ALTRUISM OR SOLIDARITY? THE MOTIVES FOR ORGAN DONATION AND TWO PROPOSALS Proposals for increasing organ donation are often rejected as incompatible with altruistic motivation on the part of donors. This article questions, on conceptual grounds, whether most organ donors really are altruistic. If we distinguish between altruism and solidarity – a more restricted form of other-concern, limited to members of a particular group – then most organ donors exhibit solidarity, rather than altruism. If organ donation really must be altruistic, then we have reasons to worry about the motives of existing donors. However, I argue that altruism is not necessary, because organ donation supplies important goods, whatever the motivation, and we can reject certain dubious motivations, such as financial profit, without insisting on altruism. Once solidaristic donation is accepted, certain reforms for increasing donation rates seem permissible. This article considers two proposals. Firstly, it has been suggested that registered donors should receive priority for transplants. While this proposal appears based on a solidaristic norm of reciprocity, it is argued that such a scheme would be undesirable, since non-donors may contribute to society in other ways. The second proposal is that donors should be able to direct their organs towards recipients that they feel solidarity with. This is often held to be inconsistent with altruistic motivation, but most donation is not entirely undirected in the first place (for instance, donor organs usually go to co-nationals). While allowing directed donation would create a number of practical problems, such as preventing discrimination, there appears to be no reason in principle to reject it. It is frequently assumed that organ donation should be an altruistic act. This provides reason to resist policies that might increase donation rates where they threaten altruism, for instance proposals to pay donors.1 This article questions this common supposition, by distinguishing between altruism and solidarity. Much actual donation, it will be argued, may be motivated by solidarity rather than altruism. We therefore face a dilemma: either we maintain that organ donation ought to be altruistic, in which case we must concede that many existing cases of donation are suspect, or we admit that donation need not be altruistic after all. Accepting that donation need not be altruistic, opens the door to a number of policy interventions intended to increase donation that might otherwise have been rejected. I conclude by considering two reforms that might increase donation: first, allowing priority to registered donors and, second, allowing directed donation. The insistence on altruism often leads to such policy proposals being swiftly dismissed but, I argue, they may be seen as expressions of solidarity. If this is a permissible motive for donation, then we should give more consideration to such policies. 1 See, for example, R. Titmuss. 1970. The Gift Relationship: From Human Blood to Social Policy. London: Allen and Unwin; P. Singer. Altruism and Commerce: A Defense of Titmuss against Arrow. Philos Public Aff 1973; 2: 312-320 (though Titmuss is specifically concerned with blood, rather than organs). As I was putting the finishing touches to this paper, controversy erupted over the issue of payments in the UK due to S. Rabbitt Roff, ‘We Should Consider Paying Kidney Donors’, Br Med J 2011; 343:d4867 [doi:10.1136/bmj.d4867]. See the quoted remarks of Dr Tony Calland in British Broadcasting Corporation (BBC). 2011. Kidney Donors Payments ‘Would Save Lives’. London: BBC. Available at: http://www.bbc.co.uk/news/uk-scotland-tayside-central-14379215 [accessed 3 Aug 2011]. ALTRUISM AND SOLIDARITY We must, first of all, distinguish altruism and solidarity, both of which are contested terms. While reference is often made to the importance of altruism in debates over organ donation, there is little consensus on its meaning. Indeed, many simply appeal to the importance of altruism, without offering any explicit definition of what they understand by the term. Altruism has, however, been the subject of sustained attention elsewhere.2 Thomas Nagel suggests that altruism should be understood “not [as] mere abject self-sacrifice, but merely a willingness to act in consideration of the interests of other persons, without the need of ulterior motives.”3 He adds that genuine altruism should not depend on any desires of the agent. If one helps others only because one wants to, that is not genuine altruism. The demandingness of altruism is also evident in a discussion by Cillian McBride and Jonathan Seglow who connect altruism to supererogation (acting beyond the call of duty).4 Note that if we have a duty to donate our organs (at least posthumously) then donations cannot be altruistic in this sense.5 2 For a variety of perspectives on altruism, see the papers collected in J. Mansbridge, ed. 1990. Beyond Self-Interest. Chicago: University of Chicago Press; and J. Seglow, ed. 2004. The Ethics of Altruism. London: Frank Cass. 3 T. Nagel. 1970. The Possibility of Altruism. Oxford: Clarendon Press: 79. 4 C. McBride and J. Seglow. Introduction: Egoism, Altruism, and Impartiality. Res Publica 2003; 9: 213-222: 215-6. 