entrenched is due to what I call the “ableist conflation” (...) of disability with pain and suffering. In an effort to better equip healthcare practitioners and those invested in health communication to challenge disability stigma, discrimination, and oppression, I lay out the logic of the ableist conflation and interrogate examples of its use. I argue that insofar as the semiosis of pain and suffering is structured by the lived experience of unwelcome bodily transition or variation, experiences of pain inform the ableist conflation by preemptively tying such variability and its attendant disequilibrium to disability. I conclude by discussing how philosophy of disability and critical disability studies might better inform health communication concerning disability, offering a number of conceptual distinctions toward that end. (shrink)

Venerable tradition allies the Torah with Wisdom, a “tree of life.”2 The tree of life is an ancient mythic symbol of the earth mother. This essay demonstrates the capacity of the Torah to facilitate a reintegrative return to the mother when, as now, the religious narratives falter that once seemed to ensure the unity of man made in the image of God conceived only as the Father. Participating in the process of this return one discovers beneath the Torah's fractured narrative (...) surface a reduplicative pattern based on the logic of the unconscious, which is founded on the repressed prelinguistic bond with all life formed at the maternal breast. This pattern reflects the recombinant properties that the unconscious shares with the earth, which breaks down and regenerates dead matter as the unconscious breaks down and regenerates the meaning of words. Folded into rhetorical tropes as into a single letter, the Torah's regenerative pattern repeatedly recalls to man what it means to be human, unique among but also one with all the diverse life of the earth. (shrink)

The book is about three things. First, how Ancient thinkers perceived humans as like or unlike other animals; second about the justification for taking a humane attitude towards natural things; and third about how moral claims count as true, and how they can be discovered or acquired. Was Aristotle was right to see continuity in the psychological functions of animal and human souls? The question cannot be settled without taking a moral stance. As we can either focus on continuity (...) or on discontinuities, how should natural science draw the boundaries? Moral agents act and react in a world that they see under a certain description, and there is no value free science that can settle what is the correct description. This book asks us to think about where moral justification could come from, and suggests that the supposed ‘moral status’ of the object cannot provide the answer. For the moral status of the object is a product of our own imagination, and once we see that, we also see that there remains the question where we ought to have the will to see it. Furthermore, since the perception of moral truth involves the development of imagination and will, the means to attain it will be better served by engagement with poetry and literature than with enquiries that seek to exclude the engagement of the imagination, or any appeal to the beauty of nature or the love of one's fellow creatures. (shrink)

The concept of the resurrection of the body (or of the dead) is most easily explained by laying out the ways in which it differs from the most important competing picture of the survival of death, the Platonic picture. It can be plausibly argued that the doctrine of the resurrection of the dead presupposes some form of dualism. The resurrection life, as the post‐resurrection stories of Jesus show, is a physical life, the life of an organism. A belief (...) in a general resurrection of the dead is one of many Judeo‐Christian elements that have been incorporated into Islam. Some who accept the doctrine of resurrection deny the existence of a separable, immaterial soul. Those human beings who refuse salvation will, after the general resurrection, be thrust into a condition that the New Testament describes by a mixture of three images: exclusion, pain, and refuse. (shrink)

Many prescriptions offered in the literature for enhancing creativity and innovation in organizations raise ethical concerns, yet creativity researchers rarely discuss ethics. We identify four categories of behavior proffered as a means for fostering creativity that raise serious ethical issues: breaking rules and standard operating procedures; challenging authority and avoiding tradition; creating conflict, competition and stress; and taking risks. We discuss each category, briefly identifying research supporting these prescriptions for fostering creativity and then we delve into ethical issues associated with (...) engaging in the prescribed behavior. These four rubrics illustrate ethical issues that need to be incorporated into the creativity and innovation literature. Recommendations for how organizations can respond to the ethical issues are offered based on practices of exemplary organizations and theories of organizational ethics. A research agenda for empirically investigating the ethical impact these four categories of behavior have on organizations concludes the article. (shrink)

Schimmel, a practicing psychologist, maintains that psychologists and psychotherapists must incorporate many of the ethical and spiritual values of religion and moral philosophy if they are effectively to address the emotional problems faced by modern men and women. The book draws on the psychological insights provided by the Hebrew Bible, the Gospels, Aristotle, Maimonides, Aquinas and others to show what we can learn from their teachings about the relationship between virtue and psychological well-being and vice and emotional distress.

