Governing organ donation: the dead body, the individual and the limits of medicine

Author(s):  
Órla O’Donovan

This chapter focuses on governmental dilemmas and practices around the dead body in recent political debates about organ donation. Drawing on a public consultation process initiated by the Joint Committee on Health and Children in 2013 on a proposal to change the organ donation system in Ireland from one based on ‘opting in’, to one based on ‘presumed consent’, this chapter explores the political rationalities that underpinned the construction of organ donation as a ‘problem’, and the ways in which the Irish state has sought to act through its citizens to transform the prevailing cultural attitude to organ donation. The chapter reveals how governmental shaping of people’s subjectivities and dispositions in relation to organ donation was necessarily complex and messy, reflected in the different rationalities articulated in public hearings which invoked ideas about the dead body, the rights of the individual and the family, and the limits to medicine. The chapter draws attention to the significance of counter conducts or forms of resistance in defining and articulating policy problems: thus, whilst the overriding construction of the organ donation problem by the government was one of a scarcity of organs and a low donation rate, counter-discourses pointed to an ineffective and poorly-resourced health system.

2018 ◽  
Vol 50 (2) ◽  
pp. 358-361 ◽  
Author(s):  
L. Martínez-Alarcón ◽  
A. Ríos ◽  
A.I. López-Navas ◽  
A. Sáez-Acosta ◽  
G. Ramis ◽  
...  

Author(s):  
Tiffany Jenkins

In October 2011, graphic images of a blood-stained and dead Muammar Gaddafi were sent around the internet. For some time after his death, his dead body was displayed at a house in Misrat, where masses of people queued to see it. His corpse provided a focus for the Libyan people, as proof that he really was dead and could finally be dominated. When Osama bin Laden was killed by the American military in May that same year, unlike Gaddafi, the body was absent, but the absence was significant. Shortly after he was killed a decision was taken not to show pictures of the dead body and it was buried at sea. The American military appear to have been concerned it would become a physical site for his supporters to congregate, and the photographs used by different sides in a propaganda war. Both cases reflect an aim to control the dead body and associated meanings with the person; that is not unusual: after the Nuremberg trials, the Allied authorities cremated Hermann Göring—who committed suicide prior to his scheduled hanging—so that his grave would not become a place of worship for Nazi sympathizers. These examples should remind us that dead bodies have longer lives than is at first obvious. They are central to rituals of mourning, but beyond this, throughout history, they have also played a role in political battles and provided a—sometimes contested—focus for reconciliation and remembrance. They have political and social capital and are objects with symbolic potential. In The Political Lives of Dead Bodies the anthropologist Katherine Verdery explores the way the dead body has been used in this way and why it is particularly effective. Firstly, she observes, human remains are effective symbolic objects because their meaning is ambiguous; that is whilst their associated meanings are contingent on a number of factors, including the individual and the cultural context, they are not fixed and are open to interpretation and manipulation: ‘Remains are concrete, yet protean; they do not have a single meaning but are open to many different readings’ (Verdery 1999: 28).


Hegel's Value ◽  
2021 ◽  
pp. 222-275
Author(s):  
Dean Moyar

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.


2014 ◽  
Vol 17 (2) ◽  
pp. 229-247 ◽  
Author(s):  
Kirsi O. Lorentz

This paper focuses on how the human body, and the dead body in particular, was used to create social categories and identities in prehistoric Cyprus. Specifically, it explores how a particular condition, such as death, was integrated into social processes, and how the treatment of dead bodies both created and reinforced social categories and identities. The material the paper focuses on is the mortuary evidence from Chalcolithic Cyprus (3800–2300 BC). In particular, it argues that the extensive, intentional manipulation of dead bodies and human remains visible in Cypriot Chalcolithic cemeteries was aimed at integrating the individual to communal, collective wholes on the occasion of death and during the time period that followed.


Author(s):  
Mark Thomas ◽  
Claire McGourlay

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid — meaning state-funded assistance in legal matters — is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.


