Cover

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Title Page, Copyright

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Contents

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Acknowledgments

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pp. vii-viii

Throughout the writing of this manuscript, I benefited from numerous discussions and commentaries concerning various ancestral versions. I am in the debt of many for their critical comments and useful suggestions. In particular, this volume profited from my conversations with H. Tristram Engelhardt Jr., Baruch A. Brody, George Sher, and Gerald...

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Introduction

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pp. ix-xiv

In the United States, more than 44,308 patients died while waiting for organ transplants from 1992 through 2001.1 An additional 6,385 patients died in 2002, and 6,509 in 2003.2 Many others endured painful, life-sustaining measures, while queuing for available organs. Despite the significant potential of commercialization to increase the efficiency and effectiveness...

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CHAPTER ONE. Human Organ Sales and Moral Arguments: The Body for Beneficence and Profit

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pp. 1-17

This study addresses a cluster of conceptually independent philosophical concerns. They 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 transplant. In August 2004, more than 86,000 patients...

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CHAPTER TWO. Metaphysics, Morality, and Political Theory: The Presuppositions of Proscription Reexamined

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pp. 18-71

Before forming blanket moral judgments whether to condemn or praise, before even considering likely costs and benefits, one must assess what would have to be granted regarding the relationship of persons with their bodies, the ownership of body parts, and the limits of societal and governmental authority for the sale of human organs for transplantation to be morally permissible. Critical assessment of such commercialization must begin...

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CHAPTER THREE. A Market in Human Organs: Costs and Benefits, Vices and Virtues

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pp. 72-112

The previous chapter assessed understandings of embodiment, property, and political authority under which a market in human organs would, all things considered, be morally permissible. These necessary and sufficient conditions were assessed by exploring the relationship between persons and their bodies, the senses in which organs can be property, the distinction...

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CHAPTER FOUR.The Body, Its Parts, and the Market: Revisionist Interpretations from the History of Philosophy

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pp. 113-146

The previous chapters had two goals: on the one hand, to assess what understandings of embodiment, body ownership, and political authority would have to be granted for a market in human organs, all things being equal, to be morally permissible; and, on the other hand, to assess the costs and benefits that challenge such a ceteris paribus finding, thereby rendering a market in human organs more or less plausible. The advantages and...

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CHAPTER FIVE. Prohibition: More Harm Than Benefit?

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pp. 147-162

As a field of inquiry, Western bioethics aspires to an international political stage. Bioethicists almost inevitably lay claim to a universal account of morality, and professional moral deportment, including the purported foundations of law and public policy, as well as the moral authority for national law and international treaty to guide and hopefully guarantee uniformity of practice. Its claims are framed as assertions or discoveries...

APPENDIX

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pp. 163-168

List of Cases

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pp. 169-170

Notes

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pp. 171-244

Index

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pp. 245-258