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Organ Transplantation

Edited by Ruchika Mishra (Program in Medicine and Human Values, California Pacific Medical Center)
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  1. Ghulam-Haider Aasi (2003). Islamic Legal and Ethical Views on Organ Transplantation and Donation. Zygon 38 (3):725-734.
    In Islam, one of the core beliefs is in the life of the hereafter. At the end of time and all that exists, all human beings will be resurrected and will face the Day of Judgment. Even their body parts or organs will stand witness against them. Furthermore, in Islamic law, every action or thing is categorized either as legitimate or prohibited. This article explores ethico‐legal opinions on the issues of organ donation and transplantation in the light of these essential (...)
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  2. Virginia Abernethy (1984). Organs for Auction. Hastings Center Report 14 (6):49-49.
  3. George J. Annas (1986). Made in the U.S.A.: Legal and Ethical Issues in Artificial Heart Experimentation. Journal of Law, Medicine & Ethics 14 (3-4):164-171.
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  4. George J. Annas (1985). Regulating Heart and Liver Transplants in Massachusetts: An Overview of the Report of the Task Force on Organ Transplantation. Journal of Law, Medicine & Ethics 13 (1):4-7.
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  5. George J. Annas (1985). The Dog and His Shadow: A Response to Overcast and Evans. Journal of Law, Medicine & Ethics 13 (3):112-116.
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  6. Jacob M. Appel (2005). Organ Solicitation on the Internet: Every Man for Himself: Commentary. Hastings Center Report 35 (3):14-15.
  7. Atsushi Asai, Yasuhiro Kadooka & Kuniko Aizawa (2010). Arguments Against Promoting Organ Transplants From Brain-Dead Donors, and Views of Contemporary Japanese on Life and Death. Bioethics 26 (4):215-223.
    As of 2009, the number of donors in Japan is the lowest among developed countries. On July 13, 2009, Japan's Organ Transplant Law was revised for the first time in 12 years. The revised and old laws differ greatly on four primary points: the definition of death, age requirements for donors, requirements for brain-death determination and organ extraction, and the appropriateness of priority transplants for relatives.In the four months of deliberations in the National Diet before the new law was established, (...)
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  8. Robert Audi (1996). The Morality and Utility of Organ Transplantation. Utilitas 8 (02):141-.
    Organ transplantation is at once a technology that raises new ethical problems and a good testing ground for various moral principles. It has become a common procedure in some countries and, at least in the United States, promises to become even more so. It poses questions about costs and benefits as well as the very large question of whether we should try to renew human life indefinitely and, if so, at what cost. It raises the problem of whether organs are (...)
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  9. Ian Ayres (2005). Three Tests for Measuring Unjustified Disparate Impacts in Organ Transplantation: The Problem of "Included Variable" Bias. Perspectives in Biology and Medicine 48 (1):68-S87.
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  10. Elvio Baccarini, Questions of Life and Death.
    The research started with a definition of the general ethical background to be applied in bioethical discussions, particularly regarding aspects of morality that have to be enforced by the community. Only those moral beliefs that can be accepted by consensus in a free discussion can be enforced. It follows that the basic principle of a well ordered society is the equality (and possible upwards extension) of the basic liberties. Therefore, whenever it is possible to respect the principle of autonomy in (...)
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  11. R. Barcaro (2000). H. Jonas, Tecnica, medicina ed etica. Prassi del principio responsabilità. [REVIEW] Epistemologia 23 (2):360-3490.
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  12. Rosangela Barcaro (2010). La morte dell’essere umano. Scienza o filosofia nell’accertamento del decesso? In Lorenzo Chieffi & Pasquale Giustiniani (eds.), Percorsi tra bioetica e diritto. Alla ricerca di un bilanciamento. Giappichelli 111-129.
