By Aaron Klein
Cass Sunstein |
In his 2008 book, "Nudge: Improving Decisions about Health, Wealth and Happiness," Sunstein and co-author Richard Thaler discussed multiple legal scenarios regarding organ donation. One possibility presented in the book, termed by Sunstein as "routine removal," posits that "the state owns the rights to body parts of people who are dead or in certain hopeless conditions, and it can remove their organs without asking anyone's permission."
"Though it may sound grotesque, routine removal is not impossible to defend," wrote Sunstein. "In theory, it would save lives, and it would do so without intruding on anyone who has any prospect for life."
Sunstein continued: "Although this approach is not used comprehensively by any state, many states do use the rule for corneas (which can be transplanted to give some blind patients sight). In some states, medical examiners performing autopsies are permitted to remove corneas without asking anyone's permission."
Sunstein's example of medical examiners removing corneas, however, applies only to patients who are already declared deceased. ....
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