Talons Philosophy

An Open Online Highschool Philosophy Course

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Organ Donation Ethics – EmmaJ

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My personal ethics can be simply summed up as 1) Treat others how you want to be treated and 2) happiness must be pursued with an awareness of the people around you. As Eleanor Roosevelt says, “Do what you feel in your heart to be right – for you’ll be criticized anyway.” In the study of Ethics, like all areas of philosophy, there is never a definitive answer and different people will have different opinions on what is right and wrong based on their own unique experiences. I believe that as long as you have good intentions and you can make peace with your decision, it can be considered the “right decision”. Every moral dilemma is unique and there are more variables than could ever be properly represented in an ethical calculus equation, I don’t there is or ever will be the perfect formula.

In terms of the essays we have studied in class, I agree most strongly with John Rawls’ Theory of Justice because I feel it is closest to my personal morals. When the Veil of Ignorance comes into play it forces people to have compassion for all areas of humanity and develop rules for a society where all are given basic liberties and equal rights. I also appreciate the idea that some inequalities must exist so long as they are beneficial to everyone, especially the disadvantaged. I believe that slight inequalities, so long as they are not excessively harmful, help move society forward and motivate people to work to improve themselves and increase their own success and happiness. Additionally, the happiness gained from helping empower those who are less fortunate is a higher level happiness than can ever be purchased.

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In theory Utilitarianism seems like a good idea, especially when carried out by self-aware thinkers full of integrity, however these conditions aren’t common in the real-world. Pursuing one’s own pleasure and avoiding pain are the perfect conditions for creating a crude, narcissistic and stagnant society. I believe it is far too easy for utilitarianism to be abused and used to justify unethical actions. From genocides to nuclear bombs, some of the most horrible things in history have been done for “the greater good”. While “majority rules” may be good for deciding what type of pizza to order, it is too simple to make decisions pertaining to human lives.

I align with Kant’s ideas regarding Good Will and that the right things must be done for the right reasons. If you have good and noble intentions it is easy to live with your decisions regardless of the outcomes they may create. I also agree that people, or more specifically rational beings, should not be used as a means to an end and that everyone has value. However, this point becomes murky when it comes to the topic of my ethical inquiry: deceased organ donation.

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Deceased organ donors are people who have either been in accidents that render them brain dead or who have suffered a cardiac death. Deceased organ donors can be any age and a single donor can save up to 8 lives and benefit up to 75 people. At first deceased organ donation in Canada may not seem like a very serious ethical dilemma, people are free to consult their personal morals and register to become an organ donor if they so choose. However, this system is not working and many people believe it needs to be changed. While organ donors save many lives every year, the majority of people waiting for an organ transplant don’t receive one because they die first. This is due to the fact that hundreds of healthy, useable, and in demand organs are buried and cremated every day. Deceased organ donation also raises many tough questions like “what does it mean to be dead?” or “what does it mean to be alive?” and “is there an afterlife?”

A large misconception about deceased organ donation is that it is condemned by most religions but this is not the case. Major world religions including Christianity, Islam, Hinduism, Judaism, and Buddhism all support organ donation or encourage their followers to act on their own conscience. In many cases these religions refer to organ donation as an honourable act of charity and love.

When it comes down to it there is really only one big problem: no one wants to think about dying. According to the Canadian Transport Society, 90% of Canadians say they support organ donation but less than 20% have made plans to donate. People tend to avoid conversations regarding organ donation with their loved ones and put off making plans until it is too late. This issue is only exaggerated by Canada’s current Opt-In System for organ donation.

There are currently two types of models in place for organ donation globally: Opt-In, where citizens are required to sign up on registry to express their wishes to become a donor and the more controversial Opt-Out system. In an Opt-In or Presumed Consent system all citizens are assumed to be organ donors unless they sign up on a registry to express their wishes to not donate their organs. While presumed consent may seem extreme, it has successfully increased the organ donation pool in countries including Spain, Greece, Finland, and most recently France. On January 1st, 2017 the presumed consent law came into effect in France and since then Canadian politicians have begun to express their interest in implementing similar laws. This idea is especially popular in Saskatchewan where less than 1% of eligible people are registered organ donors.