In recent years, a number of news stories were reported worldwide involving brain-dead pregnant women. Debates over providing life support to braindead pregnant women and delivery of their children have been around for some decades. Maintaining a woman’s life solely for fetal viability has become a major controversial social issue. Opposing opinions exist where one side supports the woman and her child should be left to die in dignity and the other side claims to protect the unborn child’s right (...) to live. Each group has strong beliefs. This paper addresses main aspects when considering the continuation of somatic support to the brain-dead pregnant woman for the purpose of fetus delivery including; human death, dignity of the woman, rights of the fetus, proportionality of acts, and the woman’s donor status, and independence of mother and fetus. Then, the authors present several diverse opinions and positions concerning the legitimacy of life support for brain-dead women based on them and critically evaluate them. We show that each and every claim can be ethically refuted. This paper also approaches to those claims from three different points of views, which are that of the brain-dead woman, her fetus and her family. We believe that the brain-dead woman’s wish and dignity, the child’s predicted wellbeing after birth, and the family’s beliefs and welfare should all be counted equally when making the final decision. In conclusion, we argue that the decision can be ethically justified only when the interests of all parties are appropriately taken into consideration and protected. (shrink)

This book shifted the Japanese debate on brain death from "brain-centered analysis" to "human relationship oriented analysis." I defined that brain death means a form of human relationships between a comatose patient and the people surrounding him/her in the ICU. I paid special attention to the emotional aspect and the inner reality of the family members of a brain dead person, because sometimes the family members at the bedside, touching the warm body of the patient, express the (...) feeling that the brain dead person still continues to exist as a living human being. This approach, published more than 10 years ago, has deeply influenced Japanese bioethics, and would probably influence English bioethics, too. Chapter 1 deals with "brain death as a form of human relationships" theory. Published in 1989. (shrink)

Much of modern moral philosophy argued that there are is's in this world, and there are oughts, but that the two are entirely independent of one another. What this meant was that morality had nothing to do with man's biological nature, and could not be derived from it. Any such attempt was considered to be a categorical mistake, and plain foolish. Most philosophers still believe this, but a growing group of neonaturalist thinkers are now challenging their assumptions. Here I consider (...) the latest work of one of them, Patricia Churchland, on what neurobiology teaches us about morality, and ask whether her challenge means that the naturalistic fallacy, as it is known, should be laid to rest. I argue that while there may be no such thing as a human trait divorced from human biology, this does not necessarily mean that our natures produce constraints that are relevant to specific moral dilemmas. (shrink)

Polanyi is widely known for his development of personal knowledge, but he was also keenly inter­ested in what can be called, personal existence. The historical backdrop of reviving, the once dead language of, Egyptian Hieroglyphics provides valuable insights into Polanyi’s critique of objectiv­ism and deciphering a human ontology. From applying physiognostic to telegnostic information to understanding static and dynamic meaning, Polanyi’s philosophy of language and machines provides a wealth of vantage points from which to study who and what (...) we are. (shrink)

The aim of this paper is to refute the hypothesis that the observer’s consciousness is necessary in the quantum mechanics measurement process. In order to achieve our target, we propose and investigate a variation of the Schrödinger’s cat thought experiment called “DAP”, short for “Dead-Alive Physicist”, in which a human being replaces the cat. This strategy enables us to logically disprove the consistency of the above hypothesis, and to oblige its supporters either to be trapped in solipsism (...) or to rely on an alternative interpretation of quantum mechanics in which the conscious observer plays the sole role of acknowledging the experimental results. Our analysis hence provides support to clarify the relationship between the observer and the objects of her/his experimental observation; this and a few other implications are discussed in the fourth section and in the conclusions. (shrink)

Part of the appeal of the biological approach to personal identity is that it does not have to countenance spatially coincident entities. But if the termination thesis is correct and the organism ceases to exist at death, then it appears that the corpse is a dead body that earlier was a living body and distinct from but spatially coincident with the organism. If the organism is identified with the body, then the unwelcome spatial coincidence could perhaps be avoided. It (...) is argued that such an identification would be a mistake. A living organism has a different part/whole relationship and persistence conditions than the alleged body. A case will be made that the concept ‘human body’ is a conceptual mess, vague in an unprincipled manner, and that an eliminativist stance towards dead bodies is the appropriate response. CiteULike Connotea Del.icio.us What's this? (shrink)

Bringing together diverse theoretical and empirical contributions from the fields of social and cognitive psychology, philosophy, and science education, this volume explores representational pluralism as a phenomenon characteristic of human cognition. Building on these disciplines' shared interest in understanding human thought, perception, and conceptual change, the volume illustrates how representational plurality can be conducive to research and practice in varied fields. Particular care is taken to emphasize points of convergence and the value of sharing discourses, models, justifications, and (...) theories of pluralism across disciplines. The editors give ample space for philosophers, cognitive scientists and educators to explicate the history and current status of representational pluralism in their own disciplines. Using multiple forms of research from the relational perspective, this volume will be of interest to students, scholars and researchers with an interest in cognitive psychology, as well as educational psychology and philosophy of science. (shrink)

