Sale of human organs is
a popular topic of ethical discussions that exhibits a polarized debate that
offers no compromising solution. Moral dilemmas involved in the sale of human
organs make up its ethical issue (Shaheen, 1987). The arguments for and against
sale of human organs have justification through moral principles however; no
argument is fully accepted.The improvement in the health technology has
necessitated the transplants of organs such as the kidneys. The 21st
century has been noted to experience increased instances of organ transplants. Increased rate of organs transplants has
resulted to shortages of organs supply. Most people nowadays are not willing to
give out their organs free as there before. Many people are not willing to give
away their organs free, Most of opt to sell them. Some surgeons are advocating
for the UK government to legalize the sale of human organs (Jone, 1999). Legalizing the sale of human organs in UK
will reduce instances where UK residents are forced to travel abroad to buy
organs for transplant from the black market. The illegal buying of these organs
makes many UK patients’ who undergo these operations abroad having to undergo
the same operations once again when they get back home because of the poor
operations they receive (Goddard, 1992). This discussion uses the utilitarianism theory to address the issues that
are related to legalization of the sale of human organs. After addressing these
issues, appropriate recommendations are given on the strategy that the UK
government should use when legalizing the sale of human organs. This discussion
is based on the article titled ‘Legalize sale of human organs to end 'transplant tourism', say surgeons” by Clare
Bates (Bates,
2011).
The utilitarianism theory states that the right course of action is the
action that brings maximum good. The theory uses the nature of outcome of an
action to judge the moral worth of the action. The Act utilitarianism states that
before making any choice, one should weigh the consequence of each action and
settle for the one that is more likely to give the greatest pleasure (Mill,
2009). The rule of utilitarian involves first determining the potential rules
of an action. It advocates that in order to determine the right rule to apply
in a certain situation, one should consider the effects of its prolonged use.
The rule suggests that if the rule result to more happiness than it was
initially due to its prolonged use, then it is a rule that should be followed
at always (Mill, 2009).
An organ is a
body tissue that aids in the general operations of the body. Many individuals
in the modern world are unwilling to legitimize the obtaining of vital body
organs. The buyers are willing to obtain organs in the black market illegally
and immorally. They normally take advantage of the financially weak individuals
to obtain these organs. The individuals who sell their organs do so because the
society has failed to meet their daily needs. The great advancement in
technology and especially in the medical treatment has aided organ transplant. However,
most organ transplants are carried out by unqualified professionals .This leads
to massive loss of life in the process. Nowadays the high increase in organ
transplants globally is greatly affected by the low supply of the organs. This
shortage had hindered many individuals from receiving the required medication
that are vital to save their life or greatly improve their quality of lives. The
acts of selling organs in the modern society are dehumanizing. Moreover, it is
against the moral values advocated for by the society. Opponents argue that the
behavior is against the ethics of life envisaged in the constitution. They
point out that most at times a life that could still be okay is lost in the
process.
The restrictions
of the sale of human organs in many countries such as UK and Canada have caused
access of these organs in these nations difficult. The U.S. government has
legalized the sale of human organs and blood. Thus, the nation has been
successive in supplying their patients with adequate blood for transfusion
purposes and organs for transplants (Jone, 1999).Adequate supply of these
organs in U.S has enhanced the lives of many individuals and save lives for many.
In a contemporary society like the USA where the sale of organs is legal,
individuals have morally accepted the trade. This is because the sale has been
of more good than harm to the citizens. The sale of human organs is right in
their view because it has helped many people live better lives. This has been
made possible by the formulation of sound legislation to guide the transplant
processes. In addition, these policies are been viewed by the society as a sole
reason of saving peoples’ lives. This has enhanced the overall happiness in the
society. The recovery of the patients who receive these medications makes them
to assume their day –day –activities that enable them contribute positively to
the economical progress of their nations. In nations where the sale of human
organs is restricted, the ethical view is quite different. There is a strong
conviction from the public that its immoral to trade with other peoples organs.
The societies normally have strong human rights bodies who strongly oppose the
sale. The society has build a notion that if need be, an organ should be giving
out in good faith to an affected party without attaching any monetary value to
it. This has natured harmonization and selflessness on the part of the
citizens. From the proponents of the sale of body organs, they argue that the restriction
has lead to less supply of these organs. They advocate for its acceptance
pointing out that it has lead to lack of happiness to the people affected by
the loose of their loved ones and eventually overall unhappiness to the society
at large (May, 1977). Therefore, the
concerned to their view the governments should legalize the sale of human
organs so that to increase their supply such that everyone is in a position to
receive them when such instances occurs as long as he/she can afford to buy
them. The sale of human organs is thus
ethical as it enhances access of these organs to those patients who need organ
transplants. Individuals in the society who are in need for body organs and are
able to access the vital parts support their view. Their recovery helps them
live happily with their beloved, some of who are opposed to their act of
purchasing the organs and fulfilling lives, which could not have been possible
without receiving the organs necessary for the organ transplants (Bates, 2011).The
society supports its aggrieved citizens by legalizing the trading of organs.
This is viewed as a good to the contemporary society as it fosters happiness
amongst its needy citizens.
