Purpose The search for cause of death is important to improve knowledge and provide answers for the relatives of the deceased. Medical autopsy following unexplained death in hospital is one way to identify cause of death but is difficult to carry out routinely. Post mortem sampling (PMS) of tissues via thin biopsy needle or ‘mini incisions’ in the skin may be a useful alternative. A study was undertaken to assess how this approach is perceived by intensive care doctors (...) and also to evaluate how this practice is considered in ethical terms in France. Methods A study of PMS practices immediately after death in 10 intensive care departments was performed. The medical director of each centre was interviewed by telephone and asked to describe practices in their unit and to outline the questions raised by this practice. Results PMS is routinely performed in 70% of the units which responded, without systematically obtaining formal consent and without precise rules for communicating results. Approaches to PMS differed between centres, but all physicians felt that PMS is useful for the scientific information it gives and also for the information it provides for relatives. All physicians regret the lack of standards to structure PMS practices. Conclusion Information from post mortem examinations is important for society to inform about causes of death, for doctors to improve practices and for decision-makers responsible for organising care. Debate persists regarding the balance between individual rights and community interests. It is suggested that an approach for identifying cause of death could easily be integrated into the relationship between carers and relatives, provided full transparency is maintained. (shrink)

Background Voluntary post-mortem donation to science (PDS) is the most appropriate source for body dissection in medical education and training, and highly useful for biomedical research. In Mexico, unclaimed bodies are no longer a legal source, but PDS is legally possible, although scarcely facilitated, and mostly ignored by the general population. Therefore, we aimed to evaluate the attitude and willingness for PDS and to identify a sociodemographic profile of people with willingness toward PDS. Methods A validated on-line survey (...) was distributed by the convenience method via the social networks of a Catholicism-inspired, private university in northern Mexico. Frequency analyses of all variables and coded free comments were complemented with association studies. Results Although the responder cohort (n = 143) was too small and biased to be representative of the university community (n = 13,500), willingness to post-mortem organ donation was 90.7% and to PDS 70.7%. In this cohort, PDS willingness had the strongest association with mature age (> 40 years old; P, 0.0008). Among young adults, willingness to PDS was the lowest among volunteers from technical and business schools and the highest among those from the social sciences (P, 0.009). Respondents from the social sciences were also the most consistent between attitude and behavior with respect to organ donation. A free comment option revealed respondents were interested in the unusual taboo topic. Conclusions A small, but sufficiently large proportion expressed willingness toward PDS. In our university cohort, which was biased in higher education and altruism, mature age and social interest were associated with PDS willingness. (shrink)

Background: Post-mortem needle biopsies have been used in resource-poor settings to determine cause of death and there is interest in using them in Bangladesh. However, we did not know how families and communities would perceive this procedure or how they would decide whether or not to consent to a post-mortem needle biopsy. The goal of this study was to better understand family and community concerns and decision-making about post-mortem needle biopsies in this low-income, predominantly (...) Muslim country in order to design an informed consent process. Methods: We conducted 16 group discussions with family members of persons who died during an outbreak of Nipah virus illness during 2004-2008 and 11 key informant interviews with their community and religious leaders. Qualitative researchers first described the post-mortem needle biopsy procedure and asked participants whether they would have agreed to this procedure during the outbreak. Researchers probed participants about the circumstances under which the procedure would be acceptable, if any, their concerns about the procedure, and how they would decide whether or not to consent to the procedure. Results: Overall, most participants agreed that post-mortem needle biopsies would be acceptable in some situations, particularly if they benefitted society. This procedure was deemed more acceptable than full autopsy because it would not require major delays in burial or remove organs, and did not require cutting or stitching of the body. It could be performed before the ritual bathing of the body in either the community or hospital setting. However, before consent would be granted for such a procedure, the research team must gain the trust of the family and community which could be difficult. Although consent may only be provided by the guardians of the body, decisions about consent for the procedure would involve extended family and community and religious leaders. Conclusions: The possible acceptability of this procedure during outbreaks represents an important opportunity to better characterize cause of death in Bangladesh which could lead to improved public health interventions to prevent these deaths. Obstacles for research teams will include engaging all major stakeholders in decision-making and quickly building a trusting relationship with the family and community, which will be difficult given the short window of time prior to the ritual bathing of the body. (shrink)

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary (...) interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death. (shrink)

The story of Sara Baartman, who was brought to Europe in 1810 to be exhibited as the erotic-exotic freak ‘Hottentot Venus’, is arguably the most famous case study of the scientific validation of (gendered) racism. Her scientific examination and post-mortem dissection by Georges Cuvier, who looked for an alleged connection between the Khoisan and the orangutan, have been the object of famous critical works (Gilman, 1985; Haraway, 1989; Fausto-Sterling, 1995), but also exposed her to the unpalatable fate of (...) becoming the ‘quintessential’ figure of intersecting gender and racial oppressions. This paper deals with Abdellatif Kechiche's film Venus Noire (2010), which interestingly rearticulates the (in)famous narrative in unexpected ways. Shot by a male director who is also a postcolonial subject, the film exposes the performativity not only of gender and racial identities, but also of science theorisation, while at the same time raising the issue of whether exposing a violent male colonial gaze on a heavily exhibited woman can contribute to a counter-knowledge of her experience or rather risks reiterating the historical violence. The startling dynamic between the portrayed abuse and Kechiche's peculiar filmic strategies is the crucial focus of this paper. While Sara's body is continually exposed and violated, Venus Noire relies on her face, shot in recurrent extreme close ups, as a haunting presence potentially exceeding violence. Drawing on Gilles Deleuze and Félix Guattari's (1987 [1980]) account of the close up, I explore how Kechiche's take on Sara's face builds a strong connection with the spectator's extra-filmic dimension. As a case of what Deleuze and Guattari call a ‘reflective face’, such close ups invest the viewer with the ethical responsibility of being complicit in the othering practices of (post)colonial times. Vénus Noire thus manages to engage the spectator's own corporeal awareness of violence, and calls attention to the persisting exploitation of sexual and racial colonial tropes in the contemporary world. (shrink)

This paper analyses the arguments for and against what we have called automatic organ procurement model in relation to the organs of the deceased. For this purpose, this work provides empirical evidence to assess the potential impact of this model on donation rates and on public opinion. Specifically, we examine first the reasons supporting this model, with special reference to utilitarian and justice arguments. On the other hand, we analyse both the approaches based on the violation of pre mortem (...) and post mortem interests opposing this theoretical model and the rejection the model would generate in the population. Finally, we point out the aspects that, in our opinion, should be exhaustively regulated if this model were implemented. In particular, we refer to the legal status of the human body, the treatments for end-of-life patients, the incentives for health professionals and the recognition of the right to conscientious objection. (shrink)

