Fault and the allocation of spare organs.
This paper argues that rectificatory justice should supplement distributive justice in allocating priority of access to scarce medical resources. Where a patient is at fault for the scarcity of healthy organs a principle of restitution requires that she should give priority to the faultless. Such restitution is non-punitive, and is akin to reparation in civil law, not criminal law. However, it is doubtful whether such a principle can be fairly applied within the present culture of governmental complicity in cigarette advertising.
Smart
B
B
Department of Philosophy, Keele University, Staffordshire.
D028661:Complicity; D026689:Ethical Analysis; D004992:Ethics, Medical; D015438:Health Behavior; D015276:Health Care Rationing / Q000331:legislation & jurisprudence*; D018594:Human Body; D006801:Humans; D008019:Life Style; D028681:Moral Obligations; D009014:Morals; D018579:Patient Selection; D040841:Resource Allocation; D012309:Risk-Taking; D009927:Tissue and Organ Procurement / Q000331:legislation & jurisprudence*