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Internal organs, integral selves, and good communities: opt-out organ procurement policies and the ‘separateness of persons’

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Abstract

Most people accept that if they can save someone from death at very little cost to themselves, they must do so; call this the ‘duty of easy rescue.’ At least for many such people, an instance of this duty is to allow their vital organs to be used for transplantation. Accordingly, ‘opt-out’ organ procurement policies, based on a powerfully motivated responsibility to render costless or very low-cost lifesaving aid, would seem presumptively permissible. Counterarguments abound. Here I consider, in particular, objections that assign a moral distinctiveness to the physical boundaries of our bodies and that concern autonomy and trust. These objections are singled out as they seem particularly pertinent to the stress I place on a distinctive benefit of the particular policy I defend. An opt-out system, resting not on the authority of ‘presumed consent’ but on the recognition of a duty to one another, has the prospect of prompting people to understand more richly the ways in which they are both physically embodied and communally embedded.

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Notes

  1. I have considered several other problems elsewhere, most recently in [2, 3].

  2. I have in mind, in particular, Cécile Fabre [5] and David Hershenov and James Delaney [6]. Hershenov and Delaney analogize organ provision to mandatory autopsy; it is not clear that they think society needs to recognize any basis for dissent at all.

  3. See, e.g., Margaret Urban Walker [7, ch. 4].

References

  1. Abadie, Alberto, and Sebastien Gay. 2006. The impact of presumed consent legislation on cadaveric organ donation: A cross-country study. Journal of Health Economics 25: 599–620.

    Article  Google Scholar 

  2. Nelson, James Lindemann. 2010. Donation by default? International Journal of Feminist Approaches to Bioethics 3: 23–42.

    Article  Google Scholar 

  3. Nelson, James Lindemann. 2009. Dealing death and retrieving organs. Journal of Bioethical Inquiry 6: 285–291.

    Article  Google Scholar 

  4. Rawls, John. 1999. A theory of justice. Rev. ed. Cambridge, MA: Harvard University Press.

    Google Scholar 

  5. Fabre, Cécile. 2006. Whose body is it anyway? Justice and the integrity of persons. Oxford: Oxford Unversity Press.

    Book  Google Scholar 

  6. Hershenov, David, and James Delaney. 2009. Why consent may not be needed for organ procurement. American Journal of Bioethics 9: 3–10.

    Google Scholar 

  7. Walker, Margaret. 2007. Moral understandings. New York: Oxford University Press.

    Google Scholar 

  8. U.S. Department of Health and Human Services. 2009. Annual report of the U.S. organ procurement and transplantation network and the scientific registry of transplant recipients: Transplant data 1999–2008. Rockville, MD: DHHS, Health Resources and Services Administration. http://optn.transplant.hrsa.gov/ar2009/106_dh.htm?o=1&g=1&c=12. Accessed January 27, 2011.

  9. Kamm, Frances. 1998. Morality, mortality, vol. 1: Death and whom to save from it. Oxford: Oxford University Press.

  10. Etzioni, Amitai. 2003. Organ donation: A communitarian approach. Kennedy Institute of Ethics Journal 13: 1–18.

    Article  Google Scholar 

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Acknowledgments

I am grateful, as is so often the case, to Professor Hilde Lindemann for her close reading of an earlier draft.

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Correspondence to James Lindemann Nelson.

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Nelson, J.L. Internal organs, integral selves, and good communities: opt-out organ procurement policies and the ‘separateness of persons’. Theor Med Bioeth 32, 289–300 (2011). https://doi.org/10.1007/s11017-011-9192-y

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