Między racjonalnością, moralnością i prawem. Mikroekonomiczna analiza rynku transplantacji narządów
Between rationality, morality and law. Microeconomic analysis of the organ transplantation market
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The aim of the article is to put forward argumentation that supports lifting the ban on collecting payment for providing organs for transplantations, on the basis of the economic theory of Rational Choice, according to the concept of Gary Becker. The content fits into the trend of economic analysis of law. The supply of organs for transplantations does not meet the demand declared by the sick. Despite the ban on organ trade being in force, the black market exists. Commercialisation of organs is against the law and it is generally recognised as an unethical phenomenon. Becker’s concept assumes legalisation of making payments to living donors or to heirs of cadaver donors. Microeconomicanalysis indicates conditions of the market equilibrium for organs for transplantation. A monetary compensation for the lost income and for reducing the quality of life results in an increase of the supply of organs and a reduction of the number of individuals queuing for a transplant. Compensation of costs incurred by a donor is acceptable provided that it is not the payment for an organ. Becker postulates that those payments should be financed from public funds. Doubts regard items that the donor will include in cost accounting, as well as preferences in allocation of limited resources of public funds.
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