Allow me to begin this post by briefly defending its title. Upon considering the classification of organ transplants as a “trade” or business, most people would either argue that organs are not traded but rather donated, and/or that any organ trade that does exist is a black market activity. Both of these reactions would be groundless.
Organ transplanting is a business, and a lawful one at that. Unfortunately, the actors most essential to the organ trade (the individuals donating their organs) go unpaid. While the doctors, nurses, technicians, and administrative personnel are all compensated at market value – even though the demand for even the doctors is far below the demand for the actual organ donors. In addition, the recipients of the organs are, essentially, receiving life without having to fully compensate the responsible parties.
To be sure, I am not attacking organ recipients or the medical industry in general. But it is disgraceful that significant sums of money are changing hands without any going towards the most essential actors – the donors.
Recently, however, progress has been made in Israel. Ever the bastion of innovation, Israel has changed its law so that organ donors are now given priority should they require an organ transplant (HT Freakonomics). The change was brought on by the shortage of organ donors in Israel. Granted, the moral and practical answer to the shortage would be to allow individuals to sell their organs on an open market, but this change is at least a significant step in the right direction.
The arguments against the amendments to the law center around the “need” of individuals who are not organ donors. The question then arises of how one person’s need is translated into a moral obligation on the part of his fellow citizens. The answer is that, outside of any personal code of morality, a need on the part of one individual or group never creates a corresponding obligation on the part of another. No reasonable argument can be made for treating need as a virtue, and any government enforcement of that bankrupt morality is the equivalent of a state-imposed religion.
Not only is a legitimate organ trade morally permissible, but it should be encouraged. Organ donors essentially give the gift of life, and the fact that our society forbids compensation of that sacrifice is a travesty. Worse yet, prohibitions on organ trafficking infringe on individual freedom, with the effect of causing needless deaths of those who desperately need healthy organs.