I was out of town and unable to respond. I'll try to hit some of the most interesting responses:
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Originally Posted by newtovenice
You cannot harvest organs from a dead body.
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Yes, you can, assuming you think brain dead people are dead. If not, you are only making a semantic disagreement. Most organ donors are brain dead.
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Originally Posted by Fat Freddy
I will donate my organs when the doctors and the hospital donate their services.
I am not donating anything that produces profit for others unless I get a piece of the action.
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So let's imagine you know you are about to die, but your liver could be used to save the life of a person who wouldn't otherwise live. The only catch is that the doctor who does the procedure will actually make money for doing the surgery. You would honestly decline to donate your liver and save a life simply because the doctor would make money and you, the person who will be dead in about thirty minutes, will not? How petty of you.
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Originally Posted by freemkt
The uninsured would be in a position of being required to donate their organs upon death, but not (financially) able to obtain an organ if they needed one.
That bothers me a lot.
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I agree that the fact that financial standing affects healthcare quality is a problem. But I don't see how that implies we should have less organ donation. The problem you are describing isn't made worse by the plan I am proposing. Since my plan here significantly improves one problem (people dying because they don't have organs) and doesn't make the problem you describe worse, I can't see the downside.
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Originally Posted by phetaroi
You keep saying that we don't get your point.
We get it.
Most of us don't agree.
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No, I don't keep saying that you don't get my point. I said that specifically to Nirvana regarding my comments about religious belief, which he or she clearly did not understand.
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Originally Posted by purehuman
Seems to me the OP regards any respect shown towards a deceased person (or body ) as totally unnecessary.
If that's the case OP, why even make out wills.....isn't a will supposed to be a LEGAL document?
Do you think that a will is of no good as the deceased decisions no longer matter anyways???
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Will have the purpose of distributing resources. They aren't an indication that the dead body has rights.
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Originally Posted by purehuman
OP, do you believe a person has the right to know how their body will be treated after death???
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No. Where on earth would such a right come from?
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Originally Posted by Nov3
In order for organ donation to meet its goal would be to harvest it very soon after being verified deceased. Never mind that the person's organs could well be contaminated with cancer cells,blood borne pathogens....let's just perpetuate the human problem of slapping an organ into a live being and cross our fingers .
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There are plenty of cases where "slapping an organ into a live being and crossing our fingers" is better than the alternative of certain death. I'm not advocating using organs with unknown history in all cases. But there are plenty of cases where some chance is better than zero chance, and I don't see how that is a human "problem."
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Originally Posted by TamaraSavannah
Another thing is that forcing donation could probably be argued as against the First Amendment under Freedom of Speech, just as it might be argued that forcing one to vote is against the First Amendment.
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I am making an argument about how our society SHOULD treat organs, not what is currently legally permissible. Your response is like saying "Marijuana is currently illegal" to a person who is saying people should be allowed to smoke marijuana.
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Originally Posted by TamaraSavannah
We have in this thread the constant argument that once dead, rights do not matter. If a person says when they are alive, however, "I declare that my body will not be defiled once I am dead,", is that not Freedom of Speech, is that not exercising it?
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You are misunderstanding freedom of speech. If the government isn't stopping you from saying "I declare that my body will not be defiled once I am dead," then the government hasn't restricted your speech. Freedom of speech does not imply that the directives in your speech are carried out.
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Originally Posted by emm74
Not that I agree with the OP anyway, but certainly it would only be reasonable to require donation if we had true universally accessible healthcare regardless of any ability to pay premiums.
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I don't understand the marriage of these two things. It's like saying we shouldn't have police departments until being rich doesn't give you the privilege of living in a safe neighborhood. We can fix one problem without fixing the other in the same solution.
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Originally Posted by Mircea
Compulsory organ donation violates an individual's 1st Amendment right regarding religion, their 1st Amendment right regarding freedom of association and freedom from association, their 4th Amendment right to privacy, their 4th Amendment right to search and seizure, their 5th Amendment right to due process regarding their personal property, and also their 6th Amendment right regarding matters of controversy that are greater than $20 in value.
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I am making an argument about how our society SHOULD be. Citing legal obstacles to that is irrelevant. I am not claiming that my suggestion is currently legal.
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Originally Posted by Mircea
Did it ever occur to you that Nature intended for those persons to die as a matter of the process of Natural Selection?
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1. Nature doesn't have intentions.
2. Natural selection is not a guide for ethics. Natural selection is also driven by rape, the killing of sexual competitors, the eating of offspring, mass deaths of youths to find the most fit and completely absent fathers. Are you sure you want to point to natural selection for how we should behave?
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Originally Posted by Mircea
Did you ever bother to read the studies related to medical treatment related to organ donors?
