May you sell your vote? May you sell your kidney? May gay men pay surrogates to bear them children? May spouses pay each other to watch the kids, do the dishes, or have sex? Should we allow the rich to genetically engineer gifted, beautiful children? Should we allow betting markets on terrorist attacks and natural disasters? Most people shudder at the thought. To put some goods and services for sale offends human dignity. If everything is commodified, then nothing is sacred. The market corrodes our character. Or so most people say. In Markets without Limits, Jason Brennan and Peter Jaworski give markets a fair hearing. The market does not introduce wrongness where there was not any previously. Thus, the authors claim, the question of what rightfully may be bought and sold has a simple answer: if you may do it for free, you may do it for money. Contrary to the conservative consensus, they claim there are no inherent limits to what can be bought and sold, but only restrictions on how we buy and sell.
The world may be getting smaller every day, but until very recently health care remained local. 'Patients with Passports' is the first comprehensive legal and ethical analysis of one part of the globalization of health care: medical tourism. The author examines the two sides of the industry: medical tourism for services legal in the patient's home country where patients travel to places such as India, Thailand and Mexico to reduce costs, avoid queues, or qualify for insurance incentives, and medical tourism for services illegal in the home country.
Nearly 120,000 people are in need of healthy organs in the United States.. Every ten minutes a new name is added to this list, while each day eight people die waiting for an organ to become available. Worse, the gap between those in need of an organ and the number of available donors is growing: our traditional reliance on cadaveric organ donation is insufficient, and in recent years there has been a decline in the number of living donors as well as in the percentage of living donors relative to overall kidney donors. Some transplant surgeons and policy advocates suggest a market solution and legalizing the sale of organs, Andrew Michael Flescher objects to this approach, citing concerns about social justice, commodification, and patient safety. Given that, what is the most efficacious means of attracting prospective living kidney donors? Flescher, drawing on scores of interviews with donors and patients, suggests that inculcating a sense of altruism and civic duty is a more effective means of increasing donor participation than purely financial incentives. He encourages individuals to spend time with patients on dialysis, advocating donor "chains" in order to facilitate relationships between donors and recipients, and creating sacred spaces in hospitals such as a "wall of heroes" to recognize those who sacrifice their body parts for others.
Virtually all countries in the world are affected by the scourge of human trafficking, either as a source, transit, or destination country, or combination thereof. While countries have long focused on international trafficking, internal movement and exploitation within countries may be even more prevalent than trans-border trafficking. Patterns of trafficking vary across countries and regions and are in a constant state of flux. Countries have long focused on trafficking solely for the purpose of sexual exploitation, yet exploitation in agriculture, construction, fishing, manufacturing, and the domestic and food service industries are prevalent in many countries. Here, Aronowitz takes a global perspective in examining the nefarious underworld of human trafficking, revealing the nature and extent of the harm caused by this hideous criminal practice. Virtually all countries in the world are affected by the scourge of human trafficking, either as a source, transit, or destination country, or combination thereof. While countries have long focused on international trafficking, internal movement and exploitation within countries may be even more prevalent than trans-border trafficking. Patterns of trafficking vary across countries and regions and are in a constant state of flux. Countries have long focused on trafficking solely for the purpose of sexual exploitation, yet exploitation in agriculture, construction, fishing, manufacturing, and the domestic and food service industries are prevalent in many countries. Here, Aronowitz takes a global perspective in examining the nefarious underworld of human trafficking, revealing the nature and extent of the harm caused by this hideous criminal practice. Taking a victims-oriented approach, this book examines the criminals and criminal organizations that traffic and exploit their victims. The author also focuses on the different groups of victims as well as the various forms of and markets for trafficking, many of which have been overlooked due to an emphasis on sex trafficking. She also explores less frequently discussed forms of trafficking - in organs, child soldiers, mail-order brides, and adoption, as well as the use of Internet in trafficking. Drawing on her own field experiences in various parts of the world, the author offers real-life context throughout the book through descriptions of a number of cases with which she was involved or learned about in her travels. Together with insightful analysis, these stories uncover the true nature of human trafficking and illustrate the extent of its reach and harm.
Increasingly the body is a possession that does not belong to us. It is bought and sold, bartered and stolen, marketed wholesale or in parts. The professions - especially reproductive medicine, transplant surgery, and bioethics but also journalism and other cultural specialists - have been pliant partners in this accelerating commodification of live and dead human organisms. Under the guise of healing or research, they have contributed to a new ′ethic of parts′ for which the divisible body is severed from the self, torn from the social fabric, and thrust into commercial transactions -- as organs, secretions, reproductive capacities, and tissues -- responding to the dictates of an incipiently global marketplace. Breaking with established approaches which prioritize the body as ′text′, the chapters in this book examine not only images of the body-turned-merchandise but actually existing organisms considered at once as material entities, semi-magical tokens, symbolic vectors and founts of lived experience. The topics covered range from the cultural disposal and media treatment of corpses, the biopolitics of cells, sperm banks and eugenics, to the international trafficking of kidneys, the development of ′transplant tourism′, to the idioms of corporeal exploitation among prizefighters as a limiting case of fleshly commodity. This insightful and arresting volume combines perspectives from anthropology, law, medicine, and sociology to offer compelling analyses of the concrete ways in which the body is made into a commodity and how its marketization in turn remakes social relations and cultural meanings.
