CEU Electronic Theses and Dissertations, 2019
Author | Ejiofor, Promise Frank |
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Title | The Ethics of Organ Sale |
Summary | This research assesses the ethical conundrums that have arisen as to whether and under which circumstances the commercialisation of human body parts—precisely, kidneys—can be legally permissible. In consequence of organ trade being criminalised in almost all states in the world, proponents of ethical markets in human organs contend that legalising the organ markets would address the current dearth in organ supply, and mitigate the harms and risks that accrue from the abuses of illicit organ markets. Contra these somewhat seductive but ostensibly implausible argumentations, I advance a novel autonomy-based normative framework in defence of ethical markets in human organs. I contend that provided able-bodied persons are autonomous, that is, they are not completely bereft of (1) the minimum resources—income, housing, education and healthcare—to lead a minimally flourishing life, and (2) that they have the appropriate mental capacities and independence to choose amongst a meaningful range of options, they have the right to dispense their organs to those in need so as to pursue their conceptions of the good and ethically flourish. Autonomous persons have a claim-right against third parties—the state—not to interfere in the sale and purchase of their kidneys and the state has the correlative duty to recognise the transaction as legally binding and valid. |
Supervisor | Sándor, Judit |
Department | Political Science MA |
Full text | https://www.etd.ceu.edu/2019/ejiofor_promise.pdf |
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