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Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People
It is often maintained that, since the buying and selling of organs—particularly the kidneys—of living people supposedly constitutes exploitation of the living vendors while the so-called “altruistic” donation of them does not, the former, unlike the latter, should be a crime. This paper challenges...
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Formato: | Online Artículo Texto |
Lenguaje: | English |
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Springer Singapore
2021
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Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8324612/ https://www.ncbi.nlm.nih.gov/pubmed/33616831 http://dx.doi.org/10.1007/s11673-021-10091-6 |
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author | McLachlan, Hugh V. |
author_facet | McLachlan, Hugh V. |
author_sort | McLachlan, Hugh V. |
collection | PubMed |
description | It is often maintained that, since the buying and selling of organs—particularly the kidneys—of living people supposedly constitutes exploitation of the living vendors while the so-called “altruistic” donation of them does not, the former, unlike the latter, should be a crime. This paper challenges and rejects this view. A novel account of exploitation, influenced by but different from those of Zwolinski and Wertheimer and of Wilkinson, is developed. Exploitation is seen as a sort of injustice. A distinction is made between justice and fairness. To exploit someone is to take advantage of him or her unjustly. Exploitation pertains to the nature of actions, interactions, and transaction rather than to their outcomes or to how they are perceived by exploitees. Desperation on the part of one or other of the parties to a transaction does not preclude the giving of valid consent to the transaction. Disparities of power or wealth between the parties to a transaction do not indicate or entail that the transaction will be exploitative. A disparity in the benefits that arise from a transaction between the parties does not indicate or entail that exploitation has taken place. |
format | Online Article Text |
id | pubmed-8324612 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2021 |
publisher | Springer Singapore |
record_format | MEDLINE/PubMed |
spelling | pubmed-83246122021-08-02 Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People McLachlan, Hugh V. J Bioeth Inq Original Research It is often maintained that, since the buying and selling of organs—particularly the kidneys—of living people supposedly constitutes exploitation of the living vendors while the so-called “altruistic” donation of them does not, the former, unlike the latter, should be a crime. This paper challenges and rejects this view. A novel account of exploitation, influenced by but different from those of Zwolinski and Wertheimer and of Wilkinson, is developed. Exploitation is seen as a sort of injustice. A distinction is made between justice and fairness. To exploit someone is to take advantage of him or her unjustly. Exploitation pertains to the nature of actions, interactions, and transaction rather than to their outcomes or to how they are perceived by exploitees. Desperation on the part of one or other of the parties to a transaction does not preclude the giving of valid consent to the transaction. Disparities of power or wealth between the parties to a transaction do not indicate or entail that the transaction will be exploitative. A disparity in the benefits that arise from a transaction between the parties does not indicate or entail that exploitation has taken place. Springer Singapore 2021-02-22 2021 /pmc/articles/PMC8324612/ /pubmed/33616831 http://dx.doi.org/10.1007/s11673-021-10091-6 Text en © The Author(s) 2021 https://creativecommons.org/licenses/by/4.0/Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ (https://creativecommons.org/licenses/by/4.0/) . |
spellingShingle | Original Research McLachlan, Hugh V. Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People |
title | Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People |
title_full | Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People |
title_fullStr | Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People |
title_full_unstemmed | Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People |
title_short | Exploitation, Criminalization, and Pecuniary Trade in the Organs of Living People |
title_sort | exploitation, criminalization, and pecuniary trade in the organs of living people |
topic | Original Research |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8324612/ https://www.ncbi.nlm.nih.gov/pubmed/33616831 http://dx.doi.org/10.1007/s11673-021-10091-6 |
work_keys_str_mv | AT mclachlanhughv exploitationcriminalizationandpecuniarytradeintheorgansoflivingpeople |