5 A duty to donate is suggested by D. Peters. A Unified Approach to Organ Donor Recruitment, Organ Procurement, and Distribution. J Law Health 1988-9; 3: 157-87; P. Chouhan & H. Draper. Modified Mandated Choice for Organ Procurement. J Med Ethics 2003; 29: 157-62; B. Saunders. Normative Consent and Opt-Out Donation. J Med Ethics 2010; 36: 84-87. Solidarity has also been more extensively theorised in other literatures, such as discussions over national identity, but is now receiving increasing attention in bioethics. Solidarity has been proposed as a guiding principle for genomic research. 6 It has also been argued that the Universal Declaration on Bioethics and Human Rights is implicitly solidaristic.7 Again, the meaning of solidarity is contested, but common themes emerge. David Heyd describes solidarity as “sympathy mediated by a belief in a common project.”8 It is, he notes, inherently partial, since we feel solidarity only for members of a certain in-group, such as our nation.9 Ori Lev, similarly, proposes that the core sense of solidarity is captured by the ideas of integration, commitment to a common good, empathy, and trust.10 Adam Cureton argues that solidarity may manifest intrinsically valuable relationships, without being valuable in all circumstances, for instance among Nazis.11 6 R. Hoedemaekers, B. Gordijn & M. Pijnenburg. Solidarity and Justice as Guiding Principles in Genomic Research. Bioethics 2007; 21: 342-350. 7 D. Gunson. Solidarity and the Universal Declaration on Bioethics and Human Rights. J Med Philos 2009; 34: 241-260. 8 D. Heyd. Justice and Solidarity: The Contractarian Case against Global Justice. J Soc Philos 2007; 38: 112-130: 120. 9 Gunson, op. cit. note 7, pp. 245-6 rightly observes that we can feel solidarity with groups to which we do not ourselves belong, but this does not undermine the point that we feel solidarity only for a certain group. 10 O. Lev. Will Biomedical Enhancements Undermine Solidarity, Responsibility, Equality and Autonomy? Bioethics 2001; 25: 177-184: 178. 11 A. Cureton. Solidarity and Social Moral Rules. Ethic Theory Moral Prac. Forthcoming. DOI 10.1007/s10677-011-9313-8. Published online 4 Nov 2011. Having briefly characterized altruism and solidarity, it remains to ask whether these are two distinct phenomena or, rather, two terms referring to the same thing. It has been suggested that solidarity can be understood as a form of altruism.12 Most authors, however, distinguish the two. Solidarity is usually understood to involve feelings of group identity or some common project, which is sometimes taken as a prerequisite for the demands of social justice to apply.13 Thus, it seems that altruism is broader in scope but weaker in its motivational force, whereas solidarity is a more powerful motivation because it invokes feelings of attachment that we do not share with everyone. It could be argued that solidarity is a restricted form of altruism, confined to a particular in-group. Such restricted concern, however, seems not to be genuine altruism. True, scholars sometimes speak of ‘reciprocal altruism’ or ‘kin altruism’.14 These phenomena are not wholly disinterested though. Where apparently ‘altruistic’ behaviour is conditional on others reciprocating, this is no more than extended selfinterest: you scratch my back and I’ll scratch yours. Nor is so-called ‘kin altruism’ entirely selfless. When parents risk their own safety to protect their children, this serves the propagation of their genes. Note that Richard Dawkins connects this limited altruism with selfish genes.15 12 Hoedemaekers et al., op. cit. note 6, p. 343. 13 Heyd, op. cit. note 8; Y. Tamir. 1993. Liberal Nationalism. Princeton: Princeton University Press: 117-137; D. Miller. 1995. On Nationality. Oxford: Oxford University Press: 17-47; M. Canovan. 1996. Nationhood and Political Theory. Cheltenham: Edward Elgar: 27-36. 14 M. Ashton, et al. Kin Altruism, Reciprocal Altruism, and the Big Five Personality Factors. Evol Hum Behav 1998; 19: 243-255. 15 R. Dawkins. 1989. The Selfish Gene. Revised edition. Oxford: Oxford University Press. It might be objected that the contrast here proposed between altruism and solidarity is too stark. Rather than seeing solidarity as something other than altruism, we could interpret as exhibiting some limited form of altruism, even while falling short of full altruism. If altruism comes in degrees, then we can classify many actions as exhibiting at least partial altruism. But this does not solve the problems facing us. While the question of whether organ donation is or should be altruistic may be trivialized, we instead face the question of how altruistic donors are or should be. If low levels of altruism are sufficient, then it is not obvious that the requirement of altruism precludes measures like payment for organs. If appeal to altruism is meant to exclude such proposals, then much higher degrees of altruism are required. But, if the standards of altruism are set so high, then merely solidaristic behaviour seems to fall short of such an ideal, since its scope is limited to a narrow group with whom the agent feels some affinity. I shall, in what follows, contrast altruism and solidarity. If you prefer to think of solidarity as a limited form of altruism, then read all subsequent references to altruism as full altruism. The essential point is that solidarity falls short of (full) altruism, because it is restricted to members of a particular group. IS ORGAN DONATION ALTRUISTIC? Having distinguished altruism and solidarity, it seems that most organ donations are not (fully) altruistic. Many may be motivated by solidarity or other feelings. Of course, whether donation is altruistic depends on how altruism is understood. As