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Logo of jmedethJournal of Medical EthicsCurrent TOCInstructions to authors
 
J Med Ethics. Mar 1994; 20(1): 26–30.
PMCID: PMC1376370
Fault and the allocation of spare organs.
B Smart
Department of Philosophy, Keele University, Staffordshire.
Abstract
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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