When doctors know a person is an organ donor, doctors tend not to perform extraordinary attempts to save someone's life, and often don't even engage in normal attempts to save someone's life. Doctors quickly give up, instead of giving it that "old college try," because time is critical when harvesting organs and tissue.
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I have not. Could you cite some for me?
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Originally Posted by Mircea
Your rights extend beyond death. I would cite the relevant case-law, but it would take several weeks and a few hundred posts to cover it.
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You don't need to go that in-depth, but could you cite some case law that shows a person actually possesses legal rights after that person is dead?
It's irrelevant to our discussion of course, because I'm not making the argument that my suggestion is legal currently. But it seems strange to me to say "Smith has rights" when Smith no longer exists. How can a thing that doesn't exist have rights?
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Originally Posted by ddm2k
Even if I was dying, or a loved one was dying, I would not feel I had the right to the organs in someone else's body. I wasn't raised to feel entitled to what is not mine.
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Ah, so if you somehow survived a plane crash deep in a privately-owned forest and were about to die of thirst after waiting things out for a couple days, you wouldn't take a drink from that clear stream because the water doesn't belong to you?
I doubt it. I think you would, and I think you would take the organ when your life actually depended on it.
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Originally Posted by ddm2k
OP your beliefs are of concern to me because you have a looter's mentality. Even more disturbing that it applies to human organs.
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Your beliefs are a concern to me because you are drastically undervaluing the benefit of saving the lives of actual, living human beings out of concern for who the organs of a dead person belong to.
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Originally Posted by coschristi
It should not be compulsory because:
-It would create a society where people are more valuable dead than alive.
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How is that true when the entire purpose of getting the organ is to keep a person alive? Nothing in my suggestion implies that living people are less valuable than dead people. Quite the opposite. It is you who is assigning more value to the dead "person."
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Originally Posted by coschristi
-A society where those with the potential to reproduce those highly prized blood & tissue types are deemed worthy to live ... but only if you agree to use your childbearing years to your fullest potential.
-Meaning this would primarily impact women or worse; girls; turning us into Petri dishes to satisfy supply/demand.
-Well; at least until middle-age/menopause. I guess then we can surrender our organs in deference to the men that have another 20-30 years of viable tissue reproduction potential.
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https://yourlogicalfallacyis.com/slippery-slope
This board is very good at slippery slopes for some reason.
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Originally Posted by coschristi
Less compulsion. More innovation.
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These two things are not mutually exclusive.
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Originally Posted by purplesky
I work in a hospital and there are so many steps for a brain dead donor to go through that it doesn't always result in an organ donation.
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Of course not. But if the pool of potential donors became five times larger, I can only assume that the number of actual transplants and lives saved would increase.
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Originally Posted by KCZ
At a time when millions in the US and billions around the world lack basic medical care, and the cost of care in the US alone is astronomical and millions have no insurance, and the world is facing overpopulation and dwindling resources, advocating that people be forced to give up their organs so they can be used in a massively expensive health-care endeavor seems very short-sighted. The money for that one transplant of a liver from an unwilling donor could supply vaccines, PAP smears, and blood pressures check to thousands, or cleft palate repairs to dozens.
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What a big fat red herring. First, I don't see how this would be "massively expensive." There would be more
potential organs, but many of those potential donors wouldn't meet the various suitability criteria. It isn't as though every dying person would then result in a transplant surgery. Second, do you honestly believe the cost of a transplant surgery is not worth it? I think that's a tough position to defend. If you believe that, then you should be opposed to all organ donation of all stripes, including willing donations. Third, there is no way that my proposal is going to prevent people from getting vaccines or pap smears or blood pressure checks. For crying out loud.
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Originally Posted by Marc Paolella
This argument can be moot. Undifferentiated fetal tissue from abortions could be used to generate all the organs we need. One day, organ donation will be a quaint idea indeed.
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Yes, one day it will be. And one day in vitro meat will be the only meat people eat. But until then, I'm a vegetarian, and I think others should be as well.
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Originally Posted by arwenmark
OP: Tell me, have you ever been dead? do you know what happens after death? No you don't and your ideas on the subject are no more valid than anyone else's.
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That isn't true. Just because something is a matter of opinion doesn't mean that some opinions aren't more well-reasoned than others.
1. We know that the "person" depends on the physical structure of the human body. Classic cases like Phineas Gage tell us this.
2. The body decays to the point of being organic soil matter after being buried.
3. This decaying eventually wipes out any kind of physical structure that our "person" depends on.
Look, I'm not trying to convince you that there is no afterlife here. But it certainly can't depend on the physical body. Maybe your "spirit" or whatever goes to heaven. But "you" can't still be your body.