    Nel quarantesimo anniversario della pubblicazione del rapporto di Harvard, ricordato da un editoriale di Lucetta Scaraffia sull’ “Osservatore Romano” il 3 settembre 2008, la riflessione sui criteri neurologici per accertare il decesso è sembrata giungere finalmente all’attenzione del pubblico italiano, dopo i dibattiti avviati nello scorso decennio in Gran Bretagna, Germania, Giappone e negli Stati Uniti. Per alcuni giorni sulle pagine dei quotidiani nazionali si sono alternate repliche, più o meno indignate, a quell’articolo e prese di posizione; poi, come è (...)
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  13. Rosangela Barcaro (2009). Quando muore l’uomo. La morte cerebrale nel recente dibattito internazionale [When does a man die? Brain death in the recent international debate]. Museopolis Press.
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  14. Rosangela Barcaro & Paolo Becchi (2011). La filosofia di fronte ai limiti della vita: i problemi della bioetica [Philosophy and the borders of life: some bioethical problems]. In La ricerca del sapere. 3. Da Schopenhauer alla filosofia contemporanea, edited by Santino Mele. 643-660.
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  15. T. E. O. Bernard & Bernard Tea (1992). Is the Adoption of More Efficient Strategies of Organ Procurement the Answer to Persistent Organ Shortage in Transplantation? Bioethics 6 (2):113–139.
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  16. Hayden Bernstein, Organ-Trafficking and the State of Israel: Jewish and Ethical Guidelines for a Regulated Market in Human Organs.
    ABSTRACT Because of low donation rates in their own country, many Israeli citizens have recently turned to purchasing organs from abroad, risking their lives in highly unsanitary hospital conditions. The trafficking of organs also poses an ethical dilemma for those who sell their organs. Often, these vendors are under-compensated for their body parts, while follow-up medical treatment is minimal. The Jewish faith has always placed the sanctity of human life at its core, and it appears that Judaism allows for the (...)
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  17. Robert Bornholz & James Joseph Heckman (2005). Measuring Disparate Impacts and Extending Disparate Impact Doctrine to Organ Transplantation. Perspectives in Biology and Medicine 48 (1):95-S122.
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  18. Katrina A. Bramstedt & Jun Xu (2008). China: A Case Study Regarding Transplant Publishing Issues. Journal of Information Ethics 17 (2):12-22.
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  19. Alister Browne (2007). The Institute of Medicine on Non-Heart-Beating Organ Transplantation. Cambridge Quarterly of Healthcare Ethics 17 (01):75-86.
    The current main source of transplantable organs is from heart-beating donors. These are patients who have suffered a catastrophic brain injury, been ventilated, declared dead by neurological criteria, and had their vital functions maintained mechanically until the point of transplantation. But the demand for organs far outstrips the supply, and these patients are not the only potential donors. The idea behind non-heart-beating transplantation is to expand the donor pool by including in it patients who are in hopeless conditions but who (...)
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  20. Courtney S. Campbell (2004). Harvesting the Living?: Separating Brain Death and Organ Transplantation. Kennedy Institute of Ethics Journal 14 (3):301-318.
    : The chronic shortage of transplantable organs has reached critical proportions. In the wake of this crisis, some bioethicists have argued there is sufficient public support to expand organ recovery through use of neocortical criteria of death or even pre-mortem organ retrieval. I present a typology of ways in which data gathered from the public can be misread or selectively used by bioethicists in service of an ideological or policy agenda, resulting in bad policy and bad ethics. Such risks should (...)
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  21. Ward Casscells (1985). A Clinician's View of the Massachusetts Task Force on Organ Transplantation. Journal of Law, Medicine & Ethics 13 (1):27-28.
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  22. James F. Childress (2001). The Failure to Give: Reducing Barriers to Organ Donation. Kennedy Institute of Ethics Journal 11 (1):1-16.
