This essay deals with property rights in body parts that can be exchanged in a market. The inquiry arises in the following context. With some exceptions, the laws of many countries permit only the donation, not the sale, of body parts. Yet for some years there has existed a shortage of body parts for transplantation and other medical uses. It might then appear that if more sales were legally permitted, the supply of body parts would increase, because people would have (...) more incentive to sell than they currently have to donate. To allow sales is to recognize property rights in body parts. To allow sales, however, makes body parts into “commodities”—that is, things that can be bought and sold in a market. And some view it as morally objectionable to treat body parts as commodities. (shrink)

Due to the shortage of organs, it has been proposed that the ban on organ sales is lifted and a market-based procurement system introduced. This paper assesses four prominent proposals for how such a market could be arranged: unregulated current market, regulated current market, payment-for-consent futures market, and the family-reward futures market. These are assessed in terms of how applicable prominent concerns with organ sales are for each model. The concerns evaluated are that organ markets will crowd out altruistic donation, (...) that consent to sell organs is invalid, that sellers will be harmed, and that commodification of organs will affect human relationships in a negative way. The paper concludes that the family-reward futures market fares best in this comparison but also that it provides the weakest incentive to potential buyers. There is an inverse relationship between how applicable prominent critiques are to organ market models and the increase in available organs they can be expected to provide. (shrink)

The self-ownership thesis asserts, roughly, that agents own their minds and bodies in the same way that they can own extra-personal property. One common strategy for defending the self-ownership thesis is to show that it accords with our intuitions about the wrongness of various acts involving the expropriation of body parts. We challenge this line of defense. We argue that disgust explains our resistance to these sorts of cases and present results from an original psychological experiment in support of this (...) hypothesis. We argue further that learning that disgust is responsible for pro-self-ownership intuitions should reduce our confidence in those intuitions. After considering and rejecting some prominent “debunking” arguments predicated on disgust’s evolutionary history, we provide alternative reasons for thinking that disgust is not a reliable source of moral judgments. Rejecting the reliability of disgust as a mechanism for producing moral beliefs coheres with our considered judgments about the general kinds of considerations that are morally relevant and a range of particular moral problems. (shrink)

Commodification is a broad and crosscutting issue that spans debates in ethics (from prostitution to global market practices) and bioethics (from the sale of body parts to genetic enhancement). There has been disagreement, however, over what constitutes commodification, whether it is happening, and whether it is of ethical import. This chapter focuses on one area of the discussion in bioethics – the commodification of human tissue – and addresses these questions – about the characteristics of commodification, its pervasiveness, and ethical (...) significance – in order to clarify and map the commodificatory debate. The chapter does this in three parts. First, it defines commodification as the shift from “persons” to “things” and from “relationships” to services for “contract.” Second, using examples of kidney and gamete sale and commercial surrogacy, it argues that commodification is rife in bioethics. Third, it contends that commodification is an ethical problem for three key reasons: First, because it leads to exploitation; second, because some things should not be for sale; and third, because it damages social goods. The chapter concludes that commodification and commodificatory practices should be resisted. (shrink)

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed (...) in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can be grounded directly in moral duties. The author explains some of Kant’s reasons for rejecting this assumption and concludes that arguments pertaining to the legality of kidney sales developed on the basis of Kant’s moral philosophy should no longer be considered tenable. (shrink)

Many philosophers have argued that prosthetic limbs are the subjects of some of the same rights as traditional body parts. This is a strong argument in favour of respecting the rights of users of prosthetics. I argue that all of the reasons to consider paradigm prosthetics the subjects of body-like rights apply to the relationship between some emotional support animals and their handlers. ESAs are integrated into the functioning of their handlers in ways that parallel the ways that paradigm prosthetics (...) are integrated into the functioning of their users. ESAs are also phenomenologically integrated into their handler’s lives in ways that parallel the phenomenological integration that prosthetic users experience. These parallels provide a strong reason to take the rights of ESA handlers much more seriously than we do now. I will highlight that the current treatment of ESA handlers presumes that they have no rights to ESAs at all. Even if ESAs are the subject of very minimal body-like rights, ESA handlers are having their rights violated. There are of course disanalogies between ESAs and paradigm prosthetics. Most notably, ESAs are alive and separate from their handlers. However, none of these disanalogies are relevant to the question of body-like rights. The differences between ESAs and paradigm prosthetics are in terms of what treatment is owed to them, not in terms of what rights their handlers and users should have. ESAs are not prosthetics, but they deserve some of the rights prosthetics do. (shrink)

