Abstract

RIVERA-LOPEZ, Eduardo. Exploitation and bioethics. Individual ethics and legal regulation. Rev. Bioética y Derecho [online]. 2017, n.40, pp.7-22.  Epub Nov 02, 2020. ISSN 1886-5887.

In this paper, I discuss exploitative transactions in bioethics. The most problematic case is what Allan Wertheimer calls "mutually advantageous exploitation": the weak party's (W's) consent for the transaction is an effective and rational consent. Moreover, W does not suffer any harm by the transaction; on the contrary, the transaction benefits W. My aim in this paper is twofold. From the perspective of individual ethics, I offer a model to conceive the nature of the wrongfulness of strong party's action. From the perspective of legal ethics, I suggest some reasons to believe that the prohibition of beneficial, exploitative, contracts is problematic and can only be justified in very exceptional cases.

Keywords : exploitation; bioethics; commercial surrogacy; organ sales; biomedical research..

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