מעודכן ל: 1.2.2022
donation of organs
transplantation of organs
USA:
Organ Transplants, 42 U.S.C.S. §§ 273-274g (LEXIS through Pub. L. No. 117-80) (search: 42 USCS 273).
UK:
Human Tissue Act 2004, c. 30 (UK).
Organ Donation (Deemed Consent) Act 2019 c. 7 (Eng., Wales, N. Ir.).
Human Tissue (Authorisation) (Scotland) Act 2019 (asp 11).
Hooper, Lundy & Bookman, Inc., Treatise on Health Care Law, (MB) §§ 21.01-.03 Lexis (database updated Nov. 2021). (CHAPTER 21: Death and Organ Transplantation).
Moral Conflicts of Organ Retrieval : A Case for Constructive Pluralism by
In this revised edition of Moral Conflicts of Organ Retrieval: A Case for Constructive Pluralism, Charles Hinkley elaborates on his moral philosophy of constructive pluralism and updates the literature on organ retrieval strategies. Hinkley challenges a deeply entrenched moral triad: 1) moral values are comparable; 2) the weighing metaphor helps us conceptualize decisions regarding conflicting values; and 3) there is a single best discoverable response to a moral decision. This book offers an alternative—cases of incomparability, a constructing or making metaphor, and multiple permissible responses to some moral questions. Constructive pluralism has important implications for organ transplantation, health, and ethics.
Organ Donation and the Divine Lien in Talmudic Law by
This book offers a new theory of property and distributive justice derived from Talmudic law, illustrated by a case study involving the sale of organs for transplant. Although organ donation did not exist in late antiquity, this book posits a new way, drawn from the Talmud, to conceive of this modern means of giving to others. Our common understanding of organ transfers as either a gift or sale is trapped in a dichotomy that is conceptually and philosophically limiting. Drawing on Maussian gift theory, this book suggests a different legal and cultural meaning for this property transfer. It introduces the concept of the 'divine lien', an obligation to others in need built into the definition of all property ownership. Rather than a gift or sale, organ transfer is shown to exemplify an owner's voluntary recognition and fulfilment of this latent property obligation.
Our Bodies Belong to God by
Why has Egypt, a pioneer of organ transplantation, been reluctant to pass a national organ transplant law for more than three decades? This book analyzes the national debate over organ transplantation in Egypt as it has unfolded during a time of major social and political transformation--including mounting dissent against a brutal regime, the privatization of health care, advances in science, the growing gap between rich and poor, and the Islamic revival. Sherine Hamdy recasts bioethics as a necessarily political project as she traces the moral positions of patients in need of new tissues and organs, doctors uncertain about whether transplantation is a "good" medical or religious practice, and Islamic scholars. Her richly narrated study delves into topics including current definitions of brain death, the authority of Islamic fatwas, reports about the mismanagement of toxic waste predisposing the poor to organ failure, the Egyptian black market in organs, and more. Incorporating insights from a range of disciplines, Our Bodies Belong to God sheds new light on contemporary Islamic thought, while challenging the presumed divide between religion and science, and between ethics and politics.
מעודכן ל: 1.2.2022
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