[QUOTE=Broomstick]
Dead people have no rights and own nothing, yet a legal will has legal force regarding disposition of the possessions of the now non-citizen. Justify making an exception for bodyparts.
[/QUOTE]
Well, suppose you die without a will. What happens to your estate? It is distributed according to law. Your spouse first, then your kids, then your parents, then your siblings, then whoever. All written down in a law somewhere. If you don’t want your assets divided up according to this law, you have to “opt out” of probate law, by drawing up a will. If you die with a surviving spouse and no will, the spouse gets everything. If you have kids from a previous marriage, they get nothing. So if you don’t want your trophy wife to get everything, you’ve got to have a will specifying that the trophy wife gets $10 and other good and valuable considerations and the kids get X, Y and Z.
Opt out is exactly how we handle other situations where the person in question is not able to make their wishes known. If the paramedics pull you out of a car and you’re unconscious, they’ll take you to a hospital and start treating you, regardless of what your wishes may or may not be. Our presumption is that a reasonable person would consent to medical treatment. If you don’t wish to give implied consent to medical treatment when unconscious, you’ve got to take affirmative steps to make sure the doctors won’t give you a blood transfusion when you’re out cold. And even if you have a living will that specifies that certain medical treatments should not be performed, in an emergency the doctors don’t first look up your lawyer to see if you’ve got a living will, they start treatment immediately and only after the dust settles do they check to see if you’ve got a living will, or next of kin who can consent for you.
Now, should our standard be that only conscious people can consent to medical treatment, and if you’re unconscious the presumption should be that you would refuse medical treatment? Or should our presumption be that you would consent to medical treatment? The fact that we presume consent to medical treatment, or that we give the entire estate to the spouse doesn’t mean that the state considers you a slave, and feels entitled to make decisions for you. It simply presumes certain things that are very likely to be true, and if they aren’t true the burden is on the individual to make sure that they aren’t presumed true. And since the individual is, well, dead, you’ve got to make those wishes known ahead of time. And if you didn’t give any thought to what would happen to your affairs after you’re dead, and didn’t bother making those wishes known in any sort of legally binding way, then once you’re dead or incapacitated the rest of us are obligated to make those decisions for you.
Note that we can’t pass it off and refuse to decide, we’ve GOT to decide. If you’re unconscious and we don’t decide that you’d probably consent to life saving treatment, then well, you’re going to die. If you’re dead without a will, something has to happen to your assets. Even leaving everything you own as it was at the moment of your death for all eternity is making a decision about what should happen to those things, one you didn’t make.