Orr and Siegler have recently defended a restrictive view concerning posthumous sperm retrieval and conception, which would limit insemination to those cases where the deceased man has provided explicit consent for such a procedure. The restrictive view dominates current law and practice. A permissible view, in contrast, would allow insemination and conception in all but those cases where the posthumous procedure has been explicitly refused, or where there is no reasonable evidence that the deceased person desired (...) children. I describe a phenomenology of procreative desires which supports the permissible view, and which is compatible with requirements concerning the interests of the decedent, concepts of medical infertility, and the welfare of the future child. The account illustrates how our current obsession with individual rights and autonomy can be self-defeating and repressive. (shrink)

Hard cases make bad law. In a matter of months, two such cases involving assisted reproduction have appeared before the U.K. High Court and legislation has been enacted. The common threads between them are consent and fatherhood. The first case concerns a ‘mistake’ resulting in sperm from the wrong man being used to create an embryo for a couple and the second the revocation of consent by a man to his former partner being allowed to use an embryo they created (...) together. Furthermore, Parliament has intervened, passing legislation which sets out when sperm from a dead man may be used by his former partner to generate an embryo. This note argues that the three developments cannot be reconciled with one another and that the cases in particular, decided on a narrow legal basis, convey contradictory messages, leading in at least one instance to a gross injustice. (shrink)

Embryo litigation -- Access to ART treatment : insurance and discrimination -- General professional liability litigation -- Paternity and donor insemination -- Maternity and egg donation -- Traditional and gestational surrogacy arrangements -- Posthumous reproduction : access and parentage -- Same-sex parentage and ART -- Genetics (PGD) and ART -- ART-related embryonic stem cell legal developments -- ART-related adoption litigation -- ART-related fetal litigation and abortion-related litigation.

Posthumous Life launches critical life studies: a mode of inquiry that neither endorses nor dismisses a wave of recent "turns" toward life, matter, vitality, inhumanity, animality, and the real. Questioning the nature and limits of life in the natural sciences, the essays in this volume examine the boundaries and significance of the human and the humanities in the wake of various redefinitions of what counts as life. They explore the possibility of theorizing life without assuming it to be either (...) a simple substrate or an always-mediated effect of culture and difference. Posthumous Life provides new ways of thinking about animals, plants, humans, difference, sexuality, race, gender, identity, the earth, and the future. (shrink)

Artificial insemination using the husband's semen (AIH) has always seemed more acceptable than the same procedure using donor semen. However, the layman may not even have thought of the legal problems or the moral dilemma if in fact a woman is inseminated using her husband's frozen semen after his death. In the USA there are already sperm banks set up by private individuals, generally for the use of those marriage partners when the husband has had a vasectomy and afterwards (...) a child is desired. If such private sperm banks were set up in Britain complex legal problems would follow, quite apart from the moral issue as to whether it was desirable to bring a child into the world deliberately having deprived him of a father from the start. These are the issues which Mr Cusine thinks should be carefully considered before doctors, lawyers and the women potentially concerned are confronted with a new dilemma. (shrink)

Posthumous Fragments: Spring–Autumn 1881 [Excerpts].

The posthumous -- Fragments -- Toward a memory of the future: cinema, memory, history -- The image and the "trait" -- Postscript: l'arrêt de mort.

This article delves into the legal developments, bioethical nuances, and societal perspectives surrounding posthumous sperm use, particularly in the context of soldiers falling during their service. It analyzes the Israeli example during The Swords of Iron War, where the bioethical dilemma is decided based on national solidarity, beyond the “clean” bioethical-legal discussion.

Based on a case that happened in 2001 in China, the author wants to show the ethical and legal issues arising from a woman's wish, which should be her basic right to have a child by assisted reproduction technology. This paper attempts to analyse if there is some relationship between bioethics and happiness, and to find if there is some reason that bioethics should provide help for those whoever need it. The case is about a woman whose husband was sentenced (...) to death, she applied to court to allow her to have a child for her husband by artificial insemination of her husband. The conclusion of paper is that there is no direct relationship between bioethics and happiness, virtue and vice of bioethics not only depends on its moral background, but also the legal system, social psychology and other social circumstances. (shrink)

