2003
DOI: 10.1136/jme.29.3.125
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It is immoral to require consent for cadaver organ donation

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Cited by 35 publications
(17 citation statements)
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“…Advocates of mandated donation system, a system based on the notion of normative consent (it is immoral for an individual to refuse consent) [38], and the belief that the body should be considered as “on loan” to the individual from the biomass [39], argue that people should not be permitted a choice in this matter. It is counter argued that choosing not to save someone’s life is not the same as murder, and that although utilitarianism makes no distinction between causing an event and allowing it to happen when it was physically within our power to prevent [40], people (and deontologist) differentiate between intended harm and foreseen harm [21].…”
Section: Discussionmentioning
confidence: 99%
“…Advocates of mandated donation system, a system based on the notion of normative consent (it is immoral for an individual to refuse consent) [38], and the belief that the body should be considered as “on loan” to the individual from the biomass [39], argue that people should not be permitted a choice in this matter. It is counter argued that choosing not to save someone’s life is not the same as murder, and that although utilitarianism makes no distinction between causing an event and allowing it to happen when it was physically within our power to prevent [40], people (and deontologist) differentiate between intended harm and foreseen harm [21].…”
Section: Discussionmentioning
confidence: 99%
“…Ethical/philosophical issues relevant to postmortem organ donation include: 1) choosing among the various consenting systems 12,27 including, mandated "donation," 18,19 mandated choice, 4,28 explicit consent by donor and/or their family, 21 and presumed consent with a spectrum of enforcement and family involvement. [29][30][31][32] Lay people opinion regarding the consenting systems is crucial and expected to be culture and religion-specific; 7,8,12,27,31,33 2) offering financial and/or medical incentives that may increase donation rates 1,9,10 but are potentially connected to commercial trade; 23,26,27 3) whether people own their bodies the way they own their property and thus have similar rights to non-interference, donation, and selling 13,34 or that body ownership represents a legal relation between the owner and non-owners (rather than between the owner and the owned) and does not have to be a simple binary issue; 14,18,19 4) the legitimacy and weight of critical interests (as opposed to experiential interests) that living people may have when they cease to exist. 11,35 Does one's critical interest in the disposition of their organs trump the experiential interests of their family members and/or organ recipients?…”
Section: Introductionmentioning
confidence: 99%
“…Third parties may have a DER similar to the one that I will discuss in this paper, but third party duties raise difficult questions regarding the status of organs upon death. In particular, I wish to avoid debates over whether human cadavers should be considered a form of property (Truog, 2005) or whether this classification is inappropriate (Giordano, 2005;Emson, 2003). Instead, I will only focus on the narrower case of duties to arrange for transplantation of one's own organs after the one's death.…”
Section: Notesmentioning
confidence: 96%