Thesis
Death, religion, biomedicine, and policy in the US: an examination of the Uniform Determination of Death Act
University of Iowa
Master of Arts (MA), University of Iowa
Spring 2020
DOI: 10.17077/etd.005394
Abstract
Scholarly Abstract
This paper provides an examination and engagement of the Uniform Determination of Death Act (UDDA). The UDDA is an act and state policy, not a federal law, that was designed to create a uniform determination of death. Other policies and laws address other aspects of death in the US, while this policy is specifically about providing what is essentially a uniform definition for death. It does not and is not meant to address other legal issues pertaining to or aspects of death. Most, though not all, states have enacted it, and those that did not enact it have similar—sometimes almost the exact same—policy in its stead. The argument made in this paper is that the UDDA, its development and the presuppositions of those writing it, is based on a biomedical materialist view of the self and does not recognize the overwhelmingly religious nature and cultural and religious diversity that is and has been present in the US. Most people in the US have religious beliefs, including understanding that there is more to their self than just their body and brain. That there is a soul or a spirit or a distinct consciousness that is also a part of us, and that when the body dies a change takes place. This may be an immediate separation from the body, or it may be that the consciousness stays around a while still and needs time to move on. Either way, what this points to is a difference not only in understanding the self, but also what constitutes death itself and that there are other ways to determine death (or separation) than the sterilized view that is espoused by biomedicine and currently protected by law.
Public Abstract
This paper engages what is called the Uniform Determination of Death Act (UDDA). This is a uniform act, meaning it is a legal policy for the states and not a federal law, about how death is determined in America. Though there are many US laws about various aspects of death, the UDDA was completed and accepted for enactment by the states in 1980. While not all states have enacted it, most have so far, and those others have similar policies.
What is argued in this paper is that the UDDA is based on a biomedical view of people in that what makes a person who they are is found in their body and brain. That is, that people are material, and not something beyond their body and brain. The issue with this view being defined in law is that it ignores just how many people in the US are religious and seems to deny the cultural and religious diversity. What needs to be recognized by US law is that for most people in America there is more to what makes them a person than just their body and brain. Many people have a soul or spirit as a part of them, as a part of their self. For many people, when they are dying and meet death, it is just a step as they are transformed when their soul or spirit or consciousness separates from their body, and their existence continues on elsewhere or are freed.
Details
- Title: Subtitle
- Death, religion, biomedicine, and policy in the US: an examination of the Uniform Determination of Death Act
- Creators
- Lazarus A French
- Contributors
- Morten Schlütter (Advisor)Katina Lillios (Advisor)Paul Dilley (Committee Member)Patrick Dolan (Committee Member)
- Resource Type
- Thesis
- Degree Awarded
- Master of Arts (MA), University of Iowa
- Degree in
- Religious Studies
- Date degree season
- Spring 2020
- DOI
- 10.17077/etd.005394
- Publisher
- University of Iowa
- Number of pages
- iv, 61 pages
- Copyright
- Copyright 2020 Lazarus A French
- Language
- English
- Description bibliographic
- Includes bibliographical references (pages 56-61).
- Public Abstract (ETD)
This paper engages what is called the Uniform Determination of Death Act (UDDA). This is a uniform act, meaning it is a legal policy for the states and not a federal law, about how death is determined in America. Though there are many US laws about various aspects of death, the UDDA was completed and accepted for enactment by the states in 1980. While not all states have enacted it, most have so far, and those others have similar policies.
What is argued in this paper is that the UDDA is based on a biomedical view of people in that what makes a person who they are is found in their body and brain. That is, that people are material, and not something beyond their body and brain. The issue with this view being defined in law is that it ignores just how many people in the US are religious and seems to deny the cultural and religious diversity. What needs to be recognized by US law is that for most people in America there is more to what makes them a person than just their body and brain. Many people have a soul or spirit as a part of them, as a part of their self. For many people, when they are dying and meet death, it is just a step as they are transformed when their soul or spirit or consciousness separates from their body, and their existence continues on elsewhere or are freed.
- Academic Unit
- Religious Studies
- Record Identifier
- 9983968394202771
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