Can posthumous love be rationally comprehensible for us to talk about? In this research article, I look into some Renaissance writings on Christian ethics that talk about posthumous love as if there are some virtues in it that deserve to be praised. I try to show that the most notable virtues that can be seen in posthumous love are honesty in love as well as the intention to keep a promise to cherish the eternal love in married (...) couples even after their death. If it is accepted that posthumous love is considered a morally rational virtue for these Renaissance Christian writers, there will still be a question, namely, on what criterion it should be based for us to talk about that promise. In this article, I show that the reverence of true love and faithfulness in love can be found in medieval Christian and Renaissance philosophy throughout Christian theological writings, especially in Robert Grosseteste’s notion of caritas. Next, I argue, based on Nicholas Rescher’s definition of rationality as human resource and Huw Price’s anthropological explanative power of concepts, that keeping a promise of posthumous love is a rational virtue. My argument is based on an idea that rationality is durable. This is because, as I will also argue, love is invincible. durability thesis of rationality reflected in the invincibility-of-love thesis through Rescher’s erotetic principle in metaphysical questioning strengthened with Price’s respond-dependence. (shrink)

Can posthumous love be rationally comprehensible for us to talk about? In this research article, I look into some Renaissance writings on Christian ethics that talk about posthumous love as if there are some virtues in it that deserve to be praised. I try to show that the most notable virtues that can be seen in posthumous love are honesty in love as well as the intention to keep a promise to cherish the eternal love in married (...) couples even after their death. If it is accepted that posthumous love is considered a morally rational virtue for these Renaissance Christian writers, there will still be a question, namely, on what criterion it should be based for us to talk about that promise. In this article, I show that the reverence of true love and faithfulness in love can be found in medieval Christian and Renaissance philosophy throughout Christian theological writings, especially in Robert Grosseteste’s notion of caritas. Next, I argue, based on Nicholas Rescher’s definition of rationality as human resource and Huw Price’s anthropological explanative power of concepts, that keeping a promise of posthumous love is a rational virtue. My argument is based on an idea that rationality is durable. This is because, as I will also argue, love is invincible. durability thesis of rationality reflected in the invincibility-of-love thesis through Rescher’s erotetic principle in metaphysical questioning strengthened with Price’s respond-dependence. (shrink)

This paper traces the history of artificial insemination by selected donors as a strategy for positive eugenic improvement. While medical artificial insemination has a longer history, its use as a eugenic strategy was first mooted in late nineteenth-century France. It was then developed as ‘scientific motherhood’ for war widows and those without partners by Marion Louisa Piddington in Australia following the Great War. By the 1930s AID was being more widely used clinically in Britain as a medical solution (...) to male infertility for married couples. In 1935 English postal clerk, Herbert Brewer, promoted AID as the socialization of the germ plasm in a eugenic scheme. The next year Hermann Muller, American Drosophila geneticist and eugenicist, presented his plan for human improvement by AID to Stalin. Some twenty years later, Muller, together with Robert Klark Graham, began planning a Foundation for Germinal Choice in California. This was finally opened in 1980 as the first practical experiment in eugenic AID, producing some 215 babies over the twenty years it functioned. While AID appeared to be a means of squaring a eugenic circle by separating paternity from love relationships, and so allowing eugenic improvement without inhibiting individual choice in marriage, it found very little favour with those who might use it, not least because of a couple’s desire to have their ‘own’ children has always seemed stronger than any eugenic aspirations. No state has ever contemplated using AID as a social policy. (shrink)

Daniel Sperling discusses the legal status of posthumous interests and their possible defeat by actions performed following the death of a person. The author first explores the following questions: Do the dead have interests and/or rights, the defeat of which may constitute harm? What does posthumous harm consist of and when does it occur, if at all? This is followed by a more detailed analysis of three categories of posthumous interests arising in the medico-legal context: the proprietary (...) interest in the body of the deceased, the testamentary interest in determining the disposal of one's body after death and the interest in post-mortem medical confidentiality. Sperling concludes that if we acknowledge the interest in one's symbolic existence and legally protect it, not only do some interests survive a person's death but we should also enjoy a peremptory legal power to shape in advance our symbolic existence after death. (shrink)

Résumé Cet article traite des rapports entre les processus naturels et l’intervention humaine à partir d’une réflexion sur la sélection en matière d’’insémination artificielle animale et humaine. Il étudie comment les discours de promotion et de justification de l’insémination se traduisent dans les pratiques des professionnels, dans la France du XXe siècle. De l’entre-deux-guerres jusqu’à l’institutionnalisation des banques de sperme dans les années 1970 et 1980, la sélection est au cœur de négociations sociales constantes. Initialement promue à des fins de (...) sélection drastique, l’insémination artificielle humaine relève principalement d’une « production du normal ». La sélection se heurte, en médecine, à des contraintes à la fois normatives, structurelles et matérielles qui en restreignent le périmètre, l’intensité et la portée, y compris avec les techniques de la génétique humaine. Il s’agit alors de comprendre dans quelles conditions une sélection de facto voire un eugénisme systémique peuvent exister en dépit de la forte vigilance éthique revendiquée par les acteurs. (shrink)

