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Debate regarding organ sales is largely innocent of the history of thought on the matter. This volume seeks to remedy this shortcoming. Positions for or against a market in human organs are nested within moral intuitions, ontological or political theoretical premises, or understandings of special moral concerns, such as permissible uses of the body, which have a long history of analysis. The essays compass the views of Plato, Aristotle, Aquinas, Locke, Kant, Hegel, Mill and Christianity, as well as particular methodological approaches, such as the phenomenology of the body, natural law theory, legal theory and libertarian critique of legal theory. These discussions cluster a number of conceptually independent philosophical concerns: (1) What is the appropriate understanding of the relationship between persons and their bodies? (2) What does it mean to `own' an organ? (3) Do governments have moral authority to regulate how persons use their own body parts? (4) What are the costs and benefits of a market in human organs? Such questions are related by an urgent public health challenge: the considerable disparity between the number of patients who could significantly benefit from organ transplantation and the number of human organs available for transplantation. This volume explores the theoretical, normative, and historical foundations for alternative policies for procurement and transplantation of human organs.
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PERSONS A N D THEIR BODIES: RIGHTS, RESPONSIBILITIES, RELATIONSHIPS
Philosophy and Medicine VOLUME 60 Editors H. Tristram Engelhardt, Jr., Center for Medical Ethics and Health Policy, Baylor College of Medicine and Philosophy Department, Rice University, Houston, Texas S. F. Spicker, Massachusetts College of Pharmacy and Allied Health Sciences, Boston, Mass. Editorial Board George J. Agich, Department of Bioethics, The Cleveland Clinic Foundation, Cleveland, Ohio Edmund Erde, University of Medicine and Dentistry of New Jersey, Stratford, New Jersey E. Haavi Morreim, Department of Human Values and Ethics, College of Medicine, University of Tennessee, Memphis, Tennessee Becky White, California State University, Chico, California
The titles published in this series are listed at the end of this volume.
PERSONS AND THEIR BODIES: RIGHTS, RESPONSIBILITIES, RELATIONSHIPS Edited by
MARK J. CHERRY Saint Edward's University Austin, Texas, U.S.A.
KLUWER ACADEMIC PUBLISHERS NEW YORK / BOSTON / DORDRECT / LONDON / MOSCOW
eBook ISBN: Print ISBN:
0-306-46866-2 0-792-35701-9
©2002 Kluwer Academic Publishers New York, Boston, Dordrecht, London, Moscow
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TABLE OF CONTENTS
PREFACE
vii
MARK J. CHERRY / Persons and Their Bodies: Rights, Responsibilities, and the Sale of Organs
1
SECTION ONE / BODIES AND PERSONS: ONTOLOGICAL QUESTIONS R.J. HANKINSON / Body and Soul in Greek Philosophy WENDY DONNER / A Millian Perspective on the Relationship Between Persons and Their Bodies S. KAY TOOMBS / What Does it Mean to be SomeBody ? Phenomenological Reflections and Ethical Quandaries ALLYNE L. SMITH, JR. / An Orthodox Christian View of Persons and Bodies
35 57 73 95
SECTION TWO / NATURAL LAW AND NATURAL RIGHTS JOSEPH BOYLE / Personal Responsibility and Freedom in Health Care: A Contemporary Natural Law Perspective 111 ERIC MACK / The Alienability of Lockean Natural Rights 143 GEORGE KHUSHF / Inalienable Rights in t