In addition,
the sale of human organs has helped many people receive some money to
supplement their strained budgets at one moment or another. Many people are nowadays living in great
distress due to the current increased cost of living. The income that many
people receive is not sufficient to take care of the many bills they have to
settle. Therefore, when they are given an opportunity to exchange their organs
at a fee, the money they receive helps them greatly to supplement their stressed
budget. This makes them happy since they have earned an extra coin that enable
them to purchase something extra which they could not have been in a position to
buy otherwise. Therefore, legalizing the sale of organs should be the first
thing that all governments should consider implementing, since it is associated
with many positive outcomes, both to the receiving and the donating persons (George,
1984). Some people argue that since these organs
are very valuable as they determine the survival or death of the patients who
receive them, they should not be offered free to total strangers, but instead patients
should pay for them. This perception is very ethical since one should not give
out his/her organ and be left out suffering and in mostly in instances where
the donating person is not well financially. To recover the blood lost while
undergoing the operation, the person is required to feed well and mostly eat
plenty of fruits and vegetables that are costly to such a person. To compensate
for that loss and to ensure that happiness of both parties is guaranteed, the
person receiving the organ transplant should pay for the organ received such
that the one donating can get money so that he/she can afford to eat the
recommended diet. Good dieting will help his/her health not to be affected
negatively which can result to him/her being unhappy, a situation which is not
in line with the theory of utilitarianism which considers actions as being
ethical when their outcomes are associated with increased happiness (Jone, 1999).
The selling of human organs on the other hand can
become dangerous if not well regulated. This is because legalizing the sale of human
organs can result to some organizations that venture into this enterprise
selling contaminated organs that will greatly affect the health of the patients
who receives such organs. Many organizations are unethically managed and they
can go to any extent to make money. Thus, the sale of contaminated human organs
is not a surprise to such organizations. This will compromise the health of the
public. The ultimate result for such trade will be loss of life and other health
effects. The government and opposition legislators will be forced to chip in to
address the situation that might be affecting the society negatively. With the
victims being left fighting for their life’s there is no good which will be
enjoy by the society . Selling of such organs can culminate to very unhappy
situation since in many instances it will result to more complications to the patients
who receive such organs (Shaheen, 1987).
Such circumstances will result to a situation of unhappiness to the relatives
of the patients who receive contaminated organs, despite them paying huge money
while purchasing these organs. In such situations, the theory of utilitarianism
does not hold and thus, would consider selling of human organs as an unethical
conduct since the action leads to an overall unhappiness (Kwenye, 2011).
Opponents of
the sale of human organs argue that the selling of human organs is perilous if
not well regulated. They point out that some people can opt to kill others to get
their organs and sell them to earn a living .Such situations can be very
dangerous because many lives can be sacrificed in pursuit of lives of very ill
patients who might not eventually survive, despite receiving the transplants needed
(Rinehart, 1993). This is a valid point
because some will seek to earn a living even illegally which is very immoral an
unethical. In accordance to morality, the action of killing a healthy person in
order to save the life of an almost dying person is not right. This is because
the chances of survival of the ailing person are usually minimal as compared to
the chances of living of the healthy person. Moreover, even if the a life is
saved, is at the expense of another individual which is relatively unacceptable
as its inhuman and goes against the right to life. Right to life is
constitutional and it is illegal to deprive a person his/her breath .Therefore,
the probability of occurrence of a double tragedy in instances of the loss of
the two people is very high. When this occurs, it results to a situation of
aggravated moaning that deprives the happiness of individuals affected and the
happiness of the society at large (Fern, 1987).
The act emphasizes on individuals making good choices by first weighing the
prevailing choices. In such a situation, the best choice to settle for is
sparing the life of the healthy person, but not sacrificing it in a situation
where the chance of the ailing person surviving is minimal. When people kill
healthy and innocent people to sell their organs to ailing people for
transplants purposes, then the idea of selling of human organs becomes unethical
(Mill, 2009).
The sale of
human organs as already discussed seems to be a very controversial issue to
arrive at a consensus. Despite ones school of thought, it is obvious that the
sale of human organs is generally immoral and inhuman though beneficial (Bates,
2011). The reason behind this is that selling human organs has greatly assisted
many ailing people who could have assumed very desperate living conditions or who
could have died recover and contribute positively to the well being of the
society at large. In the other hand, sale of human organs attracts several
unethical practices, these include killing for the organ. Nevertheless, the
sale of human organs should entail enacting appropriate policies to regulate it
and ensure that the policies implemented are well monitored to curtail the
adverse consequences that can accompany legalizing of the sale of human organs
that include selling of contaminated organs or killing people to sell their
organs. Through this process, the sale of human organs will be regarded as
being ethical since it will result to greater happiness, as more lives will be
saved. Thus, the UK government should consider enacting appropriate polices to
legalize the sale of human organs.
List of References
Bates, C., 6 Jan, 2011.Legalise sale of human
organs to end 'transplant
tourism', say surgeons. [Online] available at
legalising-sale - human-organs-say-surgeons.html#ixzz1UtzNdDul
[Accessed
12 August, 2011]
Fern,
C., 1987.The Life and Death Questions of an Organ Market. Fortune, pp.
108-
118.
George A., 1984.Life, Liberty, and the Pursuit of Organ
Sales, Hastings Center
Report,
Vol.14 pp. 22-23
Goddard, H., 1992. No Easy Way to
Figure Costs of Transplants, The Medical
Post,
7, P. 43.
Jone, D. (1999).Ethical and Legal Issues in the Supply of
Blood Products. [Online]
available at
[Accessed
12 August, 2011]
Kwenye, Z., 2011.The Case for
an Human Organ Futures Market. Retrieved 12
[Online] available at
futures-market/ [Accessed 12
August, 2011]
May, E., 1977. Human Existence, Medicine and Ethics.
Chicago: Franciscan
Herald Press, Ch. 7
Mill, J., 2009. Utilitarianism. London: Cambridge University Press.
Rinehart, D., 1993. Sold for Organs,
Risk to Kids Grows, The Edmonton Journal,
, 14.
Shaheen B., 1987. Morality and Marketing Human Organs, Journal
of Business Ethics,
Vol.6, pp. 37-44.
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