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But kidneys from the dead are another matter entirely. There is a distinction between strip-mining a live person and strip-mining a dead one. To be crude about it, whereas a person is not a commodity, a dead body can be. Yes, it is treated with respect (which is why humans bury their dead). But it is not inviolable. It does not warrant the same reverence as that accorded a living soul.
The Pennsylvania program is not just justified, it is too timid. It seeks clean hands by paying third parties--the funeral homes--rather than giving cash directly to the relatives. Why not pay them directly? And why not $3,000 instead of $300? That might even address the rich/poor concern: after all, $3,000 is real money, even for bankers and lawyers.
The Pennsylvania program does cross a line. But not all slopes are slippery. There is a new line to be drawn, a very logical one: rewards for organs, yes--but not from the living.
The Talmud speaks of establishing a "fence" around the law, making restrictions that may not make sense in and of themselves but that serve to keep one away from more serious violations. (For example, because one is not allowed to transact with money on the Sabbath, one is not allowed even to touch money on the Sabbath.) The prohibition we have today--no selling of any organs, from the living or the dead--is a fence against the commoditization of human parts. Laudable, but a fence too far. We need to move the fence in and permit incentive payments for organs from the dead.
Why? Because there are 62,000 people desperately clinging to life, some of whom will die if we don't have the courage to move the moral line--and hold it.
