The Case for 'Brain Death' Legislation: A Response to the Critics

William Manning


Howard J. Vogel

Hamline University - School of Law

January 1, 1979

Minnesota Medicine, Vol. 62, p. 121, 1979

In 1979 Minnesota Legislature considered legislating the concept of “brain death.” Controversy about this proposal is prompted by confusion of the issues involved. Arguments of the opponents of brain death are answered. The authors do not focus on theological and philosophical questions about life, death, the quality of life, and nature of human personality as they posit that society may not yet have the answers. Rather, this article focuses on physicians, families, judges, and other important actors in the human drama of healthcare who are daily called upon to perform their roles under circumstances in which their specific responsibilities to a patient are defined by the question of brain death. The authors argue that society must come to grips with “brain death” through enacting that concept into legislation.

Number of Pages in PDF File: 7

Keywords: Brain death, brain dead, health law

JEL Classification: K00, K32, I12

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Date posted: April 3, 2013  

Suggested Citation

Manning, William and Vogel, Howard J., The Case for 'Brain Death' Legislation: A Response to the Critics (January 1, 1979). Minnesota Medicine, Vol. 62, p. 121, 1979. Available at SSRN: https://ssrn.com/abstract=1929588

Contact Information

William Manning
Independent ( email )
Howard J. Vogel (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
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