Clinical Ethics 7 (3):142-146 (2012)

Abstract
This article explores the meaning and moral significance of presumed consent with particular reference to an opt-out policy for postmortem organ donation. It does so under two general categories: circumstances where we believe consent to have been given and those where we have no reason to believe that it has either been given or been refused. In the context of an opt-out policy, the first category would relate to the idea of tacit consent. It is argued both that substituting the term ‘presumed consent’ would be misleading and that it is unlikely that the conditions for tacit consent would be met in practice. Regarding the second category, where the claim would be one regarding counterfactual consent, two main points are made: that claims about consent are unwarranted, and also that they are unnecessary to moral argument, given that the moral work is done by reasons other than any supposedly provided by a presumption of consent
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DOI 10.1258/ce.2012.012m10
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References found in this work BETA

Opt-Out Organ Donation Without Presumptions.Ben Saunders - 2012 - Journal of Medical Ethics 38 (2):69-72.
Normative Consent and Opt-Out Organ Donation.B. Saunders - 2010 - Journal of Medical Ethics 36 (2):84-87.
Presumed Consent, Autonomy, and Organ Donation.Michael B. Gill - 2004 - Journal of Medicine and Philosophy 29 (1):37 – 59.

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Citations of this work BETA

The Timing of Research Consent.Benjamin Sachs - 2021 - Ethical Theory and Moral Practice 24 (4):1033-1046.
Brain Death and Organ Transplantation.Steven D. Edwards - 2012 - Clinical Ethics 7 (3):105-106.

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Normative Consent and Opt-Out Organ Donation.B. Saunders - 2010 - Journal of Medical Ethics 36 (2):84-87.

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