In February 2003, an undocumented immigrant teen from Mexico lay dying in a prominent American hospital due to a stunning medical oversight--she had received a heart-lung transplantation of the wrong blood type. In the following weeks, Jesica Santillan's tragedy became a portal into the complexities of American medicine, prompting contentious debate about new patterns and old problems in immigration, the hidden epidemic of medical error, the lines separating transplant "haves" from "have-nots," the right to sue, and the challenges posed by "foreigners" crossing borders for medical care. This volume draws together experts in history, sociology, medical ethics, communication and immigration studies, transplant surgery, anthropology, and health law to understand the dramatic events, the major players, and the core issues at stake. Contributors view the Santillan story as a morality tale: about the conflicting values underpinning American health care; about the politics of transplant medicine; about how a nation debates deservedness, justice, and second chances; and about the global dilemmas of medical tourism and citizenship. Contributors: Charles Bosk, University of Pennsylvania Leo R. Chavez, University of California, Irvine Richard Cook, University of Chicago Thomas Diflo, New York University Medical Center Jason Eberl, Indiana University-Purdue University Indianapolis Jed Adam Gross, Yale University Jacklyn Habib, American Association of Retired Persons Tyler R. Harrison, Purdue University Beatrix Hoffman, Northern Illinois University Nancy M. P. King, University of North Carolina at Chapel Hill Barron Lerner, Columbia University Mailman School of Public Health Susan E. Lederer, Yale University Julie Livingston, Rutgers University Eric M. Meslin, Indiana University School of Medicine and Indiana University-Purdue University Indianapolis Susan E. Morgan, Purdue University Nancy Scheper-Hughes, University of California, Berkeley Rosamond Rhodes, Mount Sinai School of Medicine and The Graduate Center, City University of New York Carolyn Rouse, Princeton University Karen Salmon, New England School of Law Lesley Sharp, Barnard and Columbia University Mailman School of Public Health Lisa Volk Chewning, Rutgers University Keith Wailoo, Rutgers University
Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.
It is well known that the numbers of organs that become available each year for transplantation fall far short of the numbers that are actually required. In this boldly argued book James Stacey Taylor contends that, given both this shortage and the desperate poverty that some people endure, it is morally imperative that the current methods of organ procurement be supplemented by a legal, regulated market for human transplant organs purchased from live vendors. Taylor pays particular attention to outlining the implications that recognizing the moral legitimacy of these market transactions in human body parts and reproductive capacities have for public policy.
The question of autonomy is fundamental to understanding some of the most important questions and debates in contemporary political and moral life, from freedom of the individual, free will and decision-making to controversies surrounding medical ethics, human rights and the justifications for state intervention. It is also a crucial concept for understanding the development of liberalism. The Routledge Handbook of Autonomy is a comprehensive survey and assessment of the key figures, debates and problems surrounding autonomy. Comprising over forty chapters by an international team of contributors, the Handbook is divided into five clear parts: Autonomy through History Foundations of Autonomy Threats to Autonomy The Significance of Autonomy Autonomy in Application. Within these sections, all the essential topics are addressed, making The Routledge Handbook of Autonomy an outstanding reference source for those in political philosophy, ethics, applied ethics and philosophy of law. It is also highly recommended reading for those in related subjects, such as politics, social policy and education.
While the traffic in human organs stirs outrage and condemnation, donations of such material are perceived as highly ethical. In reality, the line between illicit trafficking and admirable donation is not so sharply drawn. Those entangled in the legal, social, and commercial dimensions of transplanting organs must reconcile motives, bureaucracy, and medical desperation. Matching Organs with Donors: Legality and Kinship in Transplants examines the tensions between law and practice in the world of organ transplants—and the inventive routes patients may take around the law while going through legal processes. In this sensitive ethnography, Marie-Andrée Jacob reveals the methods and mindsets of doctors, administrators, gray-sector workers, patients, donors, and sellers in Israel's living kidney transplant bureaus. Matching Organs with Donors describes how suitable matches are identified between donor and recipient using terms borrowed from definitions of kinship. Jacob presents a subtle portrait of the shifting relationships between organ donors/sellers, patients, their brokers, and hospital officials who often accept questionably obtained organs. Jacob's incisive look at the cultural landscapes of transplantation in Israel has wider implications. Matching Organs with Donors deepens our understanding of the law and management of informed consent, decision-making among hospital professionals, and the shadowy borders between altruism and commerce.