The ancient philosophical school of Epicureanism tried to argue that death is "nothing to us." Were they right? James Warren provides a comprehensive study and articulation of the interlocking arguments against the fear of death found not only in the writings of Epicurus himself, but also in Lucretius' poem De rerum natura and in Philodemus' work De morte. These arguments are central to the Epicurean project of providing ataraxia (freedom from anxiety) and therefore central to an understanding of Epicureanism as (...) a whole. They also offer significant resources for modern discussions of the value of death--one which stands at the intersection of metaphysics and ethics. If death is the end of the subject, and the subject can not be benefited nor harmed after death, is it reasonable nevertheless to fear the ceasing-to-be? If the Epicureans are not right to claim that the dead can neither be benefited nor harmed, what alternative models might be offered for understanding the harm done by death and do these alternatives suffer from any further difficulties? The discussion involves consideration of both ethical and metaphysical topics since it requires analysis not only of the nature of a good life but also the nature of personal identity and time. A number of modern philosophers have offered criticisms or defences of the Epicureans' views. Warren explores and evaluates these in the light of a systematic and detailed study of the precise form and intention of the Epicureans' original arguments. Warren argues that the Epicureans also were interested in showing that mortality is not to be regretted and that premature death is not to be feared. Their arguments for these conclusions are to be found in their positive conception of the nature of a good and complete life, which divorce the completeness of a life as far as possible from considerations of its duration. Later chapters investigate the nature of a life lived without the fear of death and pose serious problems for the Epicureans being able to allow any concern for the post mortem future and being able to offer a positive reason for prolonging a life which is already complete in their terms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Into the Jaws of Yama, Lord of Death: Buddhism, Bioethics, and DeathDamien KeownInto the Jaws of Yama, Lord of Death: Buddhism, Bioethics, and Death. By Karma Lekshe Tsomo. Albany: State University of New York Press, 2006. Pp. 270.An anecdote recounted in this work gives an insight into the present state of Buddhist bioethics. The author relates how she asked the spiritual director of a Tibetan centre in Honolulu (...) whether he thought it was a good idea to donate one’s organs at the time of death. He immediately replied in the affirmative. When asked if the removal of the organs would disturb the dying process, he responded that it would be okay since the doctors could “wait for a few days.” On being informed that the organs had to be removed immediately to save the life of the recipient he “expressed alarm” and changed his mind, advising that for an ordinary Buddhist practitioner organ donation might not be advisable after all (p. 160).The fact that Tibetan lamas are giving ethical advice on organ donation without even a layman’s knowledge of the medical procedures involved suggests that Buddhist teachers have a lot to learn about adapting traditional teachings to modern contexts. If the problem were simply that many lack scientific knowledge, this could probably be resolved in the short to medium term. The deeper problem, however, is that Buddhism as a tradition lacks the ethical infrastructure needed to address moral dilemmas, particularly those of the complex kind presented by contemporary scientific and medical developments. Despite their undoubted acumen in certain branches of philosophy (notably metaphysics), Buddhist thinkers of the past have consistently failed to probe the moral foundations of their teachings or to establish a theoretical foundation in terms of which moral dilemmas can be analyzed. Not a single treatise on moral philosophy was produced by any of the classical scholars cited in this volume as authorities. Not surprisingly, the legacy of this neglect is that the voice of Buddhism has been almost completely silent with respect to the kinds of ethical issues addressed in this book.The present work commendably seeks to remedy this absence of information on Buddhist bioethics. This is only the second book ever to attempt such a task, the first being my Buddhism and Bioethics, published over ten years ago in 1996 (reissued by Palgrave in 2002). In the intervening period there have been many scientific [End Page 157] advances, such as cloning and genetic engineering, both of which receive attention in the volume under review. While my own approach sought to build bridges by translating Buddhist concepts into the vocabulary of contemporary bioethics, the present volume holds more tightly to the traditional teachings of Tibetan Buddhism. Accordingly, while the concepts and terminology used will be familiar to those inside the tradition, I am not sure to what extent it will facilitate dialogue with bioethicists and clinicians, for whom the colorful and somewhat medieval facets of these teachings may at times seem esoteric.Before discussing the ethical issues further, it should be pointed out that less than half of the book (chapters 8–11) is devoted directly to bioethics. The first seven chapters are for the most part an account of topics in Mahayana philosophy (such as no-self, dependent origination, and emptiness) and descriptions of the beliefs and practices of Tibetan Buddhism surrounding death. These include meditational practices relating to death and the notion of the post-mortem intermediate state (bardo). Somewhat oddly, chapter 5, titled “Foundations of Buddhist Ethics,” has almost nothing to say about ethics: after a short but potentially interesting section titled “Buddhist Definitions of Life and Death,” it veers off into a lengthy summary of Madhyamaka, Vijnanavada, and Tathagatagarbha doctrines.Tibetan teachings about death have been summarized in numerous popular volumes in recent years, and it is unclear why such an extended treatment of them is presented again here. The opening sentence of chapter 8 suggests this was necessary to “set the stage for an exploration of bioethical issues from Buddhist points of view,” but the bulk of this material has little connection with bioethics. In particular, it is not clear how it is... (shrink)

This paper offers a partial defence of the Epicurean claim that death is not bad for the one who dies. Unlike Epicurus and his present-day advocates, this defence relies not on a hedonistic or empiricist conception of value but on the concept of ‘existential’ value. Existential value is agent-relative value for which it is constitutive that it can be truly self-ascribed in the first person and present tense. From this definition, it follows that death (post-mortem non-existence), while perhaps (...) bad in some respects, cannot be an existential harm for the one who dies. This paper argues that existential goods are central to any explanation of why life appears good to us from a self-interested perspective, which means that death is not bad in the very respect in which life is most saliently good (from that perspective). A corresponding error theory shows why this truth is easily overlooked and explains why we tend to think that death is significantly worse than it really is. (shrink)

The purpose of this article is not to affirm or deny particular philosophical positions, but to explore the limits of intelligibility about what post-mortem harm means, especially in the light of improper post-mortem procedures at Bristol and Alder Hey hospitals in the late 1990s. The parental claims of post-mortem harm to dead children at Alder Hey Hospital are reviewed from five different philosophical perspectives, eventually settling on a crucial difference of perspective about how we (...) understand harm to the dead. On the one hand there is the broadly 'analytical' tradition1 of thinking that predicates the notion of harm on the basis of an existing subject. Since the dead are non-existent persons, it makes little sense to view the dead as being harmed. On the other hand, there is a phenomenological perspective, where the dead, in respect to the experience of grief, are existentially absent. This forms the basis that it is possible to harm grieving parent's experiences of how their dead are treated. The article ends with a short examination of what harming the dead implies for traditional bioethical concerns, namely, obtaining informed consent from significant others when planning medical research on the newly dead. (shrink)

If one can get the targets of one's current wants only by acquiring new wants (as in the Prisoner's Dilemma), is it rational to do so? Arguably not. For this could justify adopting unsatisfiable wants, violating the rational duty to maximize one's utility. Further, why cause a want's target if one will not then want it? And people "are" their wants. So if these change, people will not survive to enjoy their wants' targets. I reply that one rationally need not (...) advance one's future wants, only current ones. Furthermore, rational choice seeks not utility (the co-obtaining of a want and its target), but satisfaction (the eventual obtaining of what is now wanted) -- otherwise, it would be irrational to care now about what happens after one dies. Finally, persons survive "rational" changes of values. Thus reflection on the rational revision of values illuminates the conditions on personal identity and the bases and aims of rational choice. (shrink)

