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Author Topic:   Legal Death, Legal Life
RAZD
Member (Idle past 1427 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 37 of 40 (827782)
02-01-2018 10:19 AM
Reply to: Message 36 by Pressie
02-01-2018 7:24 AM


Legal Life/Death based on medical science and ethics
RAZD writes:
Both my parents had "Do not resuscitate" provisions in their living wills. They were in their 90's.
I have a "turn off the machines when I'm a veggie op anyone else has to clean my diapers" clause in my will. I'm in my fifties. Not the same words, but that's the idea. I don't speak Legalise.
Indeed. The point we are making is that we have choice in how to terminate our lives, that this choice is based on medical knowledge and on ethics considerations for the patients. These ethical considerations have been developed over many years, and includes considerations for people of different religions to have different views.
One of the main benefits of this definition is that it allows for organ transplants to be made while the pertinent cells are still living and usable. This provides benefits for society.
The legal standard of death is very clear - from What is the medical definition of death? (click):
UNIFORM DETERMINATION OF DEATH ACT
1. [Determination of Death.] An individual who has sustained either
(1) irreversible cessation of circulatory and respiratory functions, or
(2) irreversible cessation of all functions of the entire brain, including the brain stem, are dead.
A determination of death must be made in accordance with accepted medical standards.
From this definition it is then possible to define when human life commences that would encompass those same medical and ethical considerations:
UNIFORM DETERMINATION OF LIFE
1. [Determination of Life.] An individual who has sustained either:
(1) irreversible instigation of circulatory and respiratory functions, and
(2) irreversible instigation of any functions of the (entire) brain, including the brain stem, is alive.
A determination of life should be made in accordance with accepted medical standards.
Note that this is derived logically from the legal definition of {death} to the form of the legal definition of {NOT death = life}, and thus it is legally applicable and morally, culturally as acceptable as the universal definition of death.
This also allows for transplants (stem cells) before this threshold is reached, should that be the wishes of the woman.
By these two bookends, we then define "Legal Human Life" to be
UNIFORM DETERMINATION OF HUMAN LIFE
1. [Determination of Human Life.] A human DNA based organism that is capable of
(1) fully operational circulatory and respiratory functions, and
(2) fully operational functions of the (entire) brain, including the brain stem,
- is a living/breathing functional human being.
A determination of life should be made in accordance with accepted medical standards.
Enjoy

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This message is a reply to:
 Message 36 by Pressie, posted 02-01-2018 7:24 AM Pressie has not replied

Replies to this message:
 Message 38 by PaulK, posted 02-01-2018 10:45 AM RAZD has replied

  
RAZD
Member (Idle past 1427 days)
Posts: 20714
From: the other end of the sidewalk
Joined: 03-14-2004


Message 39 of 40 (827798)
02-01-2018 12:19 PM
Reply to: Message 38 by PaulK
02-01-2018 10:45 AM


Re: Legal Life/Death based on medical science and ethics
In strict logic NOT (a OR b) = (NOT a) AND (NOT b)
I thought that was what I had if we replace cumberson "NOT cessation" with instigation, the beginning of a functioning system rather than the termination of it.
You should also remove irreversible from your determination of life as it currently seems to mean that only immortals would be considered alive
Agreed. I think this has been raised before and I was lax to not update.
UNIFORM DETERMINATION OF FUNCTIONAL BEGINNING
1. [Determination of Life.] An individual who has sustained either:
(1) beginning of circulatory and respiratory functions, and
(2) beginning of any functions of the (entire) brain, including the brain stem, is alive.
A determination of life should be made in accordance with accepted medical standards.
... But obviously the determination of life should allow that it is possible to stop the processes)
At either end of the spectrum.
You start with a zygote, and the probability of it becoming a living breathing human is low. The probability improves as time passes and a miscarriage does not occur, until at birth and the first breath is taken (still births do occur).
The probability of revival is also related to time passed since life support was instigated, decreasing over time. You end with a cadaver, and the probability of revival is nil.
Enjoy
Edited by RAZD, : .

we are limited in our ability to understand
by our ability to understand
RebelAmerican☆Zen☯Deist
... to learn ... to think ... to live ... to laugh ...
to share.


Join the effort to solve medical problems, AIDS/HIV, Cancer and more with Team EvC! (click)

This message is a reply to:
 Message 38 by PaulK, posted 02-01-2018 10:45 AM PaulK has replied

Replies to this message:
 Message 40 by PaulK, posted 02-01-2018 12:46 PM RAZD has seen this message but not replied

  
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