Why Intuitions and Metaphysics Are the Wrong Approach for Health Law: A Commentary on Delaney and Hershenov
Robertson, Christopher T.
American Journal of Bioethics 2009 August; 9(8): 18-19
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Delaney, James; Hershenov, David B. (2009-08)Most people think it is wrong to take organs from the dead if the potential donors had previously expressed a wish not to donate. Yet people respond differently to a thought experiment that seems analogous in terms of moral ...
Hershenov, David B.; Delaney, James J. (2009-12)Laws requiring autopsies have generated little controversy. Yet it is considered unconscionable to take organs without consent for transplantation. We think an organ draft is justified if mandatory autopsies are. We reject ...
Hershenov, David B; Delaney, James J (2010-08)There remains a need to properly analyze the metaphysical assumptions underlying two organ procurement policies: presumed consent and organ sales. Our contention is that if one correctly understands the metaphysics of both ...