According to John Locke “Every man has a property in his own person”. Whether this theory can be regarded as being correct is going to be answered in this paper, as it deals with organ donation and its relation to the field of property law, especially that of new objects of property law. Due to the fact that there is an increasing development of biomedical research and technology, the human body is treated differently. Beside the many ethnical concerns, organ donation can be illuminated from a legal point of view, namely at what point in time property law plays a role and how far it can influence organ donation itself.
There is a growing need to determine whether and under which circumstances we own our organs and how we can legally transfer them to another proprietor. It cannot be denied that property law is an important topic with regard to organ donation, because beside other new objects in the field of property law, such as emission rights or virtual property, it does not only seem to be interesting but also necessary to determine whether we own our human body and its organs and how they can be transferred to another person in a legal way. Even though human organs differ from the usual objects of property law, one can principally establish the same questions as with regard to other objects of that topic, for example how ownership can be transferred. But one should keep in mind that because the human body is involved it is a highly sensitive and ethical issue.
Due to the fact that the main focus lies on property law and especially on the concept of ownership the ethical issues will not be addressed extensively, because this would be beyond the scope of this paper. Corollary, there is a central research question, namely: Can the transfer of ownership of organs within different European Union countries take place, and under which circumstances can it take place? I use a deductive reasoning method, meaning that I start with the more general issue and principles of ownership itself, in order to be able to answer the more specific research question in the end.
It seems to be interesting to find out, how the basic concept of ownership can be applied to such a specific topic as the human body and its organs....
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Organ donation versus organ trafficking
- The principle of ownership in property law
- The human body: "A property object?"
- If the body is property- who owns it?
- Another viewpoint: Immanuel Kant
- Organ donation in Germany and in Spain: Opt-in or opt-out system?
- The UK- A case example
- European Union and International standards
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper aims to explore the intersection of organ donation and property law, specifically investigating whether and under what circumstances the transfer of organ ownership is legally possible within the European Union. It employs a deductive reasoning approach, starting with general principles of ownership to address the specific research question.
- The distinction between organ donation and organ trafficking.
- The application of property law principles to the human body and its organs.
- Different theoretical perspectives on body ownership (Locke, Kant).
- Comparative analysis of organ donation systems in various countries (Germany, Spain, UK).
- Examination of European Union and international standards regarding organ donation.
Zusammenfassung der Kapitel (Chapter Summaries)
Introduction: This introductory chapter establishes the central research question: Can the transfer of ownership of organs take place within different European Union countries, and under what circumstances? It frames the issue within the context of growing biomedical advancements and the need to reconcile ethical concerns with legal frameworks. The author adopts a deductive reasoning approach, beginning with general principles of ownership to address the specific research question related to organ donation. The ethical implications, while acknowledged, are not extensively discussed, remaining outside the paper's main focus on property law.
Organ donation versus organ trafficking: This chapter clearly distinguishes between organ donation, the ethical transfer of organs, often from deceased donors, and organ trafficking, an illegal practice involving coercion, force, or deception to obtain organs, usually kidneys. The chapter emphasizes the disparity between organ supply and demand, highlighting the vulnerability of impoverished individuals who might be exploited in organ trafficking. The definition of organ trafficking used in the UN Trafficking Protocol is presented to provide a clear legal framework for understanding the illegal practice.
The principle of ownership in property law: This section provides a concise overview of the principle of ownership within the context of property law, setting the stage for the application of these principles to the human body. While the specifics aren't detailed in the provided text, the chapter likely lays the groundwork for later discussions on applying ownership concepts to organs, considering their unique characteristics compared to traditional property.
The human body: "A property object?": This chapter tackles the complex question of whether the human body, or parts thereof, can be considered property. It explores different acquisition practices of organs, discussing the implications of commercializing the human body. The chapter differentiates between permanent and non-permanent loss of tissue, and considers the perspective of Russell Scott, who argues that the human body can be seen as property given its societal benefits. This sets up the subsequent discussion of ownership.
If the body is property- who owns it?: This chapter delves into the question of ownership of the human body, considering the human body as a form of property. It explores the theories of John Locke and the concept of self-ownership, contrasting these with the perspective of Immanuel Kant, who denies property rights in one's own body due to the duty of self-preservation. These contrasting viewpoints form the foundation for further analysis of organ donation regulations.
