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Logo of jmedethJournal of Medical EthicsVisit this articleSubmit a manuscriptReceive email alertsContact usBMJ
J Med Ethics. 1994 March; 20(1): 26–30.
PMCID: PMC1376370

Fault and the allocation of spare organs.


This paper argues that rectificatory justice should supplement distributive justice in allocating priority of access to scarce medical resources. Where a patient is at fault for the scarcity of healthy organs a principle of restitution requires that she should give priority to the faultless. Such restitution is non-punitive, and is akin to reparation in civil law, not criminal law. However, it is doubtful whether such a principle can be fairly applied within the present culture of governmental complicity in cigarette advertising.

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  • Pou Serradell A, Matías Guiu V, Escudero Rubi D, Pascual Calvet J, Moral Pijaume A. Lymphome primitif méningé et cérébral. Etude d'un cas suivi pendant 8 ans. Rev Neurol (Paris) 1989;145(3):231–235. [PubMed]

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