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Conscience in health care and the definitions of death

Yutaka Kato ; Department of Bioethics, Graduate School of Medicine, Dentistry and Pharmaceutical Sciences, Okayama University, Okayama, Japan

Puni tekst: engleski pdf 68 Kb

str. 75-77

preuzimanja: 720



Abstract Brain death or neurologic death has gradually become
recognized as human death over the past decades
worldwide. Nevertheless, in Japan, the New York State, and
the State of New Jersey, one can be exempt from death determination
based on neurologic criteria even in the state
of brain death. In Japan, the 1997 Act on Organ Transplantation
legalized brain death determination exclusively when
organs were to be procured from brain-dead patients. Even
after the 2009 revision, the default definition of death continued
to be cardio-pulmonary criteria, despite the criticism.
The cases of Japan and the United States provide a
good reference as social experiments of appreciating conscientious
or religio-cultural dimensions in health care. This
text theoretically examines the 1997 Act on Organ Transplantation
of Japan and its 2009 revision, presenting some
characteristics of Japan’s case compared to American cases
and the implications its approach has for the rest of the
world. This is an example in which a foreign idea that did
not receive widespread support from Japanese citizens was
transformed to fit the religio-cultural landscape.

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