Theo Todman's Web Page - Paper Abstracts

Authors’ Introduction

• In July 1981, the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research published its first report, Defining Death: Medical, Legal, and Ethical Issues in the Determination of Death. The Commission made this subject one of its first studies primarily because of a legal interest: there has been recent disagreement about how best to translate the current physiological understanding of death into acceptable statutory language. But the Commission was also interested in reviewing the dispute between "whole brain" and "higher brain" formulations of death and appraising currently used brain-based tests for death, which have become increasingly varied and sophisticated.
• During its meetings, the Commission heard testimony from a variety of experts. Philosophers testified on the conceptual issues involved in defining death; theologians spoke about traditional religious concepts; and neurologists described the most valid tests for determining cessation of functioning of the brain.
• Much of the Commission's report consists of a thorough summary of current knowledge of the physiology of death and how this knowledge has altered understanding of the concept of death itself. Although this presentation is excellent, we believe the model statute that the Commission recommends should not be adopted because there are significant flaws in it, as well as in the Commission's supporting arguments.