2014 ◽  
Vol 8 (1) ◽  
pp. 56-75 ◽  
Author(s):  
Margot Hurlbert

Purpose – This paper hypothesizes that in respect of developing nuclear energy, utilizing one process, on one occasion, and with only the development of nuclear energy as the “policy problem” on which consultations are based will not be successful; a more successful model occurs over the long term, utilizes an iterative process of engagement, and multiple framing of related energy issues (in addition to the development of nuclear energy). The paper aims to discuss these issues. Design/methodology/approach – This paper reviews and analyzes the framing of issues and chosen mechanisms of public consultations employed by the Government of Saskatchewan in relation to the nuclear energy future for Saskatchewan. These mechanisms are reviewed based on the perceptions and comments made by members of the public within the consultations which were recorded, coded and analysed, as well as a series of semi-structured qualitative interviews with key personnel involved in the consultation process. The three mechanisms of public participation employed by the Government of Saskatchewan are analyzed and evaluated and a model developed to facilitate the analysis. Findings – Alternative measures of successful participation are useful. The framing of issues, the time frame of analysis, and quality of communication flows are all determinative of success. The utilization of a combination of participatory mechanisms is also beneficial. An optimal strategy of public consultations respecting energy is developed based on interviews with key personnel in the policy field. Research limitations/implications – This research is based only on the perceptions of participants expressed within the participatory processes and key personnel in the energy policy field of Saskatchewan. Originality/value – This paper offers a model linking several policy considerations useful to future energy policy public consultations.


Laws ◽  
2019 ◽  
Vol 8 (4) ◽  
pp. 35 ◽  
Author(s):  
Kcasey McLoughlin ◽  
Alex O’Brien

Feminist legal theorists have had something of an uneasy relationship with law reform. Although feminist academics and lawyers have contributed much to law reform efforts that have sought to improve women’s lives, feminists have nonetheless taken divergent positions regarding the extent to which these efforts can truly dismantle the masculinist character of law through law reform projects. This article revisits these tensions and, in so doing, seeks to better understand the extent to which feminists can meaningfully contribute to law reform projects. The criminalisation of image-based sexual abuse in New South Wales (Australia) serves as a case study to examine and re-examine these tensions. In September 2016, the New South Wales government announced that it was proposing to criminalise the distribution of certain images without consent. Following a public consultation process, the government legislated for a new offense directed at the distribution of these images. Although there is certainly not one all-encompassing feminist understanding of image-based sexual abuse, the importance of understanding this practice as abuse and as existing within a culture that normalises and sustains nonconsensual activity nonetheless has been a key feminist concern in agitating for law reform in this area. This article examines the extent to which the legislative response took seriously the harms engendered by image-based sexual abuse.


Subject Constitutional reform concerns. Significance On April 13, the government launched a public consultation process as part of its plan to write a new political constitution that it expects to present to Congress in the second half of next year. That process is part of a strategy through which the government is seeking to wriggle out of the last of the main constraints imposed by the 1980 constitution -- the supermajorities in Congress it requires for its reform. Impacts Debate is focusing thus far on the mechanism for constitutional reform, rather than its content. Constitutional reform may emerge as a key issue in the October municipal elections. Business leaders argue that the drawn-out reform process will undermine confidence to the detriment of investment.


Author(s):  
Mark Thomas ◽  
Claire McGourlay

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid—meaning state-funded assistance in legal matters—is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.


2013 ◽  
Vol 8 (2) ◽  
pp. 223-240
Author(s):  
Antje Kahl

Today in Germany, religion and the churches forfeit their sovereignty of interpretation and ritual concerning death and dying. The funeral director is the first point of contact when death occurs. Therefore he or she is able to influence the relationship between the living and the dead. In the course of this development, the dead body, often referred to as dirty and dangerous, is being sanitized by funeral directors. Funeral directors credit the dead body with a certain quality; they claim that facing the dead may lead to religious or spiritual experiences, and therefore they encourage the public viewing of the dead – a practice which was, and still is not very common in Germany. The new connotation of the dead body is an example for the dislimitation of religion in modern society. The religious framing of death-related practises no longer exclusively belongs to traditional religious institutions and actors, but can take place in commercial business companies as well.


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