LEGAL AND JURISPRUDENTIAL CONSIDERATION OF HUMAN ORGAN’S VALUE

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RAJAEI FATEMEH; MOHAGHEGH DAMAD SEYED MOSTAFA

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Journal: MEDICAL FIGH QUARTERLY Year:2016 | Volume:8 | Issue:26-27 Page(s): 137-173

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Information Journal Paper

Title

LEGAL AND JURISPRUDENTIAL CONSIDERATION OF HUMAN ORGAN’S VALUE

Author(s)

RAJAEI FATEMEH | MOHAGHEGH DAMAD SEYED MOSTAFA | Issue Writer Certificate

Keywords

HUMAN ORGANSQ2

ABILITY OF TRANSPLANTATIONQ2

FINANCIAL RIGHTQ2

NON-FINANCIAL RIGHTQ2

Abstract

Nowadays, the development of medical knowledge about human and his organs has caused that many complex issues include organ harvesting and transplantationand also buying and selling organs and their will and testament and donation at the same time has been discussed in the field of legal and jurisprudential studies. Hence, due to explain the legitimacy, studying these issues should be prioritized. One of the premises of the first sentence explanation for these issues is that, the value condition of HUMAN ORGANS should be clarified in law and jurisprudence. So, this article follow the descriptive-analytic approach and it is a library data study. At first, this study analyzed the definition and the distribution of organs and the things value condition in law and jurisprudence. Then, with regard to the arguments of permissibility of organs harvesting, the objects’ value criteria such as interest for rational purposes, people demand, and other rational approaches that aren’t prohibited by the legislator – and this is the reason for legislator signing, it has concluded that the HUMAN ORGANS value are depending on how they are transplanted. Those organs which are faced with some inherent and legal restriction, don’t have any values due to the aforementioned arguments. But those organs that their transplantation didn’t face with legal restriction, should have their own value and they are considered as a FINANCIAL RIGHT. So, the rules and effects of wealth should be considered for them.

Cites

Interaction of the Principles of Jurisprudence and Ethics in the Organ Transplantation

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APA: Copy

RAJAEI, FATEMEH, & MOHAGHEGH DAMAD, SEYED MOSTAFA. (2016). LEGAL AND JURISPRUDENTIAL CONSIDERATION OF HUMAN ORGAN’S VALUE. MEDICAL FIGH QUARTERLY, 8(26-27 ), 137-173. SID. https://sid.ir/paper/195146/en

Vancouver: Copy

RAJAEI FATEMEH, MOHAGHEGH DAMAD SEYED MOSTAFA. LEGAL AND JURISPRUDENTIAL CONSIDERATION OF HUMAN ORGAN’S VALUE. MEDICAL FIGH QUARTERLY[Internet]. 2016;8(26-27 ):137-173. Available from: https://sid.ir/paper/195146/en

IEEE: Copy

FATEMEH RAJAEI, and SEYED MOSTAFA MOHAGHEGH DAMAD, “LEGAL AND JURISPRUDENTIAL CONSIDERATION OF HUMAN ORGAN’S VALUE,” MEDICAL FIGH QUARTERLY, vol. 8, no. 26-27 , pp. 137–173, 2016, [Online]. Available: https://sid.ir/paper/195146/en

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