抄録
For what purpose should a person, while living or in death, be used? This is the crucial issue of a human's 'Wesen'. Namely, a human being's 'Wesen' requires that one be treated, during life itself and even in death, as an entity with its own reghts. Therefore, if through one's own right of self-decision, we try to justify the use of one's body for the act of organtransplantation, the nature of the patient's, for example that of brain dead, intentions as well as clear legal standards must be formally defined. In cases in which certain endeavours do not violate a person's 'Wesen', when expression of the volition of represontative in the form of consent with sufficiently precise information is acquired, then the possibility of representative with legal authority can be considered. However, when the violation of 'Wesen' is involved, it is requisite that the said person must state, through a formal written declaration, that his or her body can be used as a means for a certain purpose. Furthermore, the creation of a third party's right to decide on the use of the said patient's body is also essential. Therefore, in this case, a consenting representative inevitably won't be effectuated.
