Philosophy Commons^™

Justifying A Standard Of Death, Michael Milhim

Honors Projects

There are three major positions in the legal definition of death debate: the cardio-pulmonary standard, the whole-brain standard, and the higher-brain standard. Prominent arguments for each standard appeal to a theory of human persistence. I’ll contend that these arguments fail for two reasons: the metaphysical underpinnings of the arguments are not decisive, and even if they are decisive, they may not be the right policy to enact. The later of these is more practically important than the former.