Alternative to Brain Death

This article criticizes a range of assumptions that proponents of brain death usually share. It argues that one of the main contentions made in defense of brain death – that the brain is necessary for integrated functioning in a human organism – is mistaken. It then sketches an alternative account of human death that distinguishes between the biological death of a human organism and the death or ceasing to exist of a person.     

刍论中国脑死亡立法

＂脑死亡＂立法属于科技含量高,人权及伦理学混杂的法律进程。全文对脑死亡立法作了理论基础分析,对脑死亡立法的必要性,目前面临的主要问题作了探讨,提出对脑死亡立法的建议。     

论脑死亡标准中的法律问题

随着医学科学的迅速发展 ,传统的死亡标准已不能适应现实的需要 ,更阻碍了有关医学的进一步发展。有学者提出脑死亡概念 ,国外也有相关立法 ,我国脑死亡立法也已进入实质性程序。本文对脑死亡的概念、意义、标准及国外的规定作了初步的阐述 ,并对我国的立法提出建议。     

小鼠死后骨骼肌、心、肝、肾、脑细胞核中DNA的变化规律

目的 研究小鼠器官细胞核中DNA降解变化与死亡时间的关系,为法医学推断死亡时间提供一种新方法.方法 应用单细胞凝胶电泳技术结合荧光显微镜和计算机图像分析技术,测定小鼠在死后72h内不同时间点骨骼肌、心、肝、肾、脑细胞核头DNA含量、尾DNA含量、头半径、尾长度、尾矩、Olive矩、头面积、尾面积8项参数的变化值.结果 在小鼠死亡72h内,彗星尾DNA含量、尾长度、尾矩、Olive矩、尾面积都呈增加趋势,头DNA舍量、头半径、头面积均呈下降趋势.计算出体现DNA降解趋势的二项式回归方程(P<0.001)和多元回归方程(P<0.0001).结论 本研究提供的各组回归方程,可为法医学推断死后经过时间提供一种新的方法.     

脑干脑炎急死疑为捂死1例

1案例1.1简要案情李某,男,40岁,保安。某年12月28日以"咽喉梗阻感、呼吸困难2天"为主诉于某医院住院治疗,查体:"咽喉、会厌充血",诊断"急性咽喉炎"。经头孢类抗生素输液     

Dominions: Law, Literature, and the Right to Death

The 'curious right' attending modernity and revealed in Blanchot's 'Literature And the Right to Death' could be readily reduced to that sovereign right to take life which ultimately subordinates law. Yet, so the argument runs, with that same curious right law surpasses sovereignty. And it does so by way of its similarity to literature. What will uncover that surpassing by law, and by literature, will be a pervasive concern with death as the horizon of the law.     

上海地区非法行医致孕妇死亡案例回顾性研究

目的研究上海地区非法行医致孕妇死亡案例并分析其特点,探究其形成原因及预防机制。方法收集本研究所2001～2005年接受上海市公安机关委托非法行医致孕妇死亡案例11例,按照孕妇情况、死亡原因及非法行医者的诊疗措施等进行分类整理分析。结果非法行医致孕妇死亡的原因多为产后大出血、羊水栓塞,多伴软产道裂伤。孕妇多未进行正规产前检查,到缺乏必要医疗条件的个体非法行医者处或者家中分娩,非法行医者往往存在不正当应用催产素,强行分娩,未采取及时有效抢救措施。     

Death, dying, and domination

This Article critiques conventional liberal arguments for the right to die on liberal grounds. It contends that these arguments do not go far enough to recognize and address private, and in particular structural, forms of domination. It presents an alternative that does, which is thus more respectful of true freedom in the context of death and dying, and also more consistent with liberalism. After discussing obstacles to the achievement of a right to die that encompasses freedom from both public and private domination, the Article closes with a significant reform project within bioethics that might help bring it about.     

Owning up to our Agendas: On the Role and Limits of Science in Debates about Embryos and Brain Death

The ethical issues integral to embryo research and brain death are intertwined with comprehensive views of life that are not explicitly discussed in most policy debate. I consider three representative views – a naturalist, romantic, and theist – and show how these might inform the way practical ethical issues are addressed. I then consider in detail one influential argument in embryo research that attempts to bypass deep values. I show that this twinning argument is deeply flawed. It presupposes naturalist commitments that are at issue in the embryo research debate, and exhibits a blindness to alternative philosophical viewpoints. By considering the work of Hans Driesch, the discoverer of the facts of embryology integral to the twinning argument, I show how the twinning facts are compatible with romantic and theistic accounts that affirm full moral status for the early embryo. While these alternative interpretations might have a tenuous status in current scientific debate, they should be respected in ethical and policy debate.     