BackgroundOrgan transplantation represents the most effective and acceptable therapy for end-stage organ failure. However, its frequent practice often leads to a shortage of organs worldwide. To solve this dilemma, some countries, such as Portugal, have switched from an opt-in to an opt-out system, which has raised concerns about respect for individual autonomy. We aimed to evaluate whether young university students are aware of this opt-out system so that they can make informed, autonomous and conscious decisions, as well as to identify (...) the factors that determine a positive attitude toward post-mortem organ donation.MethodsAn observational, cross-sectional study was developed and a questionnaire was administered to first-year students from six faculties of the University of Porto.ResultsOf the 841 participants, 60% were unaware that Portugal had adopted an opt-out system. Among the informed individuals, their main sources of information included social media, internet, and family. Furthermore, only 48% of all participants agreed with the current opt-out system. Female sex (p = 0.049; OR 1.393), knowledge of the law (p < 0.001; OR 4.749) and family being the primary source of information (p < 0.001; OR 2.855) were independent factors associated with a positive attitude toward post-mortem organ donation law.ConclusionsThere is a significant lack of knowledge among young university students regarding the presumed post-mortem organ donation law and how it works. Female sex, having family as a primary source of information and being aware of the presumed post-mortem organ donation law are the strongest independent factors that determine a positive attitude toward the opt-out system. (shrink)

Introduction Death is an inevitable part of clinical practice and affects, in its very own way, not only next of kin and friends but also the members of the clinical team, in particular physicians and nurses, as those who take care of a patient in the very last moments of his or her life. Nevertheless, in clinical everyday life, it is no matter of course to meet the end of human life not only on a physical but also metaphysical level. (...) Definition of the problem In Western sociocultural contexts, silence is commonly regarded as an adequate expression of respect in the context of death. Considering that time is a more than limited resource in Western healthcare systems, it can, however, be challenging for the clinical team to pause and pay respect to the life that has passed and to generally deal with the unfathomability of human finiteness. Instead, death tends to become drowned out by a strident clinging to the common routines of patient care, in the course of which everyday clinical noises can turn into a roaring, almost inhuman cacophony—a cacophony that may not do justice to the dignity of the deceased, the relatives, or the clinic team. Objective With that said, this article focuses on forms of bidding farewell in clinical patient care, with an emphasis on post-mortem silence. Drawing on examples from literature, medical ethics, and the law, I will plead for a moment of silence in everyday clinical practice as a possible means to interrupt the noise of medicine in the immediate aftermath of death to honor the dignity of both the dead and the living. (shrink)

Why would we ever take a picture of a dead person? This practice began as a way to perpetuate the image of the deceased, rendering their memory eternal – Victorians thought that it could be useful to have portraits of their dead loved ones. Certainly, subjects in post-mortem photos will be remembered forever. However, we must ask two more questions. Are they people portrayed as if they were still alive? Or on the other hand, are they bodies that (...) represent death? Our paper takes an in-depth look at different iconographical styles as well as photographic techniques and religious and ethical reasons behind memento mori photos during the Victorian Age. (shrink)

Brain in a vat scenarios in analytic philosophy feature both brains and technological apparatus. The relation between specimens and technology is an interesting aspect of these scenarios, and in order to explore this relation, I contrast here two kinds of scientific collecting practices: the collection of post-mortem brains versus the compilation of digital brain atlases. This contrast highlights a novel configuration of the relation between brains and new information technologies. This new configuration is traced back to the late (...) 1980s, which saw the rise of a new kind of collection of brains, with a markedly different scope and nature: the neuroscience database. Brains are now easily captured in vivo, so that while post-mortem brains were precious and few, scanners provide an embarrassment of riches in the form of terabytes of data. The rise of the virtual brain as a new digital object for research is reliant on the development of new imaging technologies, but also on the growth of computerised tools, informatics, and electronic networks in this field. These developments contribute to an informational turn in scientific research. This article considers what is involved in the shift in type of object, from the scarce, wet, biological brain to a plentiful, digital, virtual one. It discusses the significance of this new object in terms of collections, institutions, and research practices. (shrink)

Can events that take place after an individual’s death affect that person’s weIl-being? Aristotle apparently thought that they could, but Mark Overvold disagrees. Like other contemporary moral theorists, Overvold analyzes the notion of a person’s utility or welfare in terms of the fulfillment of the individual’s desires, but he adds the important qualification that the desites must be for states-of-affairs in which the agent is an essential constituent. The clear implication of such a view is that our welfare cannot be (...) affected by the post-mortem satisfaction of any of the interests which we had while alive.I shall defend Overvold against his critics who insist that at least some posthumous satisfactions can contribute to a person’s welfare. I shall also argue against Brad Hooker’s proposal that we revise Overvold’s theory in order to account for such cases. (shrink)

Platonic universals received sympathetic attention at the turn of the century in the early writings of Moore and Russell. But this interest quickly waned with the empiricist and nominalist movements of the twenties and thirties. In this process of declining interest Wittgenstein's theory of family resemblance seemed to serve both as coup de grâce and post-mortem.I propose, however, that family resemblance far from being an adequate refutation of Platonic universals can actually be accommodated within a Platonic theory properly (...) conceived. But first for some caveats and qualifications.What family resemblance actually succeeds in refuting is not Platonic universals but Aristotelian or empiricist, or, generally, abstractive or commutative, universals. An abstractive universal is a universal arrived at by induction from identical characteristics in numerically distinct individuals. An abstractive universal is a common property and nothing else. This conception of a universal has several consequences. First, abstractive universals are ontologically dependent on particulars. (shrink)

This study analyzes the dissemination and readership of two medieval medical works in Catalan. Combining the use of diverse sources such as the manuscripts themselves, post-mortem inventories, and the prologues written by the translators, the study shows how the diffusion of these works exemplifies the two main audiences to which vernacular texts were addressed. These were, on the one hand, literate but not Latinate surgeons and other practitioners interested in the new medicine emanating from the emerging universities; and (...) on the other, nobles and burghers interested in issues of health and disease and in natural philosophy in general. The framework for the study is the general process of consolidation of the new medical system which developed in late medieval Latin Europe. (shrink)

When we think of "heaven," we generally conjure up positive, blissful images. Heaven is, after all, where God is and where good people go after death to receive their reward. But how and why did Western cultures come to imagine the heavenly realm in such terms? Why is heaven usually thought to be "up there," far beyond the visible sky? And what is the source of the idea that the post mortem abode of the righteous is in this (...) heavenly realm with God? Seeking to discover the roots of these familiar notions, this volume traces the backgrounds, origin, and development of early Jewish and Christian speculation about the heavenly realm -- where it is, what it looks like, and who its inhabitants are. Wright begins his study with an examination of the beliefs of ancient Israel's neighbors Egypt and Mesopotamia, reconstructing the intellectual context in which the earliest biblical images of heaven arose. A detailed analysis of the Hebrew biblical texts themselves then reveals that the Israelites were deeply influenced by images drawn from the surrounding cultures. Wright goes on to examine Persian and Greco-Roman beliefs, thus setting the stage for his consideration of early Jewish and Christian images, which he shows to have been formed in the struggle to integrate traditional biblical imagery with the newer Hellenistic ideas about the cosmos. In a final chapter Wright offers a brief survey of how later Jewish, Christian, and Islamic traditions envisioned the heavenly realms. Accessible to a wide range of readers, this provocative book will interest anyone who is curious about the origins of this extraordinarily pervasive and influential idea. (shrink)

The current state of British sociology of education is reviewed; noting its decline, but suggesting that its influence has been dispersed throughout educational research in Britain. It is argued that its fate is not simply a product of external attack but also derives from internal problems. Against this background, it is suggested that postmodernism can be treated as a stimulus for a fundamental reconsideration of the proper nature and role of academic research on education.