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Originally Posted by Mircea
It's not selfish.
It violates the 1st, 4th, 5th and 6th Amendments.
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As I said, this isn't a legal argument. I'm not saying I think this is legal or illegal. I am saying I think this is what the law should be.
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Originally Posted by Mircea
Even after a person dies, they still have rights, which are often enforced through Wills and Codicils. If dead people had no rights, then Wills and Codicils would be unenforceable. If the dead had no rights, then it would not be possible to file a wrongful death claim.
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The bold is incorrect. Our legal system recognizes things like wills as binding contracts. Their enforceability has nothing to do with the dead person having rights.
The question of rights is a complex philosophical one, but dead bodies are not people. They are lumps of organic matter. They aren't people anymore. To say that this lump of organic matter has rights when it has no experiences, can't experience pleasure or pain and will never again do those things makes no sense. Dead bodies are no more morally significant than a rock in your front yard. Bodies don't have rights. People do.
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Originally Posted by Steve McDonald
The OP fails to recognize that if everyone's organs were up for grabs after their deaths, that unscrupulous people might make arrangements for deaths to occur prematurely. Potential victims who had no relatives, would be especially susceptible to having their lives and organs pirated. It's inevitable that this would begin to happen, if mandatory organ donation were put into effect. Even if just a few cases of this occurred, the entire medical profession would have its trustworthiness brought into question. Medical professionals should oppose mandatory organ donation, for this reason.
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If someone is willing to commit murder, they could already murder someone and sell their organs on the black market.
There is already an organization that handles the assignment of organs (UNOS). It isn't as though you can say "Hey, here's a dead guy. Can I get his liver transplanted into me?"
What you are suggesting is something someone could already do if they were willing to commit murder, and it wouldn't be any more legal under my idea.
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Originally Posted by ClaraC
Declaring a person's organs community property is a hell of a slippery slope.
It's not a stretch to say since we are the owners of your organs upon death, you can be charged with a crime for harming those organs while alive.
So drinking, eating junk food, using pesticides in your home, even choosing not to eat organic food will damage what is public property, your organs.
Nope and nope. This thread feels like "A Modest Proposal" by Jonathan Swift. A farce.
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https://yourlogicalfallacyis.com/slippery-slope
I think this is the fourth time in this thread that I've had to point out that SLIPPERY SLOPES ARE LOGICAL FALLACIES.
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Originally Posted by Brave New World
The debate about compulsory organ donation is the wrong debate to be having.
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Can't we have more than one debate?
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Originally Posted by kayanne
OP, no, the end does not justify the means.
Several times you've said the person is dead anyway, so they have no "rights." In your scenario, if a person's religion (or even personal preference) forbade organ donation, that person would spend his whole live knowing that his wishes would be violated when he died.
There are many ways that more lives could be saved IF saving lives were the ultimate goal above everything else. But most of us value freedom and respect for individual choices above mere living.
We *could* force the donation of one kidney or a partial liver from a living donor (hey what's the harm?), or force women to conceive and carry babies for their bone marrow or other tissues, or require blood and bone marrow donations from everyone, and on and on. Yes, those examples aren't using dead people, as in your scenario, but if it saves more lives, why stop at using dead people?
Again, because of freedom and individual choice. Freedom and respect for beliefs/convictions should not end at death.
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1. The ends often justify the means. Sometimes they don't. In this particular case, it seems the benefit of saving a life outweighs the harm of Joe Smith rotting to dirt without his liver intact.
2. Regarding the idea of taking organs from living donors:
https://yourlogicalfallacyis.com/slippery-slope
Seriously, how is it possible that a board that exists specifically for debating features so many logical fallacies? Do you people seriously not see the hard line distinction between taking the organs of a living person and taking them from a dead person? This isn't a shade of gray.
3. What sort of beliefs do you think you will have when you are dead?
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Originally Posted by Troyfan
And why wait till the person is dead? If a more worthy person needs an organ, why not take it from someone or lesser value?
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https://yourlogicalfallacyis.com/slippery-slope
I am blown away that this many people don't see distinction between taking an organ from a dead body and taking one from a living person. I didn't expect my idea to be popular, but I also didn't expect so many people to think this idea was anything close to murder.
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Originally Posted by SWFL_Native
I think your feeling of entitlement to my organs or the status of my organs is unethical and offensive.
I'll leave you to lead your own life and make your own decisions as you see fit. Stay out of mine...
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I'm not sure why you are using personal pronouns here. I am not suggesting that I get to take your organs. I am suggesting that we live in a world where neither of us gets a guarantee of what will happen to our bodies after death in exchange for a guarantee that we can have functioning organs that could save our lives if we need them.
And they won't be YOUR organs anymore. You won't exist.