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Justice and the Compulsory Taking of Live Body parts

  • Cécile Fabre (a1)

This paper argues that, if one thinks that the needy have a right to the material resources they need in order to lead decent lives, one must be committed, in some cases, to conferring on the sick a right that the healthy give them some of the body parts they need to lead such a life. I then assess two objections against that view, to wit: to confer on the sick a right to the live body parts of the healthy (a) violates the bodily integrity of the latter; and (b) constitutes too much of an interference in their life. I conclude that although the sick sometimes have a right to some of the body parts of the healthy, the latter still retain a considerable degree of autonomy.

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B. Williams , ‘Persons, Characters, and Moralit’, in his Moral Luck, Cambridge, 1981

C. Fabre , Social Rights Under the Constitution: Government and the Decent Life, Oxford, 2000, ch. 1

M. Nussbaum , Women and Human Development-The Capabilities Approach, Cambridge, 2000

A. Twerski , M. Gold , and W. Jacob , ‘Jewish Perspectives’, in New Harvest: Transplanting Body Parts and Reaping the Benefits, ed. D. C. Keyles , Clifton, NJ, 1991

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  • ISSN: 0953-8208
  • EISSN: 1741-6183
  • URL: /core/journals/utilitas
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