In recent years, progress in cancer treatment has greatly increased the chances of recovery. Yet, treatment may have irreversible effects on patients’ fertility. In order to protect future fertility, preservation of ovarian tissue may be offered today even to very young girls, involving a surgical procedure that may be performed by minimally invasive laparoscopy, under general anesthesia. However, in the tragic event of a girl’s death, questions may arise regarding the possible use of the preserved ovarian tissue by her parents. (...) Should posthumous reproductive use of ovarian tissue without the girl’s prior consent (due to her young age) be considered a violation of her rights? On the other hand, can it be argued that it is in the interest of a child who died young to leave a genetic trace through posthumous reproduction, because genetic continuity is in the interest of every human being? After presenting the relevant clinical facts, we explore the ethical dimensions of this possible practice through an analysis of the interests of the deceased, her parents, and the child that may be born posthumously. (shrink)

_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting (...) that the dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

Posthumous publication of Ayn Rand's novella Ideal and her play The Unconquered provides an opportunity to assess her early work. The Unconquered is an unfortunate theatrical dramatization of her novel We the Living. Ideal, which was written first as a novella and then as a play, is the inadequate presentation of a provocative idea. Editorial packaging of The Unconquered is extensive and informative; of Ideal, slight and confused. Especially regrettable is the theory of genres presented in place of editorial (...) commentary on Ideal. (shrink)

Intrauterine insemination is one of many treatments provided to infertility patients. Many factors such as, but not limited to, quality of semen, the age of a woman, and reproductive hormone levels contribute to infertility. Therefore, the aim of our study is to establish a statistical probability concerning the prediction of which groups of patients have a very good or poor prognosis for pregnancy after IUI insemination. For that purpose, we compare the results of two analyses: Cluster Analysis and (...) Kohonen Neural Networks. The k-means algorithm from the clustering methods was the best to use for selecting patients with a good prognosis but the Kohonen Neural Networks was better for selecting groups of patients with the lowest chances for pregnancy. (shrink)

This paper is a comprehensive examination of the ethical issues surrounding artificial insemination. The interests of parents, AI children and society are identified and compared, and a variety of arguments for and against AIH and AID are examined. Although various criticisms of the natural law position are offered, this paper comes to the similar conclusion that donor artiricial insemination is not morally justified.

The question of whether individuals retain interests or can be harmed after death is highly contentious, particularly within the context of deceased organ retrieval, retention and use. This paper argues that posthumous interests and/or harms can and do exist in the Konkomba traditional setting through the concept of ancestorship, a reputational concept of immense cultural and existential significance in this setting. I adopt Joel Feinberg’s account of harms as a setback to interests. The paper argues that a socio-culturally sensitive (...) regulatory framework does not necessarily exclude the donation of human biomaterials for transplant and science research. Indeed, when customary values are explored with open-mindedness and sensitivity it may be shown that such donation can form part of the important customs of some communities in this jurisdiction. Accordingly, a context-appropriate governance framework could utilise the cultural value of ancestorship as an incentive to encourage organ donation in the Ghanaian traditional setting. (shrink)

After introducing the early work of philosophers such as Plato, Aristotle, Epicurus, Cicero, Machiavelli, and Kant on the matter, this book critically examines the literature over the past four decades on the topic of posthumous harm.

This paper reviews the technical and social problems concerned in donor insemination in the light of recent developments. The most important of these is the declining number of babies available for adoption by subfertile couples because modern methods and attitudes have reduced the number of unplanned births. At the same time the technique of donor insemination is being developed as public attitudes to it are changing.

In heterologous artificial insemination, the donation of gametes from a third person allows infertile and same-sex couples to become parents. Therefore, the child is genetica...

