David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medical Ethics 36 (8):498-499 (2010)
Ben Saunders claims that actual consent is not necessary for organ donation due to ‘normative consent’, a concept he borrows from David Estlund. Combining normative consent with Peter Singer's ‘greater moral evil principle’, Saunders argues that it is immoral for an individual to refuse consent to donate his or her organs. If a presumed consent policy were thus adopted, it would be morally legitimate to remove organs from individuals whose wishes concerning donation are not known. This paper disputes Saunders' arguments. First, if death caused by the absence of organ transplant is the operational premise, then, there is nothing of comparable moral precedence under which a person is not obligated to donate. Saunders' use of Singer's principle produces a duty to donate in almost all circumstances. However, this premise is based on a flawed interpretation of cause and effect between organ availability and death. Second, given growing moral and scientific agreement that the organ donors in heart-beating and non-heart-beating procurement protocols are not dead when their organs are surgically removed, it is not at all clear that people have a duty to consent to their lives being taken for their organs. Third, Saunders' claim that there can be good reasons for refusing consent clashes with his claim that there is a moral obligation for everyone to donate their organs. Saunders' argument is more consistent with a conclusion of ‘mandatory consent’. Finally, it is argued that Saunders' policy, if put into place, would be totalitarian in scope and would therefore be inconsistent with the freedom required for a democratic society
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Sandra Woien, Mohamad Rady, Joseph Verheijde & Joan McGregor (2006). Organ Procurement Organizations Internet Enrollment for Organ Donation: Abandoning Informed Consent. [REVIEW] BMC Medical Ethics 7 (14):1-9.
Michael B. Gill (2004). Presumed Consent, Autonomy, and Organ Donation. Journal of Medicine and Philosophy 29 (1):37 – 59.
Govert den Hartogh (2011). Can Consent Be Presumed? Journal of Applied Philosophy 28 (3):295-307.
Muhammad M. Hammami, Hunaida M. Abdulhameed, Kristine A. Concepcion, Abdullah Eissa, Sumaya Hammami, Hala Amer, Abdelraheem Ahmed & Eman Al-Gaai (2012). Consenting Options for Posthumous Organ Donation: Presumed Consent and Incentives Are Not Favored. [REVIEW] BMC Medical Ethics 13 (1):32-.
B. Saunders (2010). Normative Consent and Opt-Out Organ Donation. Journal of Medical Ethics 36 (2):84-87.
Caroline Guibet Lafaye & Henri Kreis (2013). From Altruistic Donation to Conditional Societal Organ Appropriation After Death. Ethical Theory and Moral Practice 16 (2):355-368.
James J. Delaney, Dunleavy Hall, David B. Hershenov & Park Hall (2010). The Metaphysical Basis of a Liberal Organ Procurement Policy. Theoretical Medicine and Bioethics 31 (4):303-315.
M. Wang & X. Wang (2010). Organ Donation by Capital Prisoners in China: Reflections in Confucian Ethics. Journal of Medicine and Philosophy 35 (2):197-212.
Sheila McLean (2010). Autonomy, Consent and the Law. Routledge-Cavendish.
William A. Edmundson (2011). Consent and Its Cousins. Ethics 121 (2):335-53.
Mike Collins (2009). Consent for Organ Retrieval Cannot Be Presumed. HEC Forum 21 (1):71-106.
David Owens (2011). The Possibility of Consent. Ratio 24 (4):402-421.
Sigrid Sterckx & Kristof van Assche (2011). The New Belgian Law on Biobanks: Some Comments From an Ethical Perspective. Health Care Analysis 19 (3):247-258.
Arthur J. Matas & Frank J. Veith (1984). Presumed Consent for Organ Retrieval. Theoretical Medicine and Bioethics 5 (2).
Added to index2010-09-13
Total downloads49 ( #40,567 of 1,679,386 )
Recent downloads (6 months)3 ( #78,612 of 1,679,386 )
How can I increase my downloads?