Journal of Applied Philosophy 28 (3):295-307 (2011)
Opt-out systems of postmortal organ procurement are often referred to as ‘presumed consent’ systems. A presumption directs us, in a case in which no compelling evidence is available to hold that P, nevertheless to proceed as if P were true, unless there is sufficient evidence that it is false. It is recommended to presume consent in this case, because, in the absence of registered objections of the deceased, it is held to be more probable that she consented than that she did not. Whether this suggestion makes sense, however, turns out to depend on the proper interpretation of the concept of ‘consent’. On a mental state conception of consent we are allowed to presume it if we have reason to suppose the deceased to have been in favour of donation. However, we should rather understand consent to be a public action of authorisation. On that view consent cannot be presumed, and the opt-out systems as we presently know them on the European continent and elsewhere do not satisfy the requirement that the deceased should have consented to the removal of his organs
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
What Does “Presumed Consent” Might Presume? Preservation Measures and Uncontrolled Donation After Circulatory Determination of Death.Pablo de Lora - 2014 - Medicine, Health Care and Philosophy 17 (3):403-411.
Similar books and articles
Presumed Consent, Autonomy, and Organ Donation.Michael B. Gill - 2004 - Journal of Medicine and Philosophy 29 (1):37 – 59.
The Role of the Relatives in Opt-in Systems of Postmortal Organ Procurement.Govert den Hartogh - 2012 - Medicine, Health Care and Philosophy 15 (2):195-205.
Normative Consent and Presumed Consent for Organ Donation: A Critique.M. Potts, J. L. Verheijde, M. Y. Rady & D. W. Evans - 2010 - Journal of Medical Ethics 36 (8):498-499.
Consenting Options for Posthumous Organ Donation: Presumed Consent and Incentives Are Not Favored. [REVIEW]Muhammad M. Hammami, Hunaida M. Abdulhameed, Kristine A. Concepcion, Abdullah Eissa, Sumaya Hammami, Hala Amer, Abdelraheem Ahmed & Eman Al-Gaai - 2012 - BMC Medical Ethics 13 (1):32-.
Posthumous Reproduction and the Presumption Against Consent in Cases of Death Caused by Sudden Trauma.Rebecca Collins - 2005 - Journal of Medicine and Philosophy 30 (4):431 – 442.
From Altruistic Donation to Conditional Societal Organ Appropriation After Death.Caroline Guibet Lafaye & Henri Kreis - 2013 - Ethical Theory and Moral Practice 16 (2):355-368.
Informed Consent: A Primer for Clinical Practice.Deborah Bowman - 2011 - Cambridge University Press.
The New Belgian Law on Biobanks: Some Comments From an Ethical Perspective.Sigrid Sterckx & Kristof van Assche - 2011 - Health Care Analysis 19 (3):247-258.
In the Best Interests of the Deceased: A Possible Justification for Organ Removal Without Consent?Govert Hartogh - 2011 - Theoretical Medicine and Bioethics 32 (4):259-269.
Consent and Informational Responsibility.Shaun D. Pattinson - 2009 - Journal of Medical Ethics 35 (3):176-179.
Organ Procurement Organizations Internet Enrollment for Organ Donation: Abandoning Informed Consent. [REVIEW]Sandra Woien, Mohamad Rady, Joseph Verheijde & Joan McGregor - 2006 - BMC Medical Ethics 7 (14):1-9.
Added to index2011-03-05
Total downloads54 ( #95,773 of 2,158,435 )
Recent downloads (6 months)4 ( #86,881 of 2,158,435 )
How can I increase my downloads?