Organ Selling in a Regulated Market: The Kantian View

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Is Organ Selling in Well-Regulated Market a Safer Option to Practice? 

The Kantian View of Organ Selling

Organ Selling in the regulated market has been a topic of debate as commerce in organs welcomes ethical considerations if the buying or selling of organs is ethically right or not? As quoted by the German Philosopher Immanuel Kant, one should act according to how one treats humanity, whether in one’s own self or in others, such that they may be treated as an end and not merely as means (Kerstein, 2009). A question that arises here is whether the organ selling violates the Kantian view that one must respect their own body and should not get involved in the commerce of organ? This paper tries to decode the Kantian view and if organ selling in the regulated market is a right or a wrongful act.

Organ Selling, Organ Shortage, and the Formula of Humanity

According to the interpretation of Kantian View by Kerstein (2009), selling an integral part of one’s body or an organ, when one is alive, is a violation of the Kantian principle and is thus, a wrongful act. However, when it comes to the practical grounds where there is a shortage of organ donors and a lot of people are in a dire need of organ transplant, should the Formula of Humanity be overlooked by allowing the functioning of regulated organ market? As far as the governments of the countries like Pakistan and China are concerned, where the selling of organ is permitted, the act of commerce in organs is indeed a violation of Kantian view as the government of such countries allow their countrymen to be treated merely as means and not as ends (Legal and Ethical Issues in Nursing, 2021). 

Organ Donation and Kantian Ethics

Contrary to Kerstein, interpretations by authors like Merle (2000), Kant’s own principles allow organ donation to some extent, as they do not distinguish between vital organs and integral organs, thus allow donation of blood, marrow and skin transplant to be viable. In purview of humanity, such donations should be allowed. However, when it comes to selling organs for one’s own good, there should be stringent laws against organ selling. 

To conclude, to an extent, the Kantian view condemns organ selling. As far as humanity is concerned, organ donation is a welcoming step but organ buying and selling is against the humanity and should be strictly prohibited.

References

Kerstein, S.J. (2009) Kantian Condemnation of Commerce in Organs. Kennedy Institute of Ethics 

Journal Vol. 19, No. 2, 147–169. Available at http://faculty.philosophy.umd.edu/SKerstein/Kantiancondemnation.pdf

Legal and Ethical Issues in Nursing (2021) Lesson 4: The Nurse’s Legal Accountabilities and 

End-of-Life Issues., St. Francis Xavier University. 

Merle, J.C. (2000) A Kantian Argument for a Duty to Donate One's Own Organs. A Reply to 

Nicole Gerrand. Journal of Applied Philosophy. Available at

https://www.jstor.org/stable/24354113?seq=1