Another viewpoint: Immanuel Kant: This section likely elaborates on Kant's philosophy concerning body ownership, highlighting the ethical and moral considerations that contradict the concept of property rights in one's body, emphasizing the duty of self-preservation. This section provides a counterpoint to other perspectives presented in the paper.
Organ donation in Germany and in Spain: Opt-in or opt-out system?: This chapter compares and contrasts the organ donation systems in Germany and Spain, using these as case studies to illustrate the practical implications of different approaches (opt-in versus opt-out). The chapter likely examines the successes and challenges of each system, setting the stage for discussions on international standards and best practices.
The UK- A case example: This chapter focuses on the UK's approach to organ donation, particularly the distinctions made in the Human Tissue Act 2004 between living and dead organ donation. The Ashworth Affair of 2008 is likely used as a case study to highlight the complexities and challenges within the UK system, demonstrating the practical applications of legal frameworks.
European Union and International standards: This chapter examines the role of the European Union and international organizations such as the UN and WHO in setting standards for organ donation. It probably introduces Directive 2010/45/EU on quality and safety standards for human organs intended for transplantation, offering a broader perspective on international collaboration and regulatory efforts in the field.
Schlüsselwörter (Keywords)
Organ donation, property law, ownership, organ trafficking, self-ownership, Immanuel Kant, John Locke, opt-in system, opt-out system, Human Tissue Act 2004, European Union, international standards, Directive 2010/45/EU.
Frequently Asked Questions: A Comprehensive Language Preview on Organ Donation and Property Law
What is the main topic of this academic paper?
This paper explores the complex intersection of organ donation and property law, specifically investigating the legal possibility of transferring organ ownership within the European Union. It examines this question through the lens of property law principles, contrasting different theoretical perspectives and analyzing various national systems.
What is the methodology used in the paper?
The paper employs a deductive reasoning approach. It begins with general principles of property law and applies them to the specific case of organ donation, working from broad legal concepts to address the research question.
What are the key themes explored in the paper?
Key themes include the distinction between organ donation and organ trafficking, the application of property law principles to the human body and its organs, different theoretical perspectives on body ownership (Locke and Kant), comparative analyses of organ donation systems in Germany, Spain, and the UK, and an examination of European Union and international standards regarding organ donation.
How does the paper differentiate between organ donation and organ trafficking?
The paper clearly distinguishes ethical organ donation (often from deceased donors) from the illegal practice of organ trafficking, which involves coercion, force, or deception. It highlights the disparity between organ supply and demand and the vulnerability of impoverished individuals who might be exploited.
What is the paper's approach to the question of body ownership?
The paper grapples with the complex question of whether the human body, or its parts, can be considered property. It explores contrasting viewpoints, including John Locke's concept of self-ownership and Immanuel Kant's denial of property rights in one's body due to the duty of self-preservation.
Which countries' organ donation systems are compared in the paper?
The paper uses Germany and Spain as case studies to compare opt-in and opt-out systems for organ donation. It also examines the UK's approach, particularly the Human Tissue Act 2004 and the complexities highlighted by the Ashworth Affair of 2008.
What role do European Union and international standards play in the paper?
The paper examines the role of the European Union and international organizations like the UN and WHO in setting standards for organ donation. Directive 2010/45/EU on quality and safety standards for human organs intended for transplantation is likely discussed as an example of international collaboration and regulatory efforts.
What are the key takeaways from the chapter summaries?
The chapter summaries provide a concise overview of each section, highlighting the central arguments and findings. They emphasize the deductive reasoning approach, the ethical considerations (though not the central focus), and the comparative analysis of different legal systems and perspectives.
What are the keywords associated with this paper?
Keywords include organ donation, property law, ownership, organ trafficking, self-ownership, Immanuel Kant, John Locke, opt-in system, opt-out system, Human Tissue Act 2004, European Union, international standards, and Directive 2010/45/EU.
- Quote paper
- Julia Nichtern (Author), 2012, Organ Donation and Property Law , Munich, GRIN Verlag, https://www.grin.com/document/215155
