Biomedical Ethics and the Law: A Critical Perspective

Abstract

This essay critically reviews the theory of biomedical ethics from a law-and-economics perspective. It suggests that the best direction for society is toward greater reliance on property rights and recognized spheres of autonomy, coupled with freedom of contract within specified limits; and that as a result, the role of the biomedical ethicist should be diminished over time rather than enhanced. I consider applications to the duty of beneficence and commerce in body parts.

Keywords: biomedical ethics, law and economics, property rights, freedom of contract, normative ethical theory, positive or descriptive ethical theory, essentialism, commerce in organs, spheres of autonomy

JEL Classification: K00, K13, K32