Da. Shewmon, BRAIN-STEM DEATH, BRAIN-DEATH AND DEATH - A CRITICAL REEVALUATION OF THE PURPORTED EQUIVALENCE, Issues in law & medicine, 14(2), 1998, pp. 125-145
The author challenges brain-based diagnoses of death by re-examining t
he concept of death, its definition, the anatomical criterion, and the
clinical signs or tests. Dr. Shewmon challenges the fundamental assum
ptions underlying brain death: (1) that the brain is the body's ''crit
ical system''; and (2) that the body even has a localized ''critical s
ystem.'' He does not redefine death, but shifts the anatomical criteri
on from a single focus (the brain) to the entire body. The clinical te
sts correspondingly shift from those implying loss of brain function t
o those implying thermodynamically supracritical microstructural damag
e diffusely throughout the body. He concludes that the notion of ''bra
in death'' as bodily death is logically and physiologically incoherent
, and that its replacement by something scientifically more credible w
ould promote not only the sanctity of life, but ironically even transp
lantation as well.