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On Family Informed Consent in the Legislation of Organ Donation in China

In Ruiping Fan (ed.), Family-Oriented Informed Consent: East Asian and American Perspectives. Cham: Springer Verlag (2015)

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  1. Family-Based Consent for Organ Donation: Benevolence and Reconstructionist Confucianism.Yu Cai - 2019 - Journal of Medicine and Philosophy 44 (5):573-587.
    This paper explores organ donation through the perspective of Reconstructionist Confucianism. I argue that for organ donation in China to be morally permissible, public policy must conform to the norms of Confucian benevolence. Reconstructionist Confucianism appreciates benevolence as an objectively important feature of morality deeply connected to moral rules governing propriety, integrity, righteousness, and human freedom. Here, benevolence involves sincere affection for another as an intrinsic good, rather than as a means to achieve other purposes. It requires developing self-restraint and (...)
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  • Family-Based Consent and Motivation for Cadaveric Organ Donation in China: An Ethical Exploration.Ruiping Fan & Mingxu Wang - 2019 - Journal of Medicine and Philosophy 44 (5):534-553.
    This essay indicates that Confucian family-based ethics is by no means a stumbling block to organ donation in China. We contend that China should not change to an opt-out consent system in order to enhance donation because a “hard” opt-out system is unethical, and a “soft” opt-out system is unhelpful. We argue that the recently-introduced familist model of motivation for organ donation in mainland China can provide a proper incentive for donation. This model, and the family priority right that this (...)
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