Technological advances are making devices that functionally replace body parts—artificial organs and limbs—more widely used, and more capable of providing patients with lives that are close to “normal.” Some of the ethical issues this is likely to raise relate to how such prostheses are conceptualized. Prostheses are ambiguous between being inanimate objects and sharing in the status of human bodies—which already have an ambiguous status, as both objects and subjects. At the same time, the possibility of replacing body parts with (...) artificial objects puts pressure on the normative status typically accorded to human bodies, seemingly confirming that body parts are replaceable objects. The paper argues that bodies’ normative status relies on the relation of a body to a person and shows that persons could have similar relations to prostheses. This suggests that in approaching ethical issues surrounding prostheses, it is appropriate to regard them as more like body parts than like objects. (shrink)

ABSTRACT Largely as a result of public outcry, legislation has recently been passed in the UK prohibiting the sale of bodily parts. This topic was the focus of a recent article in Journal of Applied Philosophy by Ruth Chadwick, which acknowledged that difficulties might exist in trying to distinguish between the selling of one's bodily organs and the selling of one's labour. The position argued for, in the ensuing discussion, is that there is no relevant moral difference between the two (...) acts. Furthermore it contests the view that the sale of bodily organs should necessarily be prohibited. The assertion is made that the legislation does little to prevent the general exploitation of the type of person likely to be involved in such transactions, places unnecessary restrictions on the autonomy of individuals, and does nothing to promote an enhanced moral attitude by health professionals. (shrink)

The commercial trading of human organs, along withvarious related activities (for example, advertising)was criminalised throughout Great Britain under theHuman Organ Transplants Act 1989.This paper critically assesses one type of argumentfor this, and similar, legal prohibitions:commodification arguments.Firstly, the term `commodification' is analysed. Thiscan be used to refer to either social practices or toattitudes. Commodification arguments rely on thesecond sense and are based on the idea that having acommodifying attitude to certain classes of thing(e.g. bodies or persons) is wrong. The commodifyingattitude consists (...) of three main elements: denial ofsubjectivity, instrumentality, and fungibility.Secondly, in the light of this analysis, the claimthat organ sale involves commodifying the human bodyis examined. This claim is found to be plausible butinsufficient to ground an argument against organ sale,because the very same commodifying attitude is likelyto be present in cases of (unpaid) organ donation. Itis also argued that commodifying bodies per semay not be wrong.Thirdly, the view that organ sale involvescommodifying persons is examined. Although this andthe claim that it is wrong to commodify persons areprobably true, there is – it is argued – littlereason to regard organ sale as worse in this respectthan other widely accepted practices, such as thebuying and selling of labour.The conclusion is that although commodification is auseful ethical concept and although commodificationarguments may sometimes be successful, thecommodification argument against organ sale is notpersuasive. This is not to say, though, that thereare no arguments for prohibition – simply that thisparticular justificatory strategy is flawed. (shrink)

In this essay, I argue that the Commodification Objection, locates a phenomenon of real moral significance. In defending the Commodification Objection, I review three common criticisms of it, which claim firstly, that commodification doesn’t always lead to instrumentalization; secondly, that commodification isn’t the only route to such an outcome; and finally, that the Commodification Objection applies only to persons, and human organs are not persons. In response, I conclude that moral significance does not require that an undesirable outcome be a (...) necessary consequence of the phenomenon under examination; the relative likelihood of an undesirable mode of regard arising provides a morally-relevant distinguishing marker for assessing the comparative moral status of social institutions and arrangements; and sales in blood products are sufficiently distinct from sales of everyday artefacts and sufficiently close to personhood to provide genuine grounds for concern. Accordingly, criticisms of the Commodification Objection do not provide grounds for rejecting the claim that human organ sales in general and compensation for blood plasma donation in particular can have morally pernicious ‘commodificatory effects’ upon our attitudes, for what human organ sales provide is a distinctive ethical hazard. (shrink)

Can choosing to sale one’s kidney be morally permissible? “No”, Kant would answer. Humanity, whether in one’s own person or that of any other, must never be treated merely as a means, but always at the same time as an end, is Kant’s instruction. He thought that organ sale violates this imperative. Lectures on Ethics shows that “... a man is not entitled to sell his limbs for money…. If a man does that, he turns himself into a thing, and (...) then anyone may treat him as they please, because he has thrown his person away....” This paper explains Kant’s reasons against commerce in organs, drawing on his views on prostitution, and the moral impermissibility of sexual use within this context, a case which he himself compares to the selling of one’s body part. Can choosing to donate one’s kidney be morally permissible? If we take Kant’s views at face value, it would follow that organ donation is on a par with morality only if it takes place in a context where people have gained rights over each other’s persons. In this context, however, a person has a right to her partner’s kidney should she happen to need it, which can open the path to bodily violation. Moreover, this view severely restricts the permissibility of organ donation. In this paper, I argue that a closer examination of Kant’s views on what is involved in the idea of respecting humanity could reveal that organ donation does not violate the categorical imperative. In fact, it could be said to follow from such an imperative that we actually have a duty to organ donation. (shrink)