    : Moral frameworks for evaluating non-donation strategies to increase the supply of cadaveric human organs for transplantation and ways to overcome barriers to organ donation are explored. Organ transplantation is a very complex area, because the human body evokes various beliefs, symbols, sentiments, and emotions as well as various rituals and social practices. From a rationalistic standpoint, some policies to increase the supply of transplantable organs may appear to be quite defensible but then turn out to be ineffective and perhaps (...)
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  23. Margaret A. Clark (1999). This Little Piggy Went to Market: The Xenotransplantation and Xenozoonose Debate. Journal of Law, Medicine & Ethics 27 (2):137-152.
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  24. I. Glenn Cohen (2013). Transplant Tourism: The Ethics and Regulation of International Markets for Organs. Journal of Law, Medicine & Ethics 41 (1):269-285.
    “Medical Tourism” is the travel of residents of one country to another country for treatment. In this article I focus on travel abroad to purchase organs for transplant, what I will call “Transplant Tourism.” With the exception of Iran, organ sale is illegal across the globe, but many destination countries have thriving black markets, either due to their willful failure to police the practice or more good faith lack of resources to detect it. I focus on the sale of kidneys, (...)
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  25. Lawrence Cohen (2003). Where It Hurts: Indian Material for an Ethics of Organ Transplantation. Zygon 38 (3):663-688.
    This article focuses on ethical issues surrounding the selling and buying of human organs. The author argues that most people who sell their organs in India do so in order to pay already existing debts. The transaction is only temporarily an exchange of “life for life,” and most “donors” are back in debt soon after the operation. The author discusses the flexible ethics that reduce reality to dyadic transactions and the purgatorial ethics that collapse real and imaginary exploitation in the (...)
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  26. Robert A. Crouch & Carl Elliott (1999). Moral Agency and the Family: The Case of Living Related Organ Transplantation. Cambridge Quarterly of Healthcare Ethics 8 (3):275-287.
    Living related organ transplantation is morally problematic for two reasons. First, it requires surgeons to perform nontherapeutic, even dangerous procedures on healthy donors—and in the case of children, without their consent. Second, the transplant donor and recipient are often intimately related to each other, as parent and child, or as siblings. These relationships challenge our conventional models of medical decisionmaking. Is there anything morally problematic about a parent allowing the interests of one child to be risked for the sake of (...)
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  27. Alexander S. Curtis (2003). Congress Considers Incentives for Organ Procurement. Kennedy Institute of Ethics Journal 13 (1):51-52.
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  28. Dena S. Davis (1992). Organ Transplants, Foreign Nationals, and the Free Rider Problem. Theoretical Medicine and Bioethics 13 (4).
    There is strong sentiment for a policy which would exclude foreigners from access to organs from American cadaver donors. One common argument is that foreigners are free riders; since they are not members of the community whichgives organs, it would be unfair to allow them toreceive such a scarce resource.This essay examines the philosophical basis for the free rider argument, and compares that with the empirical data about organ donation in the U.S. The free rider argument ought not to be (...)
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  29. Leonardo D. de Castro & Peter A. Sy (1998). Critical Care in the Philippines: The "Robin Hood Principle" Vs. Kagandahang Loob. Journal of Medicine and Philosophy 23 (6):563 – 580.
    Practical medical decisions are closely integrated with ethical and religious beliefs in the Philippines. This is shown in a survey of Filipino physicians' attitudes towards severely compromised neonates. This is also the reason why the ethical analysis of critical care practices must be situated within the context of local culture. Kagandahang loob and kusang loob are indigenous Filipino ethical concepts that provide a framework for the analysis of several critical care practices. The practice of taking-from-the-rich-to-give-to-the-poor in public hospitals is not (...)
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  30. Bernard M. Dickens (1992). Ethics Committees, Organ Transplantation and Public Policy. Journal of Law, Medicine & Ethics 20 (4):300-306.
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  31. Speranta Dumitru (2010). Consentement présumé, famille et équité dans le don d'organes. Revue de Métaphysique et de Morale 3 (67):341-354.
