David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Health Care Analysis 8 (2):189-201 (2000)
The commercial trading of human organs, along withvarious related activities (for example, advertising)was criminalised throughout Great Britain under theHuman Organ Transplants Act 1989.This paper critically assesses one type of argumentfor this, and similar, legal prohibitions:commodification arguments.Firstly, the term `commodification' is analysed. Thiscan be used to refer to either social practices or toattitudes. Commodification arguments rely on thesecond sense and are based on the idea that having acommodifying attitude to certain classes of thing(e.g. bodies or persons) is wrong. The commodifyingattitude consists of three main elements: denial ofsubjectivity, instrumentality, and fungibility.Secondly, in the light of this analysis, the claimthat organ sale involves commodifying the human bodyis examined. This claim is found to be plausible butinsufficient to ground an argument against organ sale,because the very same commodifying attitude is likelyto be present in cases of (unpaid) organ donation. Itis also argued that commodifying bodies per semay not be wrong.Thirdly, the view that organ sale involvescommodifying persons is examined. Although this andthe claim that it is wrong to commodify persons areprobably true, there is â it is argued â littlereason to regard organ sale as worse in this respectthan other widely accepted practices, such as thebuying and selling of labour.The conclusion is that although commodification is auseful ethical concept and although commodificationarguments may sometimes be successful, thecommodification argument against organ sale is notpersuasive. This is not to say, though, that thereare no arguments for prohibition â simply that thisparticular justificatory strategy is flawed
|Keywords||body commodification Brecher commodification organ sale|
|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
Heather Widdows (2009). Persons and Their Parts: New Reproductive Technologies and Risks of Commodification. [REVIEW] Health Care Analysis 17 (1):36-46.
Similar books and articles
Mark Schweda & Silke Schicktanz (2009). The "Spare Parts Person"? Conceptions of the Human Body and Their Implications for Public Attitudes Towards Organ Donation and Organ Sale. Philosophy, Ethics, and Humanities in Medicine 4 (1):4-.
Cynthia B. Cohen (2002). Public Policy and the Sale of Human Organs. Kennedy Institute of Ethics Journal 12 (1):47-64.
Mark T. Nelson (1991). The Morality of a Free Market for Transplant Organs. Public Affairs Quarterly 5 (1):63-79.
Paul M. Hughes (2006). Ambivalence, Autonomy, and Organ Sales. Southern Journal of Philosophy 44 (2):237-251.
Rob Lawlor (2011). Organ Sales Needn't Be Exploitative (but It Matters If They Are). Bioethics 25 (5):250-259.
L. D. de Castro (2003). Commodification and Exploitation: Arguments in Favour of Compensated Organ Donation. Journal of Medical Ethics 29 (3):142-146.
Thomas A. Shannon (2001). The Kindness of Strangers: Organ Transplantation in a Capitalist Age. Kennedy Institute of Ethics Journal 11 (3):285-303.
Michael B. Gill & Robert M. Sade (2002). Paying for Kidneys: The Case Against Prohibition. Kennedy Institute of Ethics Journal 12 (1):17-45.
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.
Mark J. Cherry (2000). Is a Market in Human Organs Necessarily Exploitative? Public Affairs Quarterly 14 (4):337--360.
Jeremy Snyder (2009). Easy Rescues and Organ Transplantation. HEC Forum 21 (1):27-53.
Jerry Menikoff (2004). An Organ Sale by Any Other Name. American Journal of Bioethics 4 (4):42 – 44.
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.
Dominic J. C. Wilkinson (2004). Selling Organs and Souls: Should the State Prohibit 'Demeaning' Practices? [REVIEW] Journal of Bioethical Inquiry 1 (1):27-31.
Herman Nys (2010). Pt. 6. Organ Transplantation. Legal Protection of the Deceased Organ Donor in Europe. In André den Exter (ed.), Human Rights and Biomedicine. Maklu.
Added to index2010-09-02
Total downloads55 ( #28,485 of 1,101,177 )
Recent downloads (6 months)9 ( #23,055 of 1,101,177 )
How can I increase my downloads?