The subject of death and a possible survival has become in recent years a focal point for "scientific" investigations, public interest, and philosophical reflections. Paterson's work finds itself in the midst of this unlikely meeting of these three domains. He does not focus, however, upon the description of the final post mortem state--the domain of pure speculation, to which he dedicates a short chapter--but rather upon the possibility of a life after death which is the presupposition of personal (...) immortality. Such an analysis of death is contrary to the philosophical thanatalogical reverse since Heidegger, which considers death as separated from the question of immortality. On the other hand, Paterson maintains that the belief in a life after death is based not only upon philosophical arguments but also and especially upon empirical facts, which help us in the final analysis to determine whether this state is a utopia without foundation, a possibility, a choice, or even a certitude. (shrink)

Aristotle argues that the soul and body are non-identical substances; the soul is an immaterial particular form, while the body is a diachronic material continuant. Despite their immateriality, Aristotle argues that souls are not separable from bodies, and so implicitly rejects any version of Cartesian dualism. But because of his commitment to immaterialism, Aristotle's position cannot be assimilated to any contemporary materialist theory in the philosophy of mind. We need not, however, regard him as inconsistent in rejecting both Cartesian dualism (...) and materialism: Aristotle rightly recognizes that the soul can be a substantial immaterial particular form which supervenes on the body. Aristotle is, then, a supervenient dualist, who holds that there are nomological relations between physical and psychic states, but who denies that psychic states are token identical with material states. ;But Aristotle notoriously does not regard the supervenience of the soul as sufficient for the supervenience of each of its capacities. He provides an interesting but unsuccessful a priori argument for the claim that nous, or mind, is a capacity of the soul which does not supervene on any bodily state. Thus, he concludes that nous can survive the destruction of the body; but post mortem survival of nous need not be regarded as sufficient for a commitment to post mortem personal identity in Aristotle. (shrink)

