Two Ways to Transfer a Bodily Right

被引:0
|
作者
Liberto, Hallie [1 ]
机构
[1] Univ Connecticut, Philosophy Dept, Storrs, CT 06269 USA
关键词
commercial surrogacy; kidney sales; markets; prostitution; rights; PATERNALISM;
D O I
10.1163/17455243-46810066
中图分类号
B82 [伦理学(道德学)];
学科分类号
摘要
There are two ways to transfer a bodily right. One might transfer a bodily right in a detaching way - that is, without transferring jurisdiction over one's future bodily choices. Alternately, one might transfer a bodily right in an attaching way - that is, in a way that transfers such jurisdiction. For instance, A might sell his kidney to B for money paid at the time of the transplant. Alternately, A might accept money now, agreeing to give up his kidney some time down the road. In the latter case and not the former, B acquires normative jurisdiction over A's future bodily choices. In this paper I will argue that the distinction between attaching and detaching transfers of bodily rights has implications regarding whether certain contracts and agreements should be legally enforced - and whether problems arise when the moral and legal transferability of these rights comes apart.
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页码:46 / 63
页数:18
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