Taking organ donation systems a step further, some people believe that consent is not necessary for organ donation and that people should have a duty to donate organs for the good of the society. Some ethicists even go as far to say that it is immoral for a person to decline consent for donation of their organs. These ideas support the Conscription Model, simply put the state owns your body and anyone who can donate must.

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Utilitarianism

In a utilitarian society I believe the most likely system for organ donation would be an opt-out system. The happiness resulting from people gaining extra years of life would likely override any unhappiness regarding presumed consent. Additionally, the ability to register to abstain from donation would at least appease those against organ donation and provide them with a personal sense of happiness. However, in a utilitarian society I believe there is a serious risk for abuse happiness for the majority that could lead to inhumane methods for obtaining organs more extreme than organ conscription. For example, supporting the needs of “the greater good” could lead to the justification of the sacrifice of a living person in order to save the lives of 8 sick people. When laws only exist to uphold the happiness of society the rights of individuals are not protected.

Categorical Imperative

A main point of Kant’s Categorical Imperative is “Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end…” This may seem to be in conflict with organ donation as it can be interpreted as literally using someone as a tool to survive. However, under an opt-in system and even an opt-out system where people can easily abstain, I believe Kant would support organ donation. Organ donation is done with a good will, it is meant to save the lives of others and therefore it is good. Furthermore, once an individual is in a braindead or has suffered a cardiac death they are no longer able to really Be or exist as a rational being.

 

A Theory of Justice

I believe that behind the veil of ignorance everyone would recognize the demand for organs and agree to put policies in place to increase donation, knowing full well that they may be the person in need or the person donating. I believe that the most likely system put into place would be the opt-out system because it would provide a larger donor pool and increase the chances of sick people receiving an organ in a timely fashion. I also believe that there would be a focus on government regulation of organ donation in order to ensure the distribution of organs is as fair as possible. In a Rawlsian society illegal organ harvesting and trade wouldn’t occur since it is the powerful preying on the vulnerable.

I believe that every theory of ethics or moral system would support organ donation in one way or another. Can’t it be assumed that for an otherwise terminally ill person a new lease on life would be the ultimate happiness for not only them but their loved ones as well? For this reason I support organ donation and the implementation of a Presumed Consent Law. I also encourage you to look into becoming an organ donor and have the uncomfortable but necessary conversations with your loved ones.

 

 

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Harvard Justice: John Rawls & What is a Fair Start?

The first statement of the two principles reads as follows:

First: each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others.

Second: social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone’s advantage, and (b) attached to positions and offices open to all…

John Rawls Theory of Justice (1971)

Today we’ll be looking at John Rawls’ Theory of Justice and reflecting upon how this theory informs discussions we’ve been having thus far in the unit, as well as how it adds to (or undercuts) previous theories of justice and morality put forth by John Stuart Mill and Immanuel Kant.

A few questions to spark our thinking:

  • First of all, what are your impressions of Rawls’ theory next to concepts of Utilitarianism and/or notions of the Categorical Imperative?
  • Second, do you agree that everyone should have the same basic liberties, whether they are a man or a woman, young or old, rich or poor, part of the minority or part of the majority? And if you do, what basic liberties should everyone have?
  • And third, how do you see Rawls’ theory applying to the discussions we have had around systemic oppression in the last week or so? What insights might the theory offer for those looking to combat a misogynistic or racially discriminating culture? Are there other groups or conditions to which Rawls’ insights may oppose?

Those of you who are currently (or have in the past) studied economics may have unique insights into how Rawls’ theory works (or doesn’t) within our modern capitalist economies. What do the prevailing theories of modern economics make of a system guided by Rawls’ principles? Are these systems of thought congruent?

 
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