continent. 1.3 (2011): 201-207. “Poetry is experience, linked to a vital approach, to a movement which is accomplished in the serious, purposeful course of life. In order to write a single line, one must have exhausted life.” —Maurice Blanchot (1982, 89) Nikos Karouzos had a communist teacher for a father and an orthodox priest for a grandfather. From his four years up to his high school graduation he was incessantly educated, reading the entire private library of his granddad, comprising mainly (...) the Orthodox Church Fathers and the ancient classics. Later on in his life he sold the library for money, only to buy a little more time before he went broke again: “I carry sorrow like a cage/ I got no birds/ as I come back from her hair/ I see the profit emptied/ cool from terror.” (1993, Ι, 101) Nowadays—and ridiculously recently—we are more than apt to speak of a certain insouciance pertaining to the Greek form of expenditure: expenditure without any type of investment, sometimes not (even) symbolic. In the vaults of the European unconscious, this imprudent stance still conjures a “capital punishment” in the form of de-capitation, reflecting back the fear of excess and the terror of its consequences.1 Thus the Greek way of living is very close to what a stranger could have termed as “the Greek way of dying.” Yet, what is not often understood is that the Greek esprit , the same one that invented the maxim μηδ?ν ?γαν (“nothing in excess”), does not experience death solely as an imminent fear of bankruptcy. For it miraculously combines its unconditional acceptance with the promise of a resurrection that is always there in the scents of Spring, from Dionysus to the orthodox Christ: “Everyone resurrects himself through dying [….] Resurrection is the switching of mortalities.” (2002, 94) Hence, if an entire library was imprudently traded for a plate with seven olives, a sliced tomato and some fresh goat cheese, let us not be fooled: this is not the meal of the pauper, but that of “an aristocrat from God” (1993, II, 491) feeding his eloquent loudmouth, ridiculously cut open in an otherwise rock-solid caput . *** To speak of the Greek experience is to speak about a half-dead language that still utters in life what is seemingly excluded from it and thus forbidden to be talked about: death. Death as anything that is out of this world, as something that will never return . Still, along with an experience of death that recently waned as a worn-out academic fashion, the Greek experience is dead too. Nearly 2300 years of written words separating Homer from the fall of Byzantium equal 500 books on a library traded for money: “I am with the killed. Hence my deepest solitude. I do not feel this tremendous macho society, beyond from the fact that it is a ruthlessly consuming one. It is me who pays all the time .” (2002, 57) Let us do the math and see how much this dealing with the Greek experience is costing the poet and how much dealing with the Greek experience might cost us today. *** “I do not guarantee a single word.” (Karouzos, 1993, II, 454) Through its various dialects and forms, the Greek language speaks through an incessant historical dissemination. Anyone who is aware of this terrifying polymorphy and still calls himself a poet, must stand against a white sheet of paper, pen-in-hand, with a very particular duty: to be as fully inconsistent as possible. In the formally ironic uniqueness of the poem, the poet functions as “a band-aid for lesser and greater antinomies.” (1993, I, 251) Of course these antinomies are not exhausted in language—they are historical, political and, alas, existential. Yet, beyond appearances , it is language that ruthlessly encodes them through history, submitting the poet to the temptation of placing them one next to the other on a single white sheet. The closer their neighboring, the greater the scattering of the writer in the ironic uniqueness of the paper. In a work where poetic license is described as a “freedom-impasse” (2002, 51), this task is undertaken in full conscience of its personal consequences: “what I am interested in is to escape my individuality (envisioning the non-ego) […] Nevertheless, my dissociations never achieve duration.” (2002, 74-75) Hence, though poetry is the “deserted direction of will,” (1998, 62) the stance of the poet is not that of a Nietzschean “great man.”2 Whereas drunkenness provides a thread between the poem and the excess it both presupposes and infuses (“Poetry always enlarges. ‘Drunkenness’ is nothing more than that,” (2002, 85)), whereas language flashes in loudmouth spurts of déraison (“When I am alone I do something else. I utter words. For example, while having my ouzo and listening to music I am most likely capable of randomly shouting ‘Electricity!’” (2002, 138)), the poet never gives in to the double affirmation that would eventually risk the “element of pleasure in discourse.” (2002, 80)” It is exactly because the gap of the antinomies is so vast that poetry is not meant to be written with a hammer. Neither does writing consist in a reevaluation of those elements. In short, poetry is not an affirmation of difference, but the surprising beauty of chiming antinomies. We might never transcend them, but it is up to us to put them together. Yet again, this voisinage is not to be identified with the necessity of chance as an eternal return.4 On the contrary it is a return from that very return : Let us treat Yes as a No to No and No as a Yes […] And let us not forget that this pissed affirmation crumbled down Nietzsche’s intellect in the dark paths of this world. (2002, 88) This return from the “vicious circle” should in no way be taken as a form of artistic prudence. Rather it can be seen as a dribble of demonic inconsistency as Dionysus transforms himself into a Christ that is in turn de-theologized: “Who can forbid that? Every man is capable of his own theology, nothing can stop him.” (2002, 73-74) This is a turn towards an existential vision of the world, historically coinciding with a particular political defeat of the Left, to which the poet devoted all his life: after the defeat of the popular front I raised the question “why do we exist?” while others were asking “why we failed.” (2002, 57)5 But most of all it is a return to poetry that exceeds the existential question itself, going beyond the issue of faith. Poetry comes in as a question of return after a defeat that is confessed in full profanity. Though it accepts the necessity of the defeat, it does not affirm it. Though it negates it, the negation is not in the name of a promise to be delivered in the kingdom of heavens. Following a historical and existential defeat, poetry is born post mortem . It signals a return to Christ as “groundless religiousness in the surprise of the real as such” (2002, 72) which is at once a return to the refuge of childhood. It is not a question of endurance towards an eternal return. Rather it is a question on the possibility of an existential return. Returning in a world as someone who cannot enjoy any returns exactly because he is averse to guarantees. A return without returns. *** PHOTOCOPY OF HAPPINESS When I was young I used to pin down cicadas and step on ant nests. I used to stand there silent for hours. With threads I decapitated bees. Now I am a dead man breathing. (Karouzos, 1993, II, 336.) The return to the “paradise of childhood” (2002, 68) constitutes the devouring refuge of its own memory when defeat becomes the synonym of adulthood. The political struggles of a young communist in a country torn up by a civil war right after World War II fraught with incarcerations and exiles. Historically they resulted in the defeat of the communist movement in Greece and opened up a long turbulent road that would peak in the dictatorship of 1967. Existentially they led to a series of disillusionments: mental breakdown, divorce, abandonment of studies in law school. To the question “why do we exist” the answer was poetry. Still this exposé should not be read as a sweeping chronography of a man. For it actually happens to coincide with the historical fate of a nation that after its modern constitution never stopped dreaming of the glories of its past youth, in a present that was (and is) sweepingly disappointing. But isn’t this return to youth finally a way of compensating for a loss of youth that necessarily results in a losing adulthood? Will Greeks, the eternal children of Plato and Nietzsche, ever learn? How to return without dying, how to remember without wasting time? WE ARE IN THE OPEN MEANING Living the coldest mauve night right across Parthenon I went to take a piss on some foliage and I was enjoying the foliage as it was steaming. (Karouzos, 1993, II, 340) Beyond the historical tragedies of modern Greece and away from any personal disappointments, the relation that this land holds with language and history is mediated through the Greek light—whose omnipresence is the very condition of its transcendence. All historical contradictions from Dionysus to Christ took place under this light; all those disseminated dialects were spoken beneath its warmth. To paraphrase Lévinas,6 light is both the condition of the world and of our withdrawal from it—a withdrawal towards the invisibility of God, of the dead, of meta-physics, resulting from the temptation that all is still here, behind this light the visibility of which they once evaded: “birds, the allurement of God.” (1993, I, 17) Under that luminous sky, if Greeks can do anything at all, it is to envision a return that will never come. All they can do is write poetry—which is doing nothing; other than lending an ear to a disseminated language whispering a unity that cannot be promised, as an adulthood in defeat is ready to recognize. Trying “to trap the invisible in visibility” (1993, II, 483) they forget that they have grown up and one day they die—with the promise of return. Hence an additional meaning must be given to this return to childhood. It does not signal salvation but rather its promise. To the ears of an aged continent it means that the return to/of poetry is a losing game, a return without returns. “Europe, Europe… you are nothing more than the continuation of Barabbas.” (1993, I, 295) *** “Life is not there to verify theories.”7 The records show that Karouzos was finally given a second-class pension from the Greek government, at the time when he was being recognized by the literary press as one of Greece’s major contemporary poets. Being neither a bourgeois nor a nobelist, he proclaimed himself to be an anarcho-communist, unconditionally faithful to the utopia of a classless society. He also drank, heavily. “Capitalism made an animal out of man/ Marxism made an animal out of truth/ Shut up.” (1993, II, 369) Perhaps one of the most scandalous divides of our times has been the one between the living and the dead, the latent prohibition that the living should not be concerned with the dead based on the mere impossibility of the dead to be concerned with the living in the first place. What adds to this scandal is that this divide abuses anything that cannot return to us by subsuming it under the same futility. Hence death is no longer “loss” in the usual sense. It no more refers to the things we lost but to our “loss” (of time, money and well-being) as we insist to dwell on them. Death is a waste —of time. It is this waste that we find in the insouciance of Greek expenditure; the waste in dealing with a language that most of its historical part is no longer spoken (a dead language); the waste in translating a poet who is ex definitio untranslatable; the waste of his vision, his money, his life. The waste of dealing with anything that cannot return and that cannot bring in any returns . But it is also the waste of life that poetry itself presupposes, the waste of dealing with invisibility, with anything that is out of this world and thus invokes the fear of death that is in turn—and surprisingly— nowhere to be found. Instead of death, what is there, beyond the light, is the being without us (to recall the Lévinasian il y a ), the mumble of our own nothingness which constitutes the price to be paid for writing poetry under an evergreek light. To understand this to-and-fro, is to realize that poetry is something out of this world that nevertheless takes place in this world, by virtue of this world. But to ridiculously equate this to-and-fro with death as non-existence, is to exile poetry along with its own possibility from this same old world: I do not believe that poetry will ever disappear from this world. […] But I am also sure that it does not have many chances of playing, as you say, a redemptive role in our vertiginous technological future. Without being endangered as a creative need, it will be placed on the side of history. (2002, 32) It is mainly there that we would like to locate the meaning of Nikos Karouzos’s poetry today. If we are willing to include the Greek original it is because we consider that it will be both a waste of time for us to do so (since most of you cannot read Greek) and because it might induce you to the even larger waste of learning it. We would additionally be glad if this small introduction served as an equally wasteful, academically useless piece of reading, gesturing towards a taboo of investing in anything Greek—that is in anything dead among the living, in anything that will never come back and maybe was never here in the first place. This is the only way to reserve for ourselves the possibility of poetry and preserve the light of its promise. “To return: that is the miracle.” (1993, I, 17) Athens, Greece July 10, 2011 NOTES 1 “ Capitale (a Late Latin word based on caput “head”) emerged in the twelfth to thirteenth centuries in the sense of funds, stock of merchandise, sum of money or money carrying interest.