    Cet article propose une évaluation éthique des institutions qui organisent la transplantation avec donneurs décédés, au travers du rôle qu’elles accordent à la famille survivante. Son objectif est double. Il s’agit, premièrement, de montrer que la famille possède un pouvoir de décision considérable en matière de prélèvement posthume bien que les législations soient habituellement décrites comme fondées sur le consentement ou l’opposition des personnes concernées. Deuxièmement, il s’agit de montrer que les politiques qui octroient un tel pouvoir aux familles manquent (...)
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  32. Abul Fadl Mohsin Ebrahim (1995). Organ Transplantation: Contemporary Sunni Muslim Legal and Ethical Perspectives. Bioethics 9 (3):291–302.
    The problems that organ transplantation poses to the Muslim mind may be summarized as follows: firstly, a muslim believes that whatever he owns or possesses has been given to him as an amānah from Alla¯h. Would it not be a breach of trust to give consent for the removal of parts of one's body, while still alive, for transplantation to benefit one's child, sibling or parent? Secondly, the Sharā'ah emphasizes the sacredness of the human body. Would it not then be (...)
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  33. Jeffrey L. Ecker & Patricia Pearl O'Rourke (2007). An Immodest Proposal: Banking Embryonic Stem Cells for Solid Organ Transplantation is Problematic and Premature. American Journal of Bioethics 7 (8):48 – 50.
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  34. H. E. Emson (1987). The Ethics of Human Cadaver Organ Transplantation: A Biologist's Viewpoint. Journal of Medical Ethics 13 (3):124-126.
    The rights of the various individuals involved in decision-making in cadaver organ donation are considered, and there is discussion of the relation of human cadavers to the planetary biomass. I conclude that the rights of the potential recipient should outweigh those of the other parties concerned and that education and legislation should recognise and promote this.
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  35. H. Tristram Engelhardt Jr (1989). The Use of Fetal and Anencephalic Tissue for Transplantation. Journal of Medicine and Philosophy 14 (1):25-43.
    Advances in transplantation have extended the life and relieved the suffering of thousands of individuals. The prospect of being able to use tissues from embryos, as well as from anencephalic newborns, offers the promise of further relief of suffering. However, these possibilities raise significant moral and public policy issues. The question arises of the extent to which those who disapprove of abortion may make use of tissues derived from abortion in order to treat serious diseases. This essay argues that, with (...)
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  36. H. Tristram Engelhardt (2007). The Injustice of Enforced Equal Access to Transplant Operations: Rethinking Reckless Claims of Fairness. Journal of Law, Medicine & Ethics 35 (2):256-264.
    The globalizing or totalizing imposition of a particular understanding of justice, fairness, or equality, as seen, for example, in Canada's single health care system, which forbids the sale of private insurance and the purchase of better basic health care, cannot be justified in general secular terms because of the following limitations: the plurality of understandings of justice, fairness, and equality, and the inability to establish one understanding as canonical. The secular state lacks plausible moral authority for the coercive imposition of (...)
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  37. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...)
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  38. Nicole Gerrand (1999). The Misuse of Kant in the Debate About a Market for Human Body Parts. Journal of Applied Philosophy 16 (1):59–67.
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  39. Nicole Gerrand (1994). The Notion of Gift-Giving and Organ Donation. Bioethics 8 (2):127–150.
    ABSTRACTThe analogy between gift‐giving and organ donation was first suggested at the beginning of the transplantation era, when policy makers and legislators were promoting voluntary organ donation as the preferred procurement procedure. It was believed that the practice of gift‐giving had some features which were also thought to be necessary to ensure that an organ procurement procedure would be morally acceptable, namely voluntarism and altruism. Twenty‐five years later, the analogy between gift‐giving and organ donation is still being made in the (...)
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  40. Daniel Luke Geyser (2000). Organ Transplantation: New Regulations to Alter Distribution of Organs. Journal of Law, Medicine & Ethics 28 (1):95-98.