This paper explores the possibility for a means of bringing about novelty which does not rely on kairological philosophies based on an event. In contrast to both common sense and contemporary philosophical understandings of the term where for novelty to arise there must be some break in the repetition of the structure, this paper argues that it is possible for novelty to come about through small-scale experimentation. This is done by relying on the philosophical notion of ‘economy’ in order to (...) understand how we think about the world. In this regard, our thinking about the world depends upon acknowledging certain possibilities at the expense of others. History can then be seen as the distribution of emphasis which allows for these past possibilities and the future potentiality they may hold. Novelty, defined here as a rereading of history, is precisely the disruption of these possibilities and a challenge to the memory of the system. The conclusion to this paper argues that experimentation is an important means by which we can bring novelty into the world. (shrink)

In this article I explore the possibilities of experimentation as a non-foundational praxis for introducing novel ways of being into existence. Beginning with a discussion, following Bataille, of the excess of any thought, I argue that any action in the world is necessarily uncertain. Using the insights of Derridean deconstruction combined with Badiousian truth procedure I argue that experimentation offers a means for acting from this uncertain position. Experimentation takes advantage of the play and uncertainty of our understanding of (...) the world as a means of moving towards more progressive political positions. Normal 0 false false false EN-IE X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-fareast-language:EN-US;}. (shrink)

Some tradition historical perspectives on Psalm 83 Psalm 83 forms a poetical unit and is the well constructed poem of an artist. It could be divided into two stanzas which contains a cry for help (2), lament (3-9) and several petitions (10-19). This work reflects different tradition historical allusions. The use of prophetic language is immanent, while the faces of the prophets Isaiah, Jeremiah and Ezekiel are elusively present. Two episodes from the history of the Judges (Judges 4-5; 7-8) are (...) utilised to expose its independent function in this psalm. The occurence of a well known Canaanite tradition is further obvious, while the question into the psalm's apocalyptic relationships is negatively assessed. Single motives like the upliftment of the head (3) and the shepherd/flock image (13) fulfil a definite Junction within the psalm’s context. The poet clearly applied historical traditions, motives and images to express an independent function within its context. (shrink)

Background: The Multidimensional Inventory for Religious/Spiritual Well-Being was developed in order to address a religious/spiritual dimension as being an important part of psychological well-being. In the meantime, the instrument has been successfully applied in numerous studies. Subsequently, a short version, the MI-RSWB 12 was constructed, especially for the use in clinical assessment. Here it is intended to contribute to the further development of the MI-RSWB 12 by investigating its structural validity through structural equation modeling.Materials and Methods: A (...) total sample of 1,097 German-speaking adults from the normal population filled in the MI-RSWB 12 via an online-survey. In line with theoretical assumptions 5 different factor structure models for the MI-RSWB 12 were tested: a single-factor model, a model with four correlated RSWB dimensions, a single higher-order model with four lower order factors, a two higher-order model with four lower order factors, a bifactor model, which includes four specific RSWB dimensions.Results: The single-factor model provided the poorest model fit, with no indices falling within the acceptable range. The four-factor, two higher-order factors and the bifactor models showed overall acceptable fit indices. With regard to the Akaike information criterion, the four-factor model demonstrated superiority compared to both the two higher-order factor model and the bifactor model, which in turn showed did not differ from each other.Conclusion: Four different MI-RSWB 12 sub-scales should be calculated in future studies, while a general factor and two higher order factors are statistically valid as well. Further applications of the MI-RSWB 12, especially in the clinical patient groups, are encouraged. (shrink)

The question of what it means to be human has never before been more difficult and more contested. The human, with a complicated social history that his rarely been examined, remains entrenched in traditional Enlightenment thinking. Human, All Too Human considers how we might radicalize our notion of the human. Can the human be thought outside humanism? Any rethinking of the human places us immediately inside an ever-widening field of contrasting labels: animate and (...) inanimate, natural and artificial, living and dead, organic and mechanistic. These and other boundary confusions at the frontier of the human are the subject of this volume, as each essay takes up one of three disputed border identities: animals, things or children. Human, All Too Human examines how we explain our interest in anthropomorphism and our fascination with species categorizations. Essays explore what we mean by "things" and how the integrity of the human may already be compromised by them. The nine essays in this volume all attempt to rethink the category of the human, challenging some of our most cherished cultural classifications. By inviting us to place the traditions subject of knowledge in the unsettling position of object, these writers interrogate the boundary distinctions that, until now, have exempted the human from the vigilant analysis it so urgently requires. Contributors: Nancy Armstrong, Rey Chow, Drucilla Cornell, Diana Fuss, Marjorie Garber, Barbara Johnson, Cora Kaplan, James Kincaid, Harriet Ritvo, David Willis. (shrink)

