• Journal of medical ethics · Mar 1994

    Fault and the allocation of spare organs.

    • B Smart.
    • Department of Philosophy, Keele University, Staffordshire.
    • J Med Ethics. 1994 Mar 1; 20 (1): 26-30.

    AbstractThis paper argues that rectificatory justice should supplement distributive justice in allocating priority of access to scarce medical resources. Where a patient is at fault for the scarcity of healthy organs a principle of restitution requires that she should give priority to the faultless. Such restitution is non-punitive, and is akin to reparation in civil law, not criminal law. However, it is doubtful whether such a principle can be fairly applied within the present culture of governmental complicity in cigarette advertising.

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