The Injustice of Enforced Equal Access to Transplant Operations: Rethinking Reckless Claims of Fairness

Journal of Law, Medicine and Ethics 35 (2):256-264 (2007)
  Copy   BIBTEX

Abstract

The globalizing or totalizing imposition of a particular understanding of justice, fairness, or equality, as seen, for example, in Canada's single health care system, which forbids the sale of private insurance and the purchase of better basic health care, cannot be justified in general secular terms because of the following limitations: the plurality of understandings of justice, fairness, and equality, and the inability to establish one understanding as canonical. The secular state lacks plausible moral authority for the coercive imposition of one such account on peaceable, consenting adults. This state of affairs, with regard to the weakness of human moral epistemological powers, means that the secular state fails to have the moral authority to forbid coercively the sale and purchase of organs. It further lacks the secular, moral authority to impose equal access to organ transplantations. Assertions of such authority amount to reckless claims of fairness, and for this reason, health care policy must be set within the constraints of limited, constitutional regimes

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

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

Fairness between competing claims.Ben Saunders - 2010 - Res Publica 16 (1):41-55.
Responsibility for past injustice: How to shift the burden.Chandran Kukathas - 2003 - Politics, Philosophy and Economics 2 (2):165-190.
The concept of injustice.Eric Heinze - 2013 - New York,: Routledge.
Fairness.Brad Hooker - 2005 - Ethical Theory and Moral Practice 8 (4):329 - 352.
A Critique of Hermeneutical Injustice.Laura Beeby - 2011 - Proceedings of the Aristotelian Society 111 (3pt3):479-486.
Rethinking islamic legal ethics in egypt's organ transplant debate.Sherine Hamdy - 2008 - In Jonathan E. Brockopp & Thomas Eich (eds.), Muslim Medical Ethics: From Theory to Practice. University of South Carolina Press.

Analytics

Added to PP
2010-08-31

Downloads
26 (#595,031)

6 months
2 (#1,232,442)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Add more citations

References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
Contingency, Irony, and Solidarity.Richard Rorty - 1989 - New York: Cambridge University Press.
Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
Modern Moral Philosophy.G. E. M. Anscombe - 1958 - Philosophy 33 (124):1 - 19.

View all 9 references / Add more references