The exponential digitization of medical data has led to a transformation of the practice of medicine. This change notably raises a new complexity of issues surrounding health IT. The proper use of these communication tools, such as telemedicine, e-health, m-health the big medical data, should improve the quality of monitoring and care of patients for an information system to "human face". Faced with these challenges, the author analyses in an ethical angle the patient-physician relationship, sharing, transmission and storage of (...) medical information, setting pins to an ethic for the digitization of medical information. Drawing on good practice recommendations closely associated with values, this model is developing tools for reflection and present the keys to understanding the decision-making issues that reflect both the technological constraints and the complex nature of human reality in medicine. (shrink)

Bénédicte Boisseron investigates the relationship between race and the animal in the history and culture of the Americas and the black Atlantic, exposing a hegemonic system that compulsively links and opposes blackness and animality to measure the value of life.

On a tous entendu parler de la théorie cartésienne de l'animal-machine. On sait moins que cette théorie a largement riposté à la bienveillance envers l'animal préconisée par certains penseurs de la Renaissance, Montaigne en particulier. L'intérêt de Montaigne pour l'animal est philosophique : il conteste l'arrogance de l'homme à s'estimer maître de la nature, et opère un renversement de perspectives. Il invente une pensée de l'animal regardant l'homme. A une vision verticale, Montaigne substitue une relation horizontale entre les hommes et (...) les bêtes, faite de solidarités réciproques. Les animaux ne rappellent-ils pas aux hommes le respect de la nature? La réflexion de Montaigne le conduit encore à réhabiliter le rôle de la sensibilité dans la compréhension du monde. Ne serait-ce que pour cette raison, les Essais méritaient bien un nouveau regard. (shrink)

According to the biological definition of death, a human body that has not lost the capacity to holistically organize itself is the body of a living human individual. Reasonable doubt against the conclusion that it has lost the capacity exists when the body appears to express it and no evidence to the contrary is sufficient to rule out reasonable doubt against the conclusion that the apparent expression is a true expression. This essay argues that the evidence and arguments (...) against the conclusion that the signs of complex bodily integration exhibited in ventilated brain dead bodies are true expressions of somatic integration are unpersuasive; that is, they are not adequate to exclude reasonable doubt against the conclusion that BD bodies are dead. Since we should not treat as corpses what for all we know might be living human beings, it follows that we have an obligation to treat BD individuals as if they were living human beings. (shrink)

In his autobiography, David Hume famously noted that _A Treatise of Human Nature_ “fell dead-born from the press.” Yet it is now widely regarded as one of the greatest philosophical works written in the English language. Within, Hume offers an empirically informed account of human nature, addressing a range of topics such as space, time, causality, the external world, personal identity, passions, freedom, necessity, virtue, and vice. This edition includes not only the full text of the Treatise (...) but also Hume’s summarizing _Abstract_, as well as selections drawn from critical book reviews which showcase the work’s reception in Hume’s own time. Angela Coventry’s expert introduction and annotations serve to contextualize the book’s themes and arguments for modern readers. (shrink)

One of the fundamental questions of legal philosophy and theory is what it means to have a legal right, i.e. who can be considered a legal right holder. With the parallel development of bioethical doctrine, this question about rights holders is becoming increasingly relevant, raising the question of whether rights holders can be animals, trees, foetuses, future generations or machines (artificial intelligence). This question also applies to the dead, where the difficult question of the end of life and the (...) final occurrence of death also arises. By critically elaborating the positions of contemporary legal theorists in the context of two key theories of rights, the Will Theory and the Interest Theory and their mutual differences, the paper attempts to offer an account of the dead as potential right holders. In this context, the above legal theory elaboration is reflectively considered in the context of civil law doctrine of legal rights, as one of the fundamental areas within the general part of civil law. The legal subjectivity of the deceased is also observed in the field of (post-mortem protection) personality rights, but also in a pragmatic way in relation to recent domestic case law practice, as well as the case law practice of the European Court of Human Rights, where interesting legal issues have arisen that imply the question of the deceased as legal right holders. (shrink)