Here’s where I’m coming from:
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Dead people should have no rights
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Dead people are property of the family, however the fashion of disposal is already regulated (can’t bury Uncle Bob in your front yard or leave his corpse on the porch to scare away solicitors)
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Actual live people can be helped by the organs of dead people, trumping the property rights of the family and the non-existent rights of the dead
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Therefore, it is a greater societal good to limit the rights of the living family members and the dead in order to help live people
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Rights are already limited, so arguments sayin “you can’t limit survivors’ rights arbitrarily” is moot. They are already limited, the argument should be why this new limitation is going overboard or not
As an atheist, I’m not really that worried about the religious aspect of things. We already give religious exemptions for many reason so anybody who chimes in with “but my religions specifically forbids that” will either get the “even Mormons aren’t allowed polygamy” or “fine, you can have an exemptions like you do with taxes” retort
It’s no secret that in the US, thousands of people are waiting for organs everyday and that there is a severe lack of organ donation. Mandatory harvesting of organs seems like a drastic step, and it will be, at first. But keep at it long enough and people will get used to it, just like they get used to the fact that cyclists have to wear helmets and drivers have to wear seat belts. You can argue that those things are wrong, but that’s not the point of this topic. Lots of things are wrong, but why (if you disagree) would this specific change be wrong?
We’re saving real live people. This isn’t a vague “spending $X more would put Y number more cops on the streets and save Z number of lives”. This is tangible, qualitative stuff. Dave is dying and needs a liver. Thousands of people get killed everyday. At least one of those livers must be compatible for him. Why do you care more about this dead guy who will never need his liver again when Dave can use it?
I can see conservatives argue that this is big government. Perhaps, but isn’t a culture of life something they aspire to force upon everyone? Suicide is illegal, and euthanasia is attacked everywhere that allows it. And that is someone asserting their own rights, regardless of government intervention, to decide their destiny. And conservatives have issues with that? Secretly, I suspect, it’s a religious issue with them even if some of them don’t want to admit it. God supposedly gave us life and so we have to live, no matter what, is what I think they believe. However, I bring up the government vs. rights thing not as a “gotcha!” argument, but simply that there are 2 ways to look at it. I think that in this case, dead people wouldn’t give a damn about what happens the kidneys, so take them. The violation in rights is much less than the suffering of the living
Liberals may argue that society isn’t better off with such an intrusion into people’s personal lives. Yes, people may live, but at what cost? To that I say, at least they lived. And the cost is the archaic notion of desecrating the dead, which as an atheist, has no bearing. They’re dead forever and ever, they don’t have rights, they are like a piece of meat you buy from the butcher. Thus the dead lose nothing. And for all the flak we liberals get for trying to help the little guy, help the poor, the weak, the unpopular, tell me how you can look at a dying patient and a slab of flesh and see an equivalence? The grieving family is a third party to this. The government already tells them how they can dispose of their dead. This would be the same thing, except some organs are missing. I believe they need to get over their notion of the body being “whole”. What do you miss about a dead relative? Their presence, their wit, their laughter? Or their lungs, their kidneys, their gall bladder?
Also, I know that China harvests organs automatically from prisoners. And no, I don’t care what we’d have a more extreme policy than they would. I’m not interested in playing a game of Who’s got the Best law? I’m interested in helping the living by taking away rights from objects that I don’t believe deserve it. I think dead people only have such rights because it’s tacky and offensive for anyone to bring up this subject, so it’s not broached often
I do think there is a small concern over how quickly doctors would declare someone officially dead if this change were made. The fear is that doctors who know of a requirement for organs might prematurely declare someone dead and start harvesting without trying their best in order to keep that person alive. Of course, this happens today anyways. After all, people do donate their organs. And while there have been stories of such fears, they are few and far between. So I’m not worried about it, I don’t think that will become a problem. Also, consider that with more organs being available, doctors wouldn’t feel as much pressure to do such a preemptive declaration of death, so it may even help to stem them from jumping the gun. Plus, another benefit is that it may even stop the black market in organ thieving, if the urban legends were correct
Short version: Dead people shouldn’t have rights and living people do, so it’s better if the dead gave up their rights for the living to have a chance to survive.