| Budget Amount *help |
¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 1999: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1998: ¥1,900,000 (Direct Cost: ¥1,900,000)
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| Research Abstract |
This Research was conducted by the head investigator alone through the 1998 and 1999 academic years. Its purpose were to reconstruct some basic legal concepts that appear in the context of discussion over entitlements for disposition of one's or other's body parts and to offer firm theoretical bases for the development of medical criminal law. The concepts such as human dignity, right to self-determination, right to personhood, and property right to body parts are generally examined with the help of interdisciplinary and comparative legal studies. The special effort was made for exclusion of emotive aspects of those concepts by which the discussion seems to have been miserably distorted. And, to avoid the vague and abstract argument,the crime of human organ trading was singled out as the typical context that should be addressed in the final report of this research project. As the report shows, the legal as well as philosophical and economical reasonings of prohibition in human organ an
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d body parts trading were critically analyzed and turned down as theoretically insufficient. Although, being without the clear definition of permissive scope of human organ and body parts trading, the head investigator must admit that the result is still incomplete, he also believes in the importance of the findings gained in the research as the theoretical bases of a such a result : Firstly, human organ and body parts cannot and must not be perceived as objects of property rights. Secondly, substances indicated by the concepts of human dignity and right to personhood are not necessarily able to establish the legal legitimacy of prohibition of human organ and body parts transfer (not trading) themselves. Thirdly, the criterion of permissibility of the transfer is the conformity of one's self-determination with an order of values owned by a particular society, For example, is a transfer of human organ 'paid' or not, or 'to the individual of specific race, sex age, physical strength, and so on' or not. However, fourthly, such an order of values owned by a particular society is itself still immature and unreasonably separated from external criteria that could be introduced from, for example, social cost consideration. Less
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