Why Consent May Not Be Needed For Organ Procurement

American Journal of Bioethics 9 (8):3-10 (2009)
  Copy   BIBTEX

Abstract

Most people think it is wrong to take organs from the dead if the potential donors had previously expressed a wish not to donate. Yet people respond differently to a thought experiment that seems analogous in terms of moral relevance to taking organs without consent. We argue that our reaction to the thought experiment is most representative of our deepest moral convictions. We realize not everyone will be convinced by the conclusions we draw from our thought experiment. Therefore, we point out that the state ignores consent in performing mandatory autopsies in some cases. If readers are willing to give up the permissibility of mandatory autopsies, we then offer some metaphysical arguments against posthumous harm. Drawing upon claims about bodies ceasing to exist at death and Epicurean-inspired arguments against posthumous interests, we make a case for an organ conscription policy which respects fundamental liberal principles of autonomy, bodily integrity, and property

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,100

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Opt-out organ procurement and tacit consent.T. M. Wilkinson - 2012 - Journal of Medical Ethics 38 (2):74-75.
Mandatory Autopsies and Organ Conscription.David Hershenov - 2009 - Kennedy Institute of Ethics Journal 19 (4):367-391.
Presumed consent, autonomy, and organ donation.Michael B. Gill - 2004 - Journal of Medicine and Philosophy 29 (1):37 – 59.
Can Consent be Presumed?Govert den Hartogh - 2011 - Journal of Applied Philosophy 28 (3):295-307.

Analytics

Added to PP
2009-01-28

Downloads
206 (#97,836)

6 months
8 (#365,731)

Historical graph of downloads
How can I increase my downloads?

Author Profiles

James Delaney
Niagara University
David B. Hershenov
State University of New York, Buffalo

References found in this work

Death.Thomas Nagel - 1970 - Noûs 4 (1):73-80.
The Misfortunes of the Dead.George Pitcher - 1984 - American Philosophical Quarterly 21 (2):183 - 188.

View all 24 references / Add more references