Should Organs Be Bought And Sold?

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Student - Oliver Maltby

Lecturer - Lesley Blackford

Question - Should Organs Be Bought And Sold?

Should people be allowed to buy and sell organs? At the moment, exchanging organs for money is illegal, but some members of various medical and business communities would like to change that. There are two main reasons for this - a person's organs belong to them (so they should be able to do with them as they wish) and the shortage of available organs means we need changes in order to make more organs available and thus save more lives. There are also a number of reasons against selling organs, the two main ones being the fact that selling organs leads to the commodification of human bodies and the second about the exploitation of the poor for the benefit of the rich. These are difficult reasons to explain and may not convince everyone, but they give the overall view of what our society believes.

It’s not very clear that just because the only possible "owner" of an organ is the person in whose body it exists that, this same person should also be able to sell it to the highest bidder. You own your whole body as well, but does that mean you can sell yourself into slavery? Of course not - in modern society, the "ownership" a person has over their body is treated as in that it cannot be legally sold to any other party. Just saying that you "own" something does not also give you the right to transfer ownership and control to anyone else. An important social reason for why the transfer ("ownership") of body parts is so restricted is because of how it is so exploitable of the poor by the rich. Rich people have not sold themselves into slavery, the poor have. Rich people are not protected by minimum wage laws, the poor are. Rich people are not protected by laws against selling organs, the poor are. In each case, it is the rich who would most benefit by moving laws into the opposite direction, not the poor.

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If a person’s organs become another item that can be bought and sold, like cars or furniture, doesn’t that mean they should be treated like such? If a person goes into bankruptcy, would the value of their organs be considered in the final value of their estate? If a person dies and property has to be sold in order to pay off debts, might the person’s relatives be forced into selling the organs? Even those who are in favour of a system of selling and buying organs will laugh at such prospects and would favour regulations that would prevent just ...

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