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The SCBI team.
Organs available for transplantation from deceased donors in Australia are failing to meet the needs of the individuals on organ transplant waiting lists each year. It is plain to see that an increase in supply of donated organs will improve this disparity and benefit greater numbers of transplant recipients, however some solutions suggested recently in Australia and abroad are intertwined with undesirable ethical costs. Two solutions that have received attention recently include; implementation of an opt-out organ donation system and a change to the dead donor rule.
What distinguishes humans from other animals is that we use reason and reflect on our beliefs, values, expectations and experiences, to make important judgments and decisions - we are rational. In the absence of such capacities we cannot be held as being responsible for our decisions and actions - we would no longer be moral agents. It would force us to revise our attributions of responsibility on individuals whose actions turn out not to be a product of rational agency. This clearly has profound implications for our concept of moral/legal responsibility and criminal liability. The legal principle of Mens rae states that a defendant should only be held criminally liable for events or consequences which he/she intended or knowingly risked. Therefore any form of neurological dysfunction, which relates to a defendant’s responsibility for his/her actions, i.e. capacities that are necessary for establishing Mens rae, can form the basis for establishing diminished responsibility (“neuro-mitigation”).