That’s a very good point that I took a while to consider. However, a quick Google yielded the fact that, in the U.K., death is singularly defined as brain stem death - there are several tests that are done, and it is only when all of them turn out negative is someone declared legally dead - it doesn’t seem to be as complex as the multiple factors that are so far being considered. This was my source: www.nhs.uk/conditions/brain-death/diagnosis/
If there are other sources which would make that definition unclear then obviously that would change things, but it seems like legal death possesses the exact sort of criteria I’m looking for in sex
Unfortunately that doesn't prove quite the point you think it does.
Apologies for the following morbid content.
The standard medical criteria for determining death are irreversible cessation of spontaneous circulation and respiration - in other words, your heart has stopped beating and you have stopped breathing, and neither can be restarted. In the vast majority of people, death is determined by these criteria, not by tests of brain death - even when people die in medical settings like hospitals. Many people can be classified as dead by a set of quick, simple and very non-subjective observations of pulse/heartbeat, breathing and skin temperature even by a medically untrained person, especially if some time has passed since death so that external changes in appearance are visibly evident.
Tests of brain death are reserved for situations where the normal criteria for determining death can't be applied; for example, someone on a ventilator whose circulation and breathing are maintained by artificial means - the brain is dead but the body is being kept alive by medical intervention. In that circumstance, determination of brain death enables an ethical decision to withdraw artificial ventilatory and circulatory support so that breathing and circulation can stop naturally, and the body dies as well as the brain.
Similarly, the vast majority of people can be classified as male or female by ordinary people using a quick and simple set of observations. More complex medical investigations by specialists are reserved for individuals whose circumstances are less straightforward.