Sylvine said:
But if You are looking for a model where the free market decides, look no further than India, which actually banned free organ trade a few years back after having had it for a long time due to pretty gross exploitations of people (buying kidneys for $1000, selling for $32000, for example. Or harvestation without consent during operations to sell them off later).
The existence or non-existence of a ban does NOT in and of itself make for a free market, a condition that has NEVER existed in India. The ban did not *end* these "injustices"--the black market is alive and well in India because what India lacks is a vital component of a free market: impersonal rights-respecting government. (Yes, that's right, you need a proper government for the free market to operate.) And if buying a kidney for $1000 and selling it for $32000 (totally ignoring the ENORMOUS cost of removal, transport, prep, etc that goes into that) is unjust, then how exactly is buying a kidney for NOTHING and selling it for $200,000 (about the going price in the U.S.) a BETTER demonstration of justice? And keep in mind that ALL organs procured in the U.S. are procured by GOVERNMENT agencies (OPO's). That money ain't profit; it barely covers costs.
In fact, due in part to the perpetually cash-strapped state of those OPO's, many, many organs that people would otherwise be happy to see used go unharvested. (It's not cost-effective for a single agency that *has* to cover an entire state to visit every podunk hospital in whereverthehellthisisville. They concentrate on major cities.) On the other hand, with tissue (which is harvested by non-government companies--all SIX of them in the U.S.--and those six sure as heck don't COVER the U.S., their expansion, development and coverage is limited by required not-for-profit status, so they can't reinvest earnings back into the company and expand that way, they have to beg for DONATIONS in order to increase their size and coverage) many products actually experience a market GLUT. The tissue bank I worked for actually threw out a lot of procured fascia (which is used in a number of soft-tissue surgeries) because nobody would buy the stuff; we got in WAY more of it than anyone had any use for. The only thing we were perpetually short of was skin, and this wasn't due to a huge demand for skin, per se, but instead due to the fact that we priced it WELL below what the market would normally support, turning it into a cheap throwaway one-use product for lazy hospitals and doctors looking to conserve their stores of the otherwise vastly-superior (and more expensive) artificial products out there. (Yes, the artificial stuff is actually *superior* to the "real" stuff. It's even better to use the person's own skin, but large-scale skin injuries can make this impossible, and even with smaller-scale stuff it's not always advisable to inflict further injury on the person.) If we hadn't sold at an "EVERYTHING MUST GO!!" price, there wouldn't have been much of a market for it at all.
I could go on and on like this. The distortion of the market for these products by incredibly stupid legislation is literally too absurd to be believed. It amazes me that the "solution" most people propose is to take that situation and MAKE IT WORSE by yet more ill-considered legislation, when getting RID of the whole stupid mess is ultimately the only thing that will "fix" it. Granted, it may not "fix" it in a manner that some people with an agenda would like, but the system will be sanely based on reality instead of the variant whims of legislators, and that's a definite improvement.
And isn't making donation mandatory PRECISELY "harvestation (sic) without consent"? You'd better get yourself straightened out about precisely what you're in favor of, here.