[…] The word and the reality it stood for appear in the sermons of St. Bernardino of Siena (1380-1444) ‘… quamdam seminalem rationem lucrosi quam communiter capitale vocamus ’, ‘that prolific cause of wealth that we commonly call capital’” (Braudel, 1992, 232-233). 2 “A great man – a man whom nature has constructed and invented in the grand style – what is he? First : there is a long logic in all of his activity, hard to survey because of its length, and consequently misleading; he has the ability to extend his will across great stretches of his life and to despise and reject everything petty about him, including even the fairest, ‘divinest’ things in the world.” (Nietzsche, 1968, 505, §962) 3 Cf. Deleuze, 1986, 186-9. 4 “Return is the being of becoming, the unity of multiplicity, the necessity of chance: the being of difference as such or the eternal return.” (Deleuze, 189)5 In this 1982 interview Karouzos refers to the defeat of the communist movement in Greece after the civil war of 1946-1949 between the Governmental Army and the Democratic Army of Greece, the military division of the Greek communist party. Karouzos’s father was a member of the communist National Liberation front (EAM) members of which formed the mainl resistance movement (ELAS) in Greece during WWII. The poet was a member of the United Panhellenic Organization of Youth (EPON), which was a youth division of EAM. After the end of the war, ELAS was called to disarmament in view of the formation of a National Army. The members of EAM resigned from the government of national unity and a series of protests led to a 3 year civil war between ELAS and the Government Army. After the defeat of ELAS the Communist party was outlawed and many communists were exiled in deserted Greek islands. Karouzos, who took action in the Greek resistance and was active during the Greek civil war, was exiled in Icaria on 1947 and in Makronisos on 1953 where he was called two years earlier to do his military service. 6 “Existence in the world qua light, which makes desire possible, is then, in the midst of being, the possibility of detaching oneself from being. To enter into being is to link up with objects; it is in effect a bond that is already tainted with nullity. It is already to escape anonymity. In this world where everything seems to affirm our solidarity with the totality of existence, where we are caught up in the gears of a universal mechanism, our first feeling, our ineradicable illusion, is a feeling or illusion of freedom. To be in the world is this hesitation, this interval in existing, which we have seen in the analyses of fatigue and the present.” (Lévinas, 1988,43-4) 7from a TV interview. THE POETRY OF NIKOS KAROUZOS From Redwriter [ Ερυθρογρ?φος ], in Collected Works, Vol . II, Athens: Ikaros. 1993, 463-4. [Athens: Apopeira, 1990, 9-10.] JESUS ANTI-OEDIPUS* Why were we once saving till the fifth day the Paschal lamb? The scriptures say: with this victim’s meat we ought to cleanse all of our senses. To give life to the whitest wave miraculous odors in the extension of the chest. Ideals to death. For us to witness the illustrious dawns of Absinthe and for the soul to be a deeply carved ornament on the fore we named will. Then many deer running amidst the evergreen growth with watery hymns, then, the unintended angels descending with heights spiraling in their momentum offer themselves to the luminous Adventure. Whence the need for speech and our sufferings covered with flags like the glorified dead. An incorporeal finger pointing at the flamboyant and fragrant holocausts within the tired horizons and the exhausted breadths with joys of the mistletoe on fire and shivering all of the green-leaved love. Something would have chirped again had we not driven it away— maybe the ewe’s grass. Something would have called us to the eternal resurrection— maybe the grace of spring. But now our heart is fiercely blinded, withdrawn to the appearances of Hades. Silence and ice incessantly cover the Infant Spirit in thatched times. While the cherry trees are dreaming faintly glowing in absolute darkness there’s nothing the Babylonians can contemplate in labs with automatic colored lights. How to rejoice now in the fifth day of the lamb? We have forked the stars. We’ve gradually become supposedly sublime with plucked chimeras in our hands. Avenged relentlessly by science. *Though the poem appears in a 1990 collection, it was actually written in 1968. Hence the reader must be aware in not associating Karouzos’ Anti-Oedipus with the famous 1972 work of Deleuze and Guattari, given that the former precedes the latter. ΙΗΣΟΥΣ ΑΝΤΙ-ΟΙΔΙΠΟΥΣ Γιατ? κρατο?σαμε κ?ποτε ?ς την π?μπτη μ?ρα το πασχαλιν? πρ?βατο; Τα κε?μενα λ?νε: μ’ αυτο? του θ?ματος το κρ?ας ?πρεπε να καθαρ?σουμε ?λες τις αισθ?σεις. Για να δ?σουμε κ?μα στη ζω? λευκ?τατο θαυμ?σιες ευωδι?ς στην ?κταση του στ?θους. Ιδανικ? στο χ?ρο. Για να βλ?πουμε τα λαμπρ? χαρ?ματα του ?ψινθου και να ’ναι η ψυχ? στ?λισμα βαθυχ?ρακτο της πλ?ρης που την ε?παμε θ?ληση. Τ?τε πολλ?ς δορκ?δες τρ?χοντας αν?μεσα στην καταπρ?σινη φ?ση με τους υδ?τινους ?μνους, τ?τε, κατεβα?νοντας οι αθ?λητοι ?γγελοι με κυλινδο?μενο το ?ψος στην ορμ? τους χαρ?ζονται της αστραφτερ?ς Περιπ?τειας. ?θεν η μιλι? γι’ αυτ? χρει?ζεται και τα δειν? σκεπ?ζονται ωσ?ν τους τιμημ?νους νεκρο?ς με σημα?ες. Ασ?ματο δ?χτυλο δε?χνει τα φλογ?δη και μοσχοβ?λα ολοκαυτ?ματα στους κουρασμ?νους ορ?ζοντες στα εξουθενωμ?να πλ?τη καθ?ς αν?βουν οι χαρ?ς του νερα?δ?ξυλου και τρ?μει ολ?κληρη η πρασιν?φυλλη αγ?πη. Κ?τι θα κελαηδο?σε π?λι αν δεν το δι?χναμε— μπορε? της προβατ?νας το χορτ?ρι. Κ?τι θα μας καλο?σε στην απ?ραντη αν?σταση— μπορε? του ?αρος η χ?ρη. Μα η καρδι? μας ?γρια τυφλ?θηκε π?ρασε στα φαιν?μενα του ?δη. Σιγ? και π?γος αδι?κοπα σκεπ?ζει στους αχυρ?νιους καιρο?ς το Ν?πιο Πνε?μα. Την ?ρα που ονειρε?ονται οι βυσσινι?ς και λ?μπουν αμυδρ? μεσ’ στο απλ?τατο σκοτ?δι τ?ποτα δε στοχ?ζονται οι βαβυλ?νιοι στα εργαστ?ρια με τ’ αυτ?ματα χρωματιστ? φ?τα. Π?ς να χαρο?με πια την π?μπτη μ?ρα του προβ?του; Φουρκ?σαμε τ’ αστ?ρια. Γ?ναμε σιγ?-σιγ? δ?θεν υπ?ροχοι με μαδημ?νες χ?μαιρες στα χ?ρια. Μας ν?μεται σκληρ? η επιστ?μη. From: Redwriter [Ερυθρογρ?φος], in Collected Works, Vol. II, Athens: Ikaros. 1993, 472. [Athens: Apopeira, 1990, 18.] DIALECTΙCS OF SPRING Christ the straight angle; Christ the Pythagorean theorem. Christ the infinitesimal calculus from above the blessed Sets Christ. Christ the tessellation of massive particles Christ the zero mass. Hence we spray numbers and fields of lust. We are carabineers of diseased logic plus something— Observed means observer and Hekate The darkness luminous and light in the dark Astarte banqueters demons from today. ΔΙΑΛΕΚΤΙΚΗ ΤΟΥ ΕΑΡΟΣ Χριστ?ς η ορθ? γων?α· Χριστ?ς το πυθαγ?ριο θε?ρημα. Χριστ?ς ο απειροστικ?ς λογισμ?ς ?νωθεν ?λβια Χριστ?ς τα Σ?νολα. Χριστ?ς η ψηφιδογραφ?α στα μαζικ? σωμ?τια Χριστ?ς η μ?ζα μηδ?ν. ?ρα ψεκ?ζουμε αριθμο?ς και πεδ?α λαγνε?ας. Ε?μαστε τυφεκιοφ?ροι νοσο?σης λογικ?ς και κ?τι-- παρατηρο?μενο σημα?νει παρατηρητ?ς και Εκ?τη σκ?τος το π?μφωτο και φως εν τ? σκοτ?? η Αστ?ρτη συνδαιτημ?νες δα?μονες απ’ ?ρτι. From: Redwriter [Ερυθρογρ?φος], Athens: Apopeira, 1990, 18. [1993, II, 472]. CREDO (as we are used to say in Latin) Α I believe in one Poet expelled from heavens / fugitive from the god and vagabond, Empedocles / and here on earth / exile on the earth etc. of Baudelaire /. Β I believe in one Computer inside thunder and through matter. Γ Suffering undefiled / substantive / the Poet uplifts himself slow-burning suicidal implying lengthy sleeps. Δ Cutting down on prospective mistakes. Ε Of all things visible and invisible officiating the onion-peelings. Ζ The Poet has nothing / see the departed /. Η I believe in one Poet that says: madness I enjoy; he ridicules existence; let me light up from my mana. Θ Syntax he doesn’t care about when musicality commands him. Along with still more licenses, and Ts are played according to the concept sound anywhere. E.g. the winters here, he winters there; it will not come—I will not rest, etc. etc. Ι The Poet exercises thought until it’s stripped down. Κ And if he’s Greek he must always study the fineness of Attica, in light, mountains, fields and sea. For this fineness teaches language. Λ And if he’s deeply destined the Poet expresses the unexplainable of the explained; he happens to be a rightful heir to the scientist and his predecessor. Μ On the froth he does not last; the Poet blusters at the bottom of the pot. Ν Flamebred and never redeemed. Ξ The Poet must sometimes say: what a consumption of presence — be a bit lonely for a change! Ο The Poet is twilit. Π He is susceptible of deaths and resurrections. Ρ He looks from the corner of his eye and exists in a glance. Σ He follows behind the mother. Τ Eveningless when it comes to age. Υ I believe in one Poet who says: let the purities coincide. Until the Corinth of the Universe or even further. Φ In a higher despair. Χ In a brighter quintessence. Ψ In one sensation that lifts off. Ω Forgiving everyone. CREDO (ως ε?θισται να λ?με λατινιστ?) Α Πιστε?ω εις ?να Ποιητ?ν εκτ?ς ουρανο? / φυγ?ς θε?θεν και αλ?της, Εμπεδοκλ?ς / και επ? της γης / εξ?ριστος π?νω στη γη κ.λπ. του Βωδελα?ρου /. Β Πιστε?ω εις ?να Υπολογιστ?ν εντ?ς κεραυνο? και δια της ?λης. Γ Υποφ?ροντας ?χραντα / ουσιαστικ?ν / ο Ποιητ?ς ανατε?νεται βραδυφλεγ?ς αυτ?χειρας εξυπακο?οντας πολ?ωρους ?πνους. Δ Τα υποψ?φια λ?θη λιγοστε?οντας. Ε Ορατ?ν τε π?ντων και αορ?των ιερουργ?ντας την αποκρομμ?ωση. Ζ Ο Ποιτ?ς ?χει τ?ποτα / βλ?πε τους αναχωρ?σαντες /. Η Πιστε?ω εις ?να Ποιητ?ν που λ?ει: η τρ?λα μ’ αρ?σει· γελοιοποιε? την ?παρξη· ας αν?ψω απ’ τη μ?να μου. Θ Συνταχτικ? δεν το γνοι?ζεται στην προσταγ? της μουσικ?τητας. Μαζ? και μ’ ?λλες ακ?μη λευτερι?ς, και τα νυ πα?ζονται κατ? την ?ννοια ?χος οπουδ?ποτε. Π.χ. τον χειμ?να εδ?, το χειμ?να εκε?· δε θ? ’ρθει – δεν θα καταλαγι?σουμε, κ. λπ. κ.λπ. Ι Ο Ποιητ?ς γυμν?ζει τη σκ?ψη σε απογ?μνωση. Κ Κι αν ε?ναι ?λληνας οφε?λει να σπουδ?ζει π?ντοτε της Αττικ?ς τη λεπτ?τητα, σε φως, βουν?, χωρ?φια και θ?λασσα. Διδ?σκει γλ?σσα η λεπτ?τητα το?τη. Λ Κι αν ε?ναι βαθι? πεπρωμ?νος ο Ποιητ?ς εκφρ?ζει το ανεξ?γητο του εξηγητο?· τυγχ?νει ν?μιμος δι?δοχος του επιστ?μονα και προκ?τοχ?ς του. Μ Στον αφρ? δεν ?χει δι?ρκεια· στο πατοκ?ζανο μα?νεται ο Ποιητ?ς. Ν Φλογοδ?αιτος και ποτ? ξελυτρωμ?νος. Ξ Ο Ποιητ?ς κ?ποτε πρ?πει να λ?ει: μεγ?λη καταν?λωση παρουσ?ας – γενε?τε και λ?γο μοναξι?ρηδες! Ο Ο Ποιητ?ς ε?ναι αμφ?φλοξ. Π Επιδ?χεται θαν?τους και αναστ?σεις. Ρ Ακροθωρ?ζει και υπ?ρχει σε ξαφνοκο?ταγμα. Σ Ε?ναι ουραγ?ς της μητ?ρας. Τ Αν?σπερος απ? ηλικ?α. Υ Πιστε?ω εις ?να Ποιητ?ν που λ?ει: να συμπ?σουν οι αγν?τητες. Μ?χρι την Κ?ρινθο του Σ?μπαντος ? μακρ?τερα. Φ Σε αν?τερη απελπισ?α. Χ Σε φαειν?τερη πεμπτουσ?α. Ψ Σε μια α?σθηση που πτηνο?ται. Ω Συγχωρ?ντας τους π?ντες. From Large Sized Logic [ Λογικ? μεγ?λου σχ?ματος ], Athens: Erato, 1989, n.p. [1993, II, 521-3]. (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)

