A Shortage of Human Organ Donation - Case Study Example

ETHICS Ethics of the Sale of Body Parts 
 Word Count 276 (5 pages) Section I. The Legal Status of the Sale of Body Parts in the U.S. A shortage of human organ donation has led to the ethical question: should the sale of body parts be legal in the United States? According to Andre et al. (2011), “In response to the shortage, proposals have come forth advocating the sale of non-vital human organs” (pgh. 2). On one hand, people have an ethical responsibility to prevent suffering and death. On the other hand, people also have to maintain their dignity and values. So, what is the cross-section where these two areas meet? Is it ever ethical to, in effect, “sell” body parts? Blood and semen are bodily fluids that are donated for money—so what would make donating body parts that much more different? For one thing, the sale of body parts in the U.S.—or anywhere else, as a matter of fact—is ethically questionable, at best. According to Wilkinson (2003), “Many of the arguments [we will] address…apply equally to all body parts and, indeed, to all body products” (pp. 101). Legally speaking, the sale of body parts is strictly forbidden in the United States. According to Gunning and Holm (2007), “For example, property right in human body or body parts is forbidden in the United States” (pp. 169). This is for many reasons, one of them being that the idea of trading body parts for cash could lead to the poor and disadvantaged selling their body parts for money. Also, people might sell these body parts wholesale, making the black market for body parts even greater. Section II. Five Ethical Issues Associated With the Sale of Body Parts Five ethical issues with regard to the sale of body parts—outside of the biomedical ethical standpoint—is that such a practice would be morally wrong, it would take away the human dignity of the sellers, it would take away the human dignity of the person whose body part would be taken, it would take away from the dignity of the doctors, and also create greed within the buyers. The mere practice of selling body parts would be wrong—not to mention the donation of an organ—in Judaism and Islam. The importance of the body being whole is emphasized due to the fact that going to the afterlife depends upon how one took care of one’s body. According to Holland and Johnson (1998), “For it may be thought that the human body has a significance that is incompatible with treating its parts as items for sale in a body shop or that such treatment is an affront to human dignity and respect for self” (pp. 192). Sellers’, doctors’, and recipients’ dignity would also be compromised. The dignity of the person whose body part would be taken would definitely be diminished by donating a body part for cash. According to Miller (2010), “It doesnt follow, though, that the sale of body parts is good for the parties or for the rest of us. Such sales—or gifts—might unduly alienate the seller from parts of his or her body that are and should remain so integral to [oneself]” (pp. 235). Section III. The Position of a Biomedical Products Engineer on the Sale of Body Parts, Using Two Ethical Theories (Utilitarianism and the Golden Rule) The two ethical theories that were selected were utilitarianism and the Golden Rule. Both of these ethical theories could both be applied to the pro as well as the con sides of the argument. With regard to utilitarianism, biomedical products can be used expediently for the greatest good of all. That may seem to endorse the sale of organs or body parts, but actually it doesn’t, therefore it shouldn’t be allowed. The sale of organs is actually prohibited for the good of everyone, because such sales would ultimately create a larger black market for body parts, and murders would skyrocket in number. Utilitarianism is generally regarded as “the greatest good for the greatest number.” Of course, utilitarianism does not always end up being the best deal out fo the bunch. According to Brandt (1992), “Utilitarianism is a theory about what people morally ought to do and, hence, is at least indirectly about which laws and institutions (since people can affect them) are morally acceptable” (pp. 370). In other words, the better of two evils (or more than two) has to be chosen. Thus, one may have to make a bad decision, but in order to do the best, one has to, in the end, make a choice. And so it goes, usually the choice that is made depends upon the utilitarian value, as it were—and that one must choose the best choice, and then afterwards make the best of a bad situation. The definition of utilitarianism is to make the best possible decision when all the decisions at hand are not necessarily going to benefit everybody, or necessarily anybody in a positive way. However, the best decision is one that takes into account all of the factors and does the least harm to anyone. The greatest good for the good of all concerned, as it were, is not necessarily a fool-proof, surefire way to make decisions, either. Some decisions are bad but they must be made anyway, because life or death could depend upon it. With regard to the Golden Rule, The Golden Rule states one must treat the other person like one wishes to be treated. According to Morton (2004), “Most moral systems acknowledge this fact in that they have principles like the golden rule ‘Do unto others as you would have them do unto you.’ So one might try to work out an ethical theory that began with such obvious principles…” (pp. 90). The Golden Rule simply states that one should not do harm unto another person. It states that one should do unto the other person as one would have something be done unto them. Therefore, this essentially means that no one should take advantage of anyone. This is especially difficult for illegal sellers of body parts to understand, who just care about making money off of the backs of poor, desperate people, who likely need the money so they are desperate to do anything to pay their bills. The Golden Rule theory works, but only because people adhere to it. If people weren’t nice to each other unconditionally, the Rule would be nothing but words on a page. If people sincerely care about each others’ well-being, the thinking goes that they will most likely not be interested in trying to harm the person or see him or her come to harm. Thus, doctors and recipients both can watch out for each other and help each other out, but they must mutually agree to be watchful for any illegal activity. The Golden Rule also applies to predatory sellers of body parts. These people who want to sell body parts should not try to prey upon customers whom they know are desperate to receive organ donations. On the same note, people who might attempt to utilize the services of black market body part sellers should not try to illegally purchase organs, committing a fraudulent or otherwise shady transaction. According to the Golden Rule theory, selling body parts would be illegal because goes against the fact that one should be kind to others. One is not being kind either by selling or purchasing a body part, because it is illegal. So, in this way, the Golden Rule levels out the playing field, and no one should have their body preyed upon due to the fact that they are socioeconomically disadvantaged, because that is morally reprehensible and wrong on so many levels. The conclusion that these theories lead to Is the following: the sale of body parts is not only illegal from utilitarianism’s perspective and also from the perspective of the Golden Rule, but such a move is reprehensible from the standpoint of biomedical ethics. REFERENCES Andre, C., & Velasquez, M. (2011). Kidneys for sale. Available: . Brandt, R.B. (1992). Morality, utilitarianism, and rights. UK: Cambridge University Press. Gunning, J., & Holm, S. (2007). Ethics, law, and society: volume 3. UK: Ashgate Publishing. Holland, A., & Johnson, A. (1998). Animal biotechnology and ethics. US: Springer. Miller, Franklin G. (2010). The ethics of consent: theory and practice. UK: Oxford University Press. Morton, A. (2004). Philosophy in practice: an introduction to the main questions. US: Wiley-Blackwell. Wilkinson, Steve. (2003). Bodies for sale: ethics and exploitation in the human body trade. US: Psychology Press. Read More