Legal Death - Moral and Ethical Issues

Moral and Ethical Issues

Death is a universal but incompletely understood phenomenon, with strong connections to religious, spiritual and ethical beliefs. There have been cases of people believed dead who (with or without assistance) later recovered, or whose body was capable of continued function. Accordingly the question of when a person is to be considered "dead" for legal or other purposes can be a lot more controversial and complex than it seems.

Well known ethical questions include determining the point where organ removal for donation can take place, when medical care should be withdrawn (or a person kept alive who appears unable to ever recover from coma), and when a person should be considered "dead" in the eyes of the law. In rare cases a patient has been declared legally dead who is later found to be alive. Misdiagnosis of death is also a possibility and has been recorded in medical discussions. In cases of babies born without a brain cortex (known as anencephaly and with a life expectancy of hours or days) a similar question arises regarding the point at which the healthy organs may be used to help other babies. Because of these uncertainties, legal process may be needed to determine case-by-case whether an individual is to be considered "dead".

Separate ethical arguments relate to the societal resources consumed in preserving bodily life for people who may never recover, to the occasions when the wishes of the patient (or their representatives or family) differ from legal or medical views, since in many contexts the wishes of an individual or their representatives are given weight in medical matters (for example the case of Jesse Koochin), and religious or spiritual beliefs.

As might be expected, a wide range of views exist. Religions, cultures, societies, and philosophers, may each differ on their views related to these questions. Some notable views include:

  • Religion - Among world religions, Catholicism takes a markedly strong stance against directly intending to cause the death of any innocent human person, whether by direct provocation, such as by a lethal injection, or by withholding or withdrawing ordinary means of life support or treatment, such as a feeding tube. This need not include the withdrawing or withholding of extraordinary means of life support or treatment, such as CPR or a ventilator. This has led to legal and cultural controversy in such cases as Cruzan, Schiavo, and Quinlan.

Read more about this topic:  Legal Death

Famous quotes containing the words moral, ethical and/or issues:

    I, who cannot stay in my chamber for a single day without acquiring some rust,... confess that I am astonished at the power of endurance, to say nothing of the moral insensibility, of my neighbors who confine themselves to shops and offices the whole day for weeks and months, aye, and years almost together. I know not what manner of stuff they are of,—sitting there now at three o’clock in the afternoon, as if it were three o’clock in the morning.
    Henry David Thoreau (1817–1862)

    Nothing that has ever been thought and said with a clear mind and pure ethical strength is totally in vain; even if it comes from a weak hand and is imperfectly formed, it inspires the ethical spirit to constantly renewed creation.
    Stefan Zweig (18811942)

    The “universal moments” of child rearing are in fact nothing less than a confrontation with the most basic problems of living in society: a facing through one’s children of all the conflicts inherent in human relationships, a clarification of issues that were unresolved in one’s own growing up. The experience of child rearing not only can strengthen one as an individual but also presents the opportunity to shape human relationships of the future.
    Elaine Heffner (20th century)