Two Ways to Transfer a Bodily Right

Journal of Moral Philosophy 15 (1):46-63 (2018)
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Abstract

_ Source: _Page Count 18 There are two ways to transfer a bodily right. One might transfer a bodily right in a detaching way – that is, without transferring jurisdiction over one’s future bodily choices. Alternately, one might transfer a bodily right in an attaching way – that is, in a way that transfers such jurisdiction. For instance, A might sell his kidney to B for money paid at the time of the transplant. Alternately, A might accept money now, agreeing to give up his kidney some time down the road. In the latter case and not the former, B acquires normative jurisdiction over A’s future bodily choices. In this paper I will argue that the distinction between attaching and detaching transfers of bodily rights has implications regarding whether certain contracts and agreements should be legally enforced – and whether problems arise when the moral and legal transferability of these rights comes apart.

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Hallie Liberto
University of Maryland, College Park

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A defense of abortion.Judith Jarvis Thomson - 1971 - Philosophy and Public Affairs 1 (1):47-66.
Paternalism.Gerald Dworkin - 1972 - The Monist 56 (1):64-84.
Specifying Rights Out of Necessity.John Oberdiek - 2008 - Oxford Journal of Legal Studies 28 (1):19.

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