This paper explores some of the ethical implications of artificial insemination and in vitro fertilization. In both cases the emphasis is on the interests of the potential child. It concludes that in neither case is great optimism or great pessimism appropriate. About AID, much of the legal and ethical concern has been other than child-centered, and has focused mainly on the interests of parents and donors. Three aspects expecially remain troubling: donor selection, record-keeping and disclosure and the testing of (...) frozen semen. About further IVF research, approval appears justified, as long as remaining concerns about risk/safety and need are satisfied. (shrink)

In this paper we propose a conceptualization of ‘posthumous social status’ as a performative reality accomplished through collective actions that are materially and symbolically legitimated. We question the classical definitions of social status that lead to oversocialized theoretical models, and we argue for the necessity to reconsider the relation between social status and social roles in order to gain insight into the reality of a social presence after death. On this account, we claim that the prestige attached to one's (...) position in society is a social phenomenon produced through autopoietic systems of social influence rather than a pre-existent and stable feature embedded in hierarchical structures and actions. Therefore, we clarify the link between social status and systems of influence through a case study in which we discuss how the Christian-Orthodox tradition is socially organized as a powerful realm of doing posthumous social status. (shrink)

The desire-satisfactionist defense of the existence of posthumous harm faces the problem of changing desires. The problem is that, in some cases where desires change before the time of their objects, the principle underlying the desire-satisfactionist defense of posthumous harm yields implausible results. In his prominent desire-satisfactionist defense of posthumous harm, David Boonin proposes a solution to this problem. First, I argue that there are two relevantly different versions of the problem of changing desires, and that Boonin's (...) proposed solution addresses only one of them. Second, I argue that modifying the underlying principle is a better approach to overcoming the problem of changing desires since it addresses both versions of the problem. I defend this approach against objections by showing that the problems raised are problems for the principle as a general theory of harm, not for the principle as part of the desire-satisfactionist defense of posthumous harm. (shrink)

We have argued that it is rational to have asymmetric attitudes toward prenatal and posthumous non-existence insofar as this asymmetry is a special case of a more general (and arguably rational) asymmetry in our attitudes toward past and future pleasures. Here we respond to an interesting critique of our view by Jens Johansson. We contend that his critique involves a crucial and illicit switch in temporal perspectives in the process of considering modal claims (sending us to other possible worlds).

According to Epicurus (1966a,b), neither death, nor anything that occurs later, can harm those who die, because people who die are not made to suffer as a result of either. In response, many philosophers (e.g., Nagel 1970, Feinberg 1984, and Pitcher 1984) have argued that Epicurus is wrong on both counts. They have defended the mortem thesis: death may harm those who die. They have also defended the post-mortem thesis: posthumous events may harm people who die. Their arguments for (...) this joint view are by now quite familiar, and there is no need to rehearse them here (for a summary, see Luper 2002). Instead, our topic is a third position, which carves out intermediate ground between the other two. The intermediate view takes the mortem thesis for granted, like the critics of Epicurus, but rejects the post-mortem thesis, like Epicurus himself. For Epicurus’ project—the attainment of ataraxia, or equanimity—the intermediate view is almost useless (we are not tranquil if we regard death as a tragedy whose peculiarity is that it frees us from the possibility of any further misfortune); however, it is far more plausible than Epicurus’ own position since it avoids his absurd claim that death cannot harm us, while retaining his view that events occurring while we are dead and gone cannot harm us. According to the proponent of the intermediate view, when we understand the harm death inflicts, we must reject the idea that events following death can be bad for us. The damage death itself does is so severe that people are not subject to harm by any subsequent events. Thus the intermediate view rests on the mortem thesis together with the immunity thesis: death leaves its victims immune from posthumous harm. (shrink)

This volume contains all of Frege's extant unpublished writings on philosophy and logic other than his correspondence, written at various stages of his career.

This article argues that personal medical data should be made available for scientific research, by enabling and encouraging individuals to donate their medical records once deceased, similar to the way in which they can already donate organs or bodies. This research is part of a project on posthumous medical data donation developed by the Digital Ethics Lab at the Oxford Internet Institute at the University of Oxford. Ten arguments are provided to support the need to foster posthumous medical (...) data donation. Two major risks are also identified—harm to others, and lack of control over the use of data—which could follow from unregulated donation of medical data. The argument that record-based medical research should proceed without the need to secure informed consent is rejected, and instead a voluntary and participatory approach to using personal medical data should be followed. The analysis concludes by stressing the need to develop an ethical code for data donation to minimise the risks, and offers five foundational principles for ethical medical data donation suggested as a draft code. (shrink)

