PHIL226 Lecture Notes - Lecture 5: Free Rider Problem, Conscription, Organ Donation

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PHIL 226 – Week Three Notes
What are the 3 main policies Re organ donation that we need to consider?
1. Opting In - No donation unless you say yes
2. Opting Out (or ‘Presumed Consent’) - Donation unless you say no
3. Routine Recovery - Mandatory donation
What are the 2 main objections Re opting in?
1. Results in organ shortage
2. If you would have been willing, but you never took the time to opt in, then
your organs will not be donated (unless your family is available to consent).
What are the 2 main objections Re opting out?
1. Still results in organ shortage
2. It results in some donation without consent, and so it is morally similar, yet
less effective, than routine recovery.
oPeople who don’t know about the policy are effectively donating
without consent.
oIf you didn’t want to donate, but never took the time to opt out, then
your organs will be donated (unless your family is available to refuse).
What are the 5 benefits of routine recovery?
1. Saves lives
2. Saves money - Fewer administrative costs, No need for endless public
campaigns
3. Reduces stress on family – No need to make a choice
4. No Free Riders – People who benefit from a system that is created by
collective efforts, and who voluntarily choose not to do their part in those
collective efforts.
oEx. Someone willing to be organ recipient, but unwilling to be donor.
oNote: This is different from someone who simply is unable to
contribute to those collective efforts.
5. No exploitation (from live organ sales)
What are the 2 main points that CLAIM 1: Routine recovery has benefits and no
harms targets?
1. Autonomy:
oThe dead do not have autonomy, and so RR doesn’t violate it.
oThe autonomy of the living is not affected by RR - “People would be
just as free as they were before”
2. Posthumous Harm:
oEx. “A wish for bodily integrity after death” (ibid, 184)
Reply 1: “Dead bodies decay very quickly” (ibid)
Reply 2: “After a person dies, the person whom he or she was
ceases to exist”
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