In a thought-provoking article – or how she herself named it, ‘a thought experiment’ – the philosopher-medical ethicist Anna Smajdor analyzed in this journal the idea of whole-body gestational donation (WBGD) in brain-dead female patients, as an alternative means of gestation for prospective women who cannot or prefer not to become pregnant themselves. We have serious legal, economical, medical and ethical concerns about this proposal. First, consent for eight months of ICU treatment can never be assumed to be derived from (...) consent for post-mortem organ donation; these two are of an incomparable and entirely different medical and ethical order. Moreover, the brain-dead woman is very likely to be medically unfit for high-tech surrogacy and the brain-dead state poses a high risk for deficient embryo/fetal development. Second, from a scarcity perspective, occupying an ICU bed for eight months appears to be unjust. The costs for eight months of ICU treatment are far too high compared to the costs of surrogacy for a living, selected, and healthy woman. Neither insurance companies nor prospective parents will want to pay these exceptionally high costs for a dead woman if a living surrogate mother can be hired for a considerably lower amount. Third, there is an increased risk for harm of the child to be in WBGD. And finally, WBGD risks violating the brain-dead woman’s dignity and harming the interests of her loved ones. In short, there is simply no need for brain-dead women as surrogates. (shrink)

Can a materialist look for the resurrection of the dead and the life of the world to come? Dean Zimmerman’s Falling Elevator Model is a speculative account of how persons, understood as material beings, might survive in a post-mortem resurrected state—a just-so story. It assumes endurantism, the doctrine that persons and other ordinary objects are three-dimensional beings which are wholly present at every time they exist. I argue that neither endurantism, nor purdurantism, according to which persons are four-dimensional (...) ‘worms’ who have proper temporal parts at every time that they exist, provides a plausible account of personal survival. If you want to be a Christian materialist you should embrace exdurantism, the ‘stage theory’, according which persons are instantaneous stages and are not identical to their temporal successors either in this world or in any world to come. Exdurantism provides a plausible account of survival in ordinary cases and extraordinary cases of this-worldly fission, and of post-mortem survival. (shrink)

Recent advances in medical technology have provided healthcare staff with the possibility of maintaining the life of a brain-dead pregnant woman on life-support in order to achieve a successful delivery of the foetus. Management of Post-Mortem Pregnancy examines the legal and ethical difficulties surrounding such post-mortem management.

