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Consent and living organ donation
1Philosophy, University of Oxford, Oxford, UK maximilian.kiener@philosophy.ox.ac.uk.
Journal of Medical Ethics
|October 24, 2020
Summary
This study redefines voluntary consent in living organ donation, separating it from mere willingness and emphasizing the medical team's role in preventing third-party pressure. It argues for a broader understanding beyond psychological factors.
Area of Science:
- Bioethics
- Medical Law
- Transplantation Ethics
Background:
- Voluntary consent is crucial in living organ donation.
- Existing views on voluntariness are challenged.
- The influence of third-party pressure requires re-evaluation.
Purpose of the Study:
- To critically analyze dominant views on voluntary consent in living organ donation.
- To propose a more robust framework for understanding voluntariness.
- To highlight the ethical responsibilities of medical teams.
Main Methods:
- Philosophical analysis of ethical concepts.
- Argumentation against prevailing theories of consent.
- Examination of case-specific scenarios involving pressure.
Main Results:
- Voluntariness is distinct from willingness and does not necessitate relational moral agency.
- The medical team's role is pivotal in mitigating third-party pressure.
- Consent is not purely psychological and must accommodate diverse life values.
Conclusions:
- An adequate account of voluntary consent must be context-aware and interactional.
- Voluntary consent requires a nuanced understanding beyond subjective psychological states.
- Ethical guidelines for organ donation must address the complexities of consent and external influences.
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