ABSTRACT

Gametes, tissue, and organs can be taken from the dying or dead for reproduction, transplantation, and research. Whole bodies as well as parts can be used for teaching anatomy. The strongest argument for a direct consent requirement is that people have rights to control what happens to their bodies, including after death, and that it would violate these rights to use their bodies without their consent. This chapter discusses knowledge of people’s desires in order to test whether consent is directly required by their rights without worrying about mistaken uses against their wishes. It suggests working out what to do when wishes are known and then adjusting, on the basis of whatever evidence there is, for probability and strength of desire. The direct consent requirement should be taken seriously. It is explicitly defended by some writers.