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  41. Walter Glannon & Lainie Friedman Ross (2002). Do Genetic Relationships Create Moral Obligations in Organ Transplantation? Cambridge Quarterly of Healthcare Ethics 11 (02):153-159.
    In 1999, a case was described on national television in which a woman had enlisted onto an international bone marrow registry with the altruistic desire to offer her bone marrow to some unidentified individual in need of a transplant. The potential donor then was notified that she was a compatible match with someone dying from leukemia and gladly donated her marrow, which cured the recipient of the disease. Years later, though, the recipient developed end-stage renal disease , a consequence of (...)
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  42. Ronald Guttmann (1997). Technology, Clinical Studies, and Control in the Field of Organ Transplantation. Journal of the History of Biology 30 (3):367 - 379.
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  43. Thomas D. Harter (2008). Overcoming the Organ Shortage: Failing Means and Radical Reform. [REVIEW] HEC Forum 20 (2):155-182.
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  44. Daniel M. Hausman (1989). Are Markets Morally Free Zones? Philosophy and Public Affairs 18 (4):317-333.
    Markets are central institutions in societies such as ours, and it seems appropriate to ask whether markets treat individuals justly or unjustly and whether choices individuals make concerning their market behavior are just or unjust. After all, markets influence most important features of our lives from the environment in which we live to the ways in which we find pleasure and fulfillment. Within market life we collectively determine the shape of human existence.<1>.
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  45. Roger Herdman, Tom L. Beauchamp & John T. Potts (1998). The Institute of Medicine's Report on Non-Heart-Beating Organ Transplantation. Kennedy Institute of Ethics Journal 8 (1):83-90.
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  46. M. T. Hilhorst (2008). "Living Apart Together": Moral Frictions Between Two Coexisting Organ Transplantation Schemes. Journal of Medical Ethics 34 (6):484-488.
    Cadaveric transplantation and living transplantation exist side by side. Both practices help to alleviate organ need. They provide us with two separate moral schemes. Is it rational to keep them apart? The cadaveric system is organised along strict, impartial lines, while the living system is inherently partial and local. The ethical justification for this partial scheme seems to be that it merely supplements the cadaveric scheme: partial transplants do not come at the expense of cadaveric impartiality, but in fact significantly (...)
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  47. Benjamin E. Hippen (2012). Review of F. G. Miller and R. D. Truog,Death, Dying and Organ Transplantation: Reconstructing Medical Ethics at the End of Life. [REVIEW] American Journal of Bioethics 12 (6):56-58.
    The American Journal of Bioethics, Volume 12, Issue 6, Page 56-58, June 2012.
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  48. Benjamin E. Hippen (2005). In Defense of a Regulated Market in Kidneys From Living Vendors. Journal of Medicine and Philosophy 30 (6):593 – 626.
    The current system of organ procurement which relies on donation is inadequate to the current and future need for transplantable kidneys. The growing disparity between demand and supply is accompanied by a steep human cost. I argue that a regulated market in organs from living vendors is the only plausible solution, and that objections common to opponents of organ markets are defeasible. I argue that a morally defensible market in kidneys from living vendors includes four characteristics: (1) the priority of (...)
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  49. Dien Ho (2012). Antidepressants and the FDA’s Black-Box Warning: Determining a Rational Public Policy in the Absence of Sufficient Evidence. Virtual Mentor--The American Medical Association Journal of Ethics 14 (6):483-488.
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  50. Stephen Holland (2010). On the Ordinary Concept of Death. Journal of Applied Philosophy 27 (2):109-122.
    What is death? The question is of wide-ranging practical importance because we need to be able to distinguish the living from the dead in order to treat both appropriately; specifically, the permissibility of retrieving vital organs for transplantation depends upon the potential donor's ontological status. There is a well-established and influential biological definition of death as irreversible breakdown in the functioning of the organism as a whole, but it continues to elicit disquiet and rejoinders. The central claims of this paper (...)
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