My latest article “The Case for Legalizing Organ Markets” is now accessible for download on SSRN. This article will be featured in an upcoming Routledge publication on organ markets edited by James Stacy Taylor and Mark Cherry. Here is a summary of the key points:
The ongoing discussion regarding the legalization of organ markets has been extensively debated, with familiar arguments on both sides. This chapter reframes the debate by underscoring not only the essence but also the substantial impact of factors supporting legalization: the potential to save countless innocent lives, alleviate prolonged suffering for numerous individuals, and uphold bodily autonomy. Such significant benefits establish a strong case for legalization, albeit in a meaningful form. Any opposing argument must not only be valid but also weighty enough to counteract the presumption. Common arguments against legalization, such as concerns about kidney donation risks, exploitation of the underprivileged, and moral implications, do not sufficiently outweigh the benefits.
Part I delves into the kidney shortage crisis in the US and the significant advantages of legalizing organ sales. This move could save numerous lives annually, spare kidney failure patients from the distress of dialysis, and empower individuals’ rights to bodily autonomy. These substantial benefits create a compelling argument for legalization. Part II addresses standard objections and elucidates why they fall short of challenging this demanding standard. Issues like potential exploitation, commodification of the body, and seller risks lack the requisite weight. Moreover, valid concerns can be mitigated through alternative measures without necessitating a complete ban on organ sales.