Bassan’s article on the posthumous use of sperm presents a complicated picture of Israeli law.1 On the one hand, as previous reviews show,2 Israel is unique in terms of the extent of this phenomenon. The number of applications to the courts to approve the use of sperm posthumously is substantial and has been increasing since the outbreak of the war on October 7. On the other hand, there is no clear legal policy in this area. In other words, Bassan’s (...) article shows that the rights of relevant parties in this context are not adequately regulated. This, as elaborated below, is the result of a lack of primary legislation, together with disagreement among relevant policymakers. The outcome is feelings of frustration, confusion, and even anger among the deceased’s close relatives.3. (shrink)

Six people were interviewed about the possibility of becoming posthumous body donors. Interview transcripts were analyzed using interpretative phenomenological analysis. Individual-level analysis suggested a common interest in Personhood Concerns and a common commitment to Enlightenment Values. Investigations of these possible themes across participants resulted in identification of two sample-level themes, each with two subthemes: Autonomy, with subthemes of agency and consent, and Rationality, with subthemes of knowledge/epistemology and materialism/ontology. This paper concentrates on the former. Consent for posthumous body (...) donation was felt to sometimes fall short of adequately identifying donors’ preferences about what happened after consent was given, even with respect to actions for which consent established permission. In turn, paucity of information about donors’ preferences limited others’ ability to act as proxy agents to facilitate donors’ posthumous autonomy. Thus, while consent may curtail violations of people’s autonomy by authorizing actions for which permission has been established, it may fall short of facilitating their autonomy in ways that might be possible with greater knowledge of those people’s desires. Alternative methods of establishing consent are explored that might better-determine people’s desires and thereby improve others’ ability to act as proxy agents for them to facilitate their subsequent (even posthumous) autonomy. (shrink)

A number of prominent nonconsequentialists support the thesis that we can wrong the dead by violating their moral claims. In contrast, this study suggests that the arguments offered by Thomson, Scanlon, Dworkin, Feinberg and others do not warrant posthumous rights because having claim-grounding interests requires an entity to have the capacity to experience significance. If dead people don't have this capacity, there is no reason to attribute claims to them. Raising doubts about prominent hypothetical examples of ‘no-effect injury’, the (...) study concludes that nonconsequentialists should consider adopting an error theory regarding posthumous claims, and suggests two alternative explanations of the relevant moral domains. (shrink)

This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine, and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be - and often are - remade from original models and plans long after the artist has (...) passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage and emotional aspects foreign to Western ideas. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies, and economics. (shrink)

This paper argues that the standard account of posthumous harm is untenable. The standard account presupposes the desire-fulfillment theory of welfare, but I argue that no plausible version of this theory can allow for the possibility of posthumous harm. I argue that there are, at least, two problems with the standard account from the perspective of a desire-fulfillment theorist. First, as most desire-fulfillment theorists acknowledge, the theory must be restricted in such a way that only those desires that (...) pertain to one’s own life count in determining one’s welfare. The problem is that no one has yet provided a plausible account of which desires these are such that desires for posthumous prestige and the like are included. Second and more importantly, if the desire-fulfillment theory is going to be at all plausible, it must, I argue, restrict itself not only to those desires that pertain to one’s own life but also to those desires that are future independent, and this would rule out the possibility of posthumous harm. If I’m right, then even the desire-fulfillment theorist should reject the standard account of posthumous harm. We cannot plausibly account for posthumous harm in terms of desire fulfillment (or the lack thereof). (shrink)

The commission of criminal wrongs is occasionally revealed after the wrongdoer’s death. In such cases, there seems to be a widely-shared intuition, which also frequently motivates many people’s actions, that the dead should still be blamed and that some response, not only stemming from civil society but also the state, to the criminal wrong is necessary. This article explores the possibility of posthumous blame and punishment by the state. After highlighting the deficiencies of the pure versions of retributivism and (...) general deterrence theory, but also the potential in the latter, it argues for a political theory of the criminal law, which views institutions of punishment as the business not only of defendants and victims but also the political community as a whole. Within this normative scheme posthumous responses to wrongs are possible and in some cases necessary for the maintenance of the stability of the political community. Accountability-holding processes may also be possible and necessary for the protection of the reputation of the deceased suspected wrongdoer. (shrink)

SummaryTwelve years' experience of AID in a non-NHS clinic is reviewed. Of 381 women treated, 230 became pregnant at least once; 308 pregnancies were achieved in 450 courses of treatment resulting in 263 live births. For women aged over 35 years the pregnancy rate was 47%. Timing of insemination and treatment with clomiphene are described. The use of fresh or frozen semen and future developments are discussed.

Posthumous homage to Professor José Cavalcante de Souza.