Discussions of the sources for Levinas’s philosophy have tended to focus on Greece and the Bible to the neglect of his Russo-Lithuanian cultural heritage. Almost no work has been done examining the impact of Russian literature on Levinas’s thinking. The present essay seeks to overcome this neglect by examining the influence that Dostoyevsky in particular exerted on the development of Levinas’s philosophy. I am aware that the notion of “influence” is philosophically vague, and not something whose truth can easily be (...) ascertained. Might there be nothing more than simply a confluence between the thinking of Dostoyevsky and that of Levinas? Could it be that Levinas was attracted to the work of Dostoyevsky because he found there what he was already looking for? Although Levinas credits Dostoyevsky with introducing him to philosophy, it would be facile to draw the conclusion that St. Petersburg occupies as important a place in Levinas’s intellectual itinerary as Athens or Jerusalem. Dostoyevsky provided neither an ontology nor any of the “pre-philosophical experiences” (EI 24) on which, according to Levinas, all philosophical thought rests. But he did give Levinas a way to think about art, religion, and, most importantly of all, ethics after the Holocaust, an event that more than any other, according to Levinas, demonstrated the absolute failure of philosophical theodicy. It was Dostoyevsky, I submit, rather than the Bible, the Greeks, or Kant who taught Levinas that the moral imperative, addressed to the singular existing individual, supersedes the religious imperative, whose validity is placed in question by the suffering of innocents and the absence of the all-powerful and providential God of theism. (shrink)

BackgroundCollecting post-mortem brain tissue is essential, especially from healthy “control” individuals, to advance knowledge on increasingly common neurological and mental disorders. Yet, healthy individuals, on which this study is focused, are still understudied. The aim of the study was to explore, among healthy potential brain donors and/or donors’ relatives, attitude, concerns and opinion about post-mortem brain donation (PMBD).MethodsA convenience sampling of the general population (twins and their non-twin contacts) was adopted. From June 2018 to February 2019, (...) 12 focus groups were conducted in four Italian cities: Milan, Turin, Rome and Naples, stratified according to twin and non-twin status. A qualitative content analysis was performed with both deductive and inductive approaches. Emotional interactions analysis corroborated results.ResultsOne hundred and three individuals (49–91 yrs of age) participated. Female were 60%. Participants had scarse knowledge regarding PMBD. Factors affecting attitude towards donation were: concerns, emotions, and misconceptions about donation and research. Religion, spirituality and secular attitude were implied, as well as trust towards research and medical institutions and a high degree of uncertainty about brain death ascertainment. Family had a very multifaceted central role in decision making. A previous experience with neurodegenerative diseases seems among factors able to favour brain donation.ConclusionsThe study sheds light on healthy individuals’ attitudes about PMBD. Brain had a special significance for participants, and the ascertainment of brain death was a source of debate and doubt. Our findings emphasise the importance of targeted communication and thorough information to promote this kind of donation, within an ethical framework of conduct. Trust in research and health professionals emerged as an essential factor for a collaborative attitude towards donation and informed decision making in PMBD. (shrink)

Parents of children who died following complex heart surgery have recently discovered that organs were removed and retained in post-m.

This essay considers the question of conversion unto repentance, as an act of cognition and volition, by the separated soul in the post‐mortem state. It primarily explicates and interrogates Thomas Aquinas's various attempts to rule out this possibility for the damned. Since Thomas's arguments for such impossibility feature his commitment to the radical immateriality of the human soul—and, like it, the angelic spirit—the essay highlights the ontological and moral tensions within that account. The case is thus made for (...) the ontological, logical, and moral inconsistencies of his position, in pursuit of a more holistic anthropology across the soul's various states and a more rationally and coherent eschatology—namely, an affirmation of the irreducible mutability of the created soul on its way towards likeness to God, perhaps, if not certainly, towards universal salvation. (shrink)

This paper appeals to certain popular doctrines about human welfare and morality to offer a new response to the problem of hell. In particular, I contend that the combination of desire satisfactionism, a subjective theory about welfare, with an objective theory of morality leads to a surprisingly intuitive and compelling argument for the consistency of the post-mortem punishment of people in hell with the existence of an omniperfect God. In fact, under these conditions, the existence of such a (...) divine being may actually require that there be at least some type of hell/post-mortem punishment. Finally, I suggest that positing the existence of hell can strengthen desire satisfactionism against an objection tied to base or immoral desires. (shrink)

Background The use of tissue collected at a forensic post-mortem for forensic genetics research purposes remains of ethical concern as the process involves obtaining informed consent from grieving family members. Two forensic genetics research studies using tissue collected from a forensic post-mortem were recently initiated at our institution and were the first of their kind to be conducted in Cape Town, South Africa. Main body This article discusses some of the ethical challenges that were encountered in (...) these research projects. Among these challenges was the adaptation of research workflows to fit in with an exceptionally busy service delivery that is operating with limited resources. Whilst seeking guidance from the literature regarding research on deceased populations, it was noted that next of kin of decedents are not formally recognised as a vulnerable group in the existing ethical and legal frameworks in South Africa. The authors recommend that research in the forensic mortuary setting is approached using guidance for vulnerable groups, and the benefit to risk standard needs to be strongly justified. Lastly, when planning forensic genetics research, consideration must be given to the potential of uncovering incidental findings, funding to validate these findings and the feedback of results to family members; the latter of which is recommended to occur through a genetic counsellor. Conclusion It is hoped that these experiences will contribute towards a formal framework for conducting forensic genetic research in medico-legal mortuaries in South Africa. (shrink)

Faithful persons tend to relate to their religious beliefs as truth claims, particularly inasmuch as their beliefs have soteriological implications for those of different religions. For Christians the particular claims which matter most in this regard are those made by Jesus of Nazareth and his claims are primarily relational in nature. I propose a model in which we understand divine grace from Jesus as being mediated through relational knowledge of him on a compassionately exclusivist basis, including post-mortem. Supporting (...) this model, I draw from Eleonore Stump’s hypothesis in her 2018 Atonement that the crucifixion of Jesus opens the divine psyche to all human psyches sufficiently for salvific mutual indwelling to occur, and from Gavin D’Costa’s conception of the descensus Christi ad inferos as the mechanism for grace’s accessibility post-mortem presented in his 2009 Christianity and World Religions. This model seeks to address ongoing, justified pastoral concern for the soteriological status of non-Christians while still treating Christianity as objectively true. (shrink)

The emergence of Thanabots —artificial intelligence systems designed to simulate deceased individuals—presents unprecedented challenges at the intersection of artificial intelligence, legal rights, and societal configuration. This short policy recommendations report examines the legal, social and psychological implications of these posthumous simulations and argues for their prohibition on ethical, sociological, and legal grounds.