An examination of the legality and moral permissibility of organ sales

But like any essay, if you spend the time to do your research and outline your essay you can take what seems an impossible task and turn it into something that is simple. An essay on organ sales should begin with your research.

An examination of the legality and moral permissibility of organ sales

People most readily associate it with the case in which one individual who needs or wants money sells his or her kidney to another who needs a kidney. But there are other possibilities too. One in countries where the prior consent of the deceased is required for cadaveric organ donation is to pay people living now for rights over their body after death.

Another in countries where the consent of relatives is required for cadaveric organ donation is to pay relatives for transplant rights over their recently deceased loved ones' bodies. Since the kidney is the most commonly transplanted organ and since the ethics literature on organ sale is mainly about kidney sale from live donors, that is the practice on which this entry will focus.

For example, the risk of permanent harm is generally much less in the case of blood and hair donation; while, the donation of eggs and sperm raises additional issues relating to the creation and parenting of additional future people. That said, many of the fundamental issues are similar and the very same concerns about for example exploitation and consent arise in both cases.

Radcliffe Richards et al. It must be stressed that we are not arguing for the positive conclusion that organ sales must always be acceptable, let alone that there should be an unfettered market.

Different scholars have different views about the precise scope and extent of the regulation required, but most support the requirements that organ sellers give valid consent, are paid a reasonable fee, and are provided with adequate medical care.

Taylorfor example, says that: At minimum … a market should require that vendors give their informed consent to the sale of their kidneys, that they not be coerced into selling their kidneys by a third party and that they receive adequate post-operative care.

One noteworthy policy proposal comes from Erin and Harris ; who suggest that a market in human organs should have the following features: It is limited to a particular geopolitical area, such as a state or the European Union, with only citizens or residents of that area being allowed to sell or to receive organs.

There is a central public body responsible for making and funding all purchases and for allocating organs fairly in accordance with clinical criteria.

Direct sales are banned. Prices are set at a reasonably generous level to attract people voluntarily into the market. Features 1 and 2 combined are supposed to rule out exploitative organ trafficking from poorer countries, while the ban on direct sales and allocation by a central agency ensure that the organs go not to those most able to pay, but to those in most need.

In common with many other defenders of organ sale, Erin and Harris also propose building in practical protections for donors and recipients e. When ethically evaluating organ sale therefore it is best to focus not on the worst aspects of today's organ trafficking practices since that is not what any serious ethicist is defending or proposing but rather on what a reasonably well-regulated system of organ sale, controlled by some combination of the medical profession and state regulators, would look like.

More specifically, it should be assumed as it is in what follows that the doctors, nurses, and transplant coordinators implementing an organ sale system should at least adhere to the standards around consent and clinical care advocated by The Transplantation Society and the World Health Organisation leaving aside of course those bodies' opposition to organ sale itself see Other Internet Resources section below.

One final preliminary point is the distinction between questions of law and public policy, on the one hand, and personal morality on the other. The debate about organ sale is largely about whether this should be allowed by law and, if so, about what system of remuneration would be best. However, there is a set of separable questions about personal morality: Although this distinction is important, and should be kept in mind throughout, it will not be referred to much in the following sections.

That is because, for the most part, the very same arguments are used both in attempts to show that organ sale is morally problematic and in attempts to show that it ought not to be allowed. The Case for Organ Sale Three main positive arguments are advanced in favour of permitting organ sale.

Ethical and legal issues associated with organ donation and transplantation - ScienceDirect

Therefore, at least in the absence of strong reasons to do otherwise, people should be allowed to sell parts of their bodies if they so wish. Whether there are any such strong reasons is of course a moot point and the main candidate reasons are discussed in subsequent sections.

Not much directly will be said about these positive arguments for permitting organ sale since they rely on more fundamental and general questions in moral and political theory that cannot be tackled within the confines of a piece on organ sale within SEP, see the entries on libertarianismprivacy and medicineand property and ownership.

Permitting or encouraging organ sale will, it is claimed, save lives by at least partially alleviating the shortage of transplant organs. The saving of lives is a good end and organ sale is then defensible as a means of achieving that positive end.

The shortage of transplant organs is a major worldwide public health problem. According to the US Department of Health and Human Services Organ Procurement and Transplantation Network, there are approximatelypatients on transplant waiting lists in the US and aroundpatients waiting for an organ transplant in China The Economist In the US inthe overall median waiting time for a kidney transplant was over three and a half years National Kidney Foundation The situation is similar in the UK Department of Health Furthermore, waiting list sizes do not even fully reflect the actual level of need because doctors are sometimes reluctant even to list patients who they feel do not stand a realistic chance of getting an organ in time.

Opposition to the Saving of Lives Argument takes one of two forms. It may be objected to empirically, with the critic arguing either that permitting organ sale would be ineffective or that an alternative system would work better: Alternatively, one might concede the empirical point that allowing organ sale would be an effective option, but nonetheless argue that there are sufficiently strong countervailing moral or practical reasons to justify leaving the prohibition on sale in place.

These reasons are the subject of some later sections. The Saving of Lives Argument unless rejected on empirical grounds has an important role in placing the onus of proof on the shoulders of the prohibitionists those who wish organ sale to be banned.Jun 13,  · Selling Your Organs: Should it be Legal?

Do You Own Yourself? Each has its own moral and legal issues. The libertarians argue that organ sales. The “worldwide shortage of kidneys from cadavers has resulted in illicit organ sales and even kidnapping and murder of children and adults to ‘harvest’ their organs”.

4 Millions of people are suffering, not because the organs are not available, but because “morality” does not allow them to have access to the organs.

Help and advice on how to write an argumentative essay about organ sales.5/5. An Examination of the Legality and Moral Permissibility of Organ Sales PAGES 6.

WORDS 1, View Full Essay. More essays like this: Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University. Exactly what I needed. - Jenna Kraig, student @ UCLA. Wow.

An examination of the legality and moral permissibility of organ sales

Most helpful essay resource ever! The ethics of organ sale, in the end, reduces down to a value judgement: whether or not the injustice it causes is validated by the lives it would save and a . when reaching a legal conclusion on the permissibility of abortion.

Due to the complexity in the prenatal physiological development of most animals, and certainly humans, there’s an inherent limitation to .

Is it ethical to purchase human organs?