Two Ways to Transfer a Bodily Right
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....
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Brill
2018
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| In: |
Journal of moral philosophy
Year: 2018, Volume: 15, Issue: 1, Pages: 46-63 |
| Further subjects: | B
commercial surrogacy
B Prostitution B Rights B kidney sales B Markets |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | 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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| ISSN: | 1745-5243 |
| Contains: | Enthalten in: Journal of moral philosophy
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| Persistent identifiers: | DOI: 10.1163/17455243-46810066 |