'The Lady Doth Protest Too Much' Kosovo, and the Turn to Ethics in International Law

Most international lawyers approved of the 1999 bombing of Serbia by the members of the North Atlantic alliance. But most of them also felt that it was not compatible with a strict reading of the UN Charter. The article describes the argumentative techniques through which international lawyers tried to accommodate their moral intuitions with their professional competence. The urge to achieve this, the article argues, arose from a general turn to ethics in the profession that has been evident since the end of the Cold War. This has often involved a shallow and dangerous moralisation which, if generalised, transforms international law into an uncritical instrument for the foreign policy choices of those whom power and privilege has put into decision-making positions.     

Too risk averse to stay honest?: Business corruption,uncertainty and attitudes toward risk

The presence of business-corruption provokes firms to make choices between legal business approaches and illegal bribery. The outcome of a chosen strategy will usually be uncertain at the time the decision is made, and a firm’s decision will depend partly on its attitude towards risk. Drawing on empirical results about business corruption, this paper describes the risks, uncertainties and benefits attached to bribery, and specifies their impact on firms’ propensity to offer bribes. It then demonstrates how risk averse firms can be more inclined to offer bribes than risk neutral and risk attracted firms.     

Good Faith,Flawed Assets and the Emasculation of the UK Anti‐Deprivation Rule

The Supreme Court's unanimous decision in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc is of major significance to lenders, especially those in the global structured finance market. This case confirms the validity of commonly used insolvency‐triggered secured‐priority flip clauses, and, more generally, suggests a dramatically reduced role for the common law anti‐deprivation principle. The decision may not fully resolve market uncertainty, however, given the particular analysis adopted in the case itself (analysed here) and its divergence from the US statutory approach to the same principle.     

Death as a result of asthma in Wayne County Medical Examiner cases, 1975-1987

All deaths ascribed to asthma in the 5-to-40-year age group at the Wayne County Medical Examiners' Office were reviewed from 1975 to 1987 inclusive. Fifty-eight deaths were attributed solely to asthma, and the annual number increased fivefold in the 1980s to a rate of approximately 0.5 per 100,000 per year when extrapolated to the Wayne County population. Blacks were overrepresented to double their proportion in the general population. Almost all cases were known asthmatics, and many had received previous emergency care. Most fatalities occurred at night and did not demonstrate any seasonal variation. The onset of the fatal attack was apparently very rapid in most cases, with many engaged in routine activities and few surviving any length of time in hospital or having sought treatment earlier. Our data reveal a significant increase in sudden death in previously well asthmatics in Wayne County in the 1980s. Similar increases in deaths as a result of asthma have been noted previously in other countries for reasons that remain unclear.     

过敏性和冠心病猝死者心肌组织中肥大细胞类胰蛋白酶、脑利钠肽的表达

目的探讨肥大细胞类胰蛋白酶、脑利钠肽(brain natriuretic peptide,BNP)在过敏性猝死和冠心病猝死鉴别诊断中的意义。方法选取山西医科大学法医病理学教研室2010—2015年尸检案例心肌标本共30例,分为颅脑损伤致死组、过敏性猝死组、冠心病猝死组,每组各10例。采用免疫荧光染色和Western印迹法分析各组心肌组织肥大细胞类胰蛋白酶和BNP的表达。结果过敏性猝死组、冠心病猝死组心肌组织内肥大细胞类胰蛋白酶免疫荧光染色均出现阳性染色;三组间两两比较,表达差异均具有统计学意义(P0.05)。冠心病猝死组心肌组织内BNP的表达量高于过敏性猝死组、颅脑损伤致死组(P0.05),过敏性猝死组与颅脑损伤致死组之间差异无统计学意义(P0.05)。结论联合检测心肌组织内肥大细胞类胰蛋白酶、BNP有望为过敏性猝死和冠心病猝死的法医学鉴别诊断提供帮助。