Ethics and metaphysics of cadaveric organ conscription for transplantation

There is a shortage of organs for transplantation resulting in long waiting lists, and many die while waiting for a new organ. Different policies are discussed for solving this problem, but the most effective, namely the conscription of cadaveric organs, the routine taking of organs from dead bodies, is considered too controversial and is therefore not implemented anywhere.I discuss the reasons for and against conscription; the former are mainly based on utilitarian arguments, while the latter are mainly based on the interests and rights of the deceased and his family. (He, his, or him, is understood to mean he/him/his or she/her/hers throughout the article.) .This article investigates whether the deceased has any interests and rights. I argue that dead bodies are mere things and thus without interests or rights. I also discuss whether the interests of the family should override the needs of patients who are on waiting lists for organs.Using arguments based on Epicurean philosophy, and supported by contemporary scholars, I conclude that dead bodies do not have interests and rights and that the possible interests and rights of the dead’s family cannot be more important than saving the lives of the people on waiting lists for organs.Thus, I argue that conscription of cadaveric organs for transplantation can be defended and should be implemented as a normal hospital practice.

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Publication Details

Journal
Bioethics News
Published
2025-11-13
DOI
https://doi.org/10.1007/s40592-025-00268-9
Primary Topic
Organ Donation and Transplantation
Type
article
Field-Weighted Citation Impact
0.00

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article

Ethics and metaphysics of cadaveric organ conscription for transplantation

Bjørn Hol
Bioethics News
Organ Donation and Transplantation
article

Ethics and metaphysics of cadaveric organ conscription for transplantation

Bjørn Hol
article en

Abstract

There is a shortage of organs for transplantation resulting in long waiting lists, and many die while waiting for a new organ. Different policies are discussed for solving this problem, but the most effective, namely the conscription of cadaveric organs, the routine taking of organs from dead bodies, is considered too controversial and is therefore not implemented anywhere.I discuss the reasons for and against conscription; the former are mainly based on utilitarian arguments, while the latter are mainly based on the interests and rights of the deceased and his family. (He, his, or him, is understood to mean he/him/his or she/her/hers throughout the article.) .This article investigates whether the deceased has any interests and rights. I argue that dead bodies are mere things and thus without interests or rights. I also discuss whether the interests of the family should override the needs of patients who are on waiting lists for organs.Using arguments based on Epicurean philosophy, and supported by contemporary scholars, I conclude that dead bodies do not have interests and rights and that the possible interests and rights of the dead’s family cannot be more important than saving the lives of the people on waiting lists for organs.Thus, I argue that conscription of cadaveric organs for transplantation can be defended and should be implemented as a normal hospital practice.

Bioethics News
University of Oslo (NO)
European Commission, Universitetet i Oslo
Openalex Percentile: Top 56%
Organ Donation and Transplantation
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Ethics and metaphysics of cadaveric organ conscription for transplantation — Bjørn Hol · Bioethics News (2025) | TGRS Research Map | TGRS