One of two articles related to the current organ shortage, this article advocates the need for legislation to recognize organs and tissues separated from the body as a distinct category of personal property. After addressing the legislative history of organ procurement and psychological barriers to donor consent, the article examines the importance of separating the lifetime rights of ownership in our own bodies from postmortem rights. Ultimately, the author proposes a futures market approach to this problem in which individuals before death, or surviving family members after death, are permitted sell the decedent's organs in a private contract.
"Body Property": Challenging the Ethical Barriers in Organ Transplantation to Protect Individual Autonomy,
Annals Health L.
Available at: https://lawecommons.luc.edu/annals/vol17/iss1/4