抄録
In this article. I shall examine why organ sales should be prohibited. First of all. I overview and analyze the current debate regarding organ sales. The analysis proves that the previous studies on organ sales have not paid attention to placing the burden of proof of the discussion and that they could not determine whether organ sales should be banned or not In order to overcome the shortcomings of the previous studies. I attempt to place the burden of the proof of the discussion by presenting the three legal conditions for endorsing organ sales. For each condition. I try to put the burden of the proof on the side of the pro-organ-sales debater or the con-organ-sales debater. By virtue of clarification of places of the burden of the proof, it is possible to understand how persuasive the previous arguments were. In addition. I scrutinize the argumentation supporting organ sales from the concept of self-ownership, which is thought of as the most powerful argumentation for organ sales. Finally. I opine that the right to organs should be construed as the right on the basis of family law. not as the right of property law.
https://ror.org/01rwx7470 