American Journal of Bioethics 16 (11):3-12 (2016)

Authors
Douglas MacKay
University of North Carolina, Chapel Hill
Abstract
Governments must determine the legal procedures by which their residents are registered, or can register, as organ donors. Provided that governments recognize that people have a right to determine what happens to their organs after they die, there are four feasible options to choose from: opt-in, opt-out, mandated active choice, and voluntary active choice. We investigate the ethics of these policies' use of nudges to affect organ donor registration rates. We argue that the use of nudges in this context is morally problematic. It is disrespectful of people's autonomy to take advantage of their cognitive biases since doing so involves bypassing, not engaging, their rational capacities. We conclude that while mandated active choice policies are not problem free—they are coercive, after all—voluntary active choice, opt-in, and opt-out policies are potentially less respectful of people's autonomy since their use of nudges could significantly affect people's decision making.
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DOI 10.1080/15265161.2016.1222007
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References found in this work BETA

Autonomy, Gender, Politics.Marilyn Friedman - 2002 - Oxford University Press.
Opt-Out and Consent.Douglas MacKay - 2015 - Journal of Medical Ethics 41 (10):1-4.

View all 7 references / Add more references

Citations of this work BETA

Nudges in a Post-Truth World.Neil Levy - 2017 - Journal of Medical Ethics 43 (8):495-500.
Nudging to Donate Organs: Do What You Like or Like What We Do?Sergio Beraldo & Jurgis Karpus - 2021 - Medicine, Health Care and Philosophy (3):329-340.
Nudging and the Ecological and Social Roots of Human Agency.Nicolae Morar & Daniel Kelly - 2016 - American Journal of Bioethics 16 (11):15-17.

View all 25 citations / Add more citations

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