we have seen, altruism is sometimes associated with supererogation, which would mean that organ donation could not be altruistic if we are under a duty to donate our organs. Similarly, on Nagel’s understanding, altruism requires us to be motivated simply by consideration of others’ interests, and not by our own desires. Thus, someone who donated her organs because she wanted to help others would not count as altruistic in Nagel’s sense. Maybe many organ donors are altruistic in some broader sense, but there are reasons to doubt that they are altruistic in our present, narrower sense of the term. Altruism is often understood to involve some measure of self-sacrifice, but it is not clear that organ donors sacrifice anything significant. Living donors may offer an organ because it makes them feel good about themselves or to save a loved one. In either case, it could be argued that they are at least as well off after the gift as before. Moreover, since people’s organs are of little use to them after they are dead, posthumous donors seem to sacrifice little or nothing. Perhaps some people, for instance those whose religious beliefs require that their bodies be buried intact, would be required to make a great sacrifice if their organs were taken. 16 Such people, however, usually invoke this sacrifice to justify their refusal to donate, rather than to emphasize the altruism of their donation. Most of those who do donate lose little, if anything, by their donation. This provides one reason to question whether donation is really altruistic. Further, if we accept the distinction drawn above, between group-focused solidarity and impartial altruism, then most donations fall short of altruism because the good is restricted to fellow members of a solidaristic community, such as a nation. Organs rarely go to the neediest people globally. Rather, states operate national systems of organ donation and allocation. Thus, when a given individual donates her 16 B. Saunders. Normative Consent and Organ Donation: A Vindication. J Med Ethics 2011; 37: 632- 633. organs, they will usually go to fellow citizens, with whom she shares some common bonds. Some donors may have their altruistic wishes frustrated by this, but others may wish only to give to their fellow nationals, and thus be acting solidaristically rather than altruistically. Some question whether a national health service, where resources are spent on fellow citizens before more needy foreigners, is morally defensible.17 This is not my present concern. My point is simply that most organ donations benefit fellow citizens, with whom we feel solidarity, so need not exhibit (full) altruism. MUST DONATION BE ALTRUISTIC? If organ donation must, as often supposed, be altruistic then the findings of the previous section would be unsettling. But that most organ donation is not in fact altruistic need not be a problem. I have argued elsewhere that, even if altruistic donations would be preferable, this does not give us reason to refuse donations simply because we are unsure of the donor’s motives.18 Altruism is good, certainly, but so are organs and, even if we cannot increase levels of the former, we ought nonetheless to seek to increase the supply of the latter. Provided that measures to increase organ donation do not reduce altruism, we still have sufficient reason to endorse them. Too much weight has been placed on the alleged requirement of altruism. While it might be better if donors were altruistically motivated, this should not be an absolute 17 I. Brassington. 2007. Public Health: Why an NHS is Morally Indefensible. Exeter: Imprint Academic. 18 B. Saunders. Opt-Out Organ Donation without Presumptions. J Med Ethics 2012; 38: 69-72. necessity. Organs are good because they can be used to save lives, or spare unnecessary suffering, and this instrumental use is not diminished by the way that those organs are acquired. One way to expose ‘status quo bias’ is to employ a reversal test.19 It is often argued that certain ways of increasing donations, such as paying donors, are undesirable, because they would reduce altruism. But if altruism is sufficiently valuable to be worth not increasing organ supply for, then we should ask whether it would also be worth reducing current organ supply for. We might make donation more burdensome, to ensure that donors really are altruistic.20 I take it that few would embrace this suggestion. But, in the absence of any reason to believe that we have exactly the right balance between altruism and organ supply, it should be no less reasonable than rejecting an increase in organ supply. So far, I have argued that much donation may not really be altruistic, as often claimed, but merely solidaristic. If we were to insist that donation must be altruistic, this would give us reason not only to resist certain measures (such as payment for donors) to increase donation rates, but also reason to regard many existing donations as morally suspect. The current section, however, has argued that the importance of altruism is often over-stated. While it might be desirable for donors to be motivated by altruism, we need not reject other motives, including that of solidarity. The alleged requirement for altruism is frequently invoked in order to reject proposals such as payment for donors. Note, however, that we can (if we wish) reject such proposals without insisting on altruism. We might simply say that donations 19 N. Bostrom & T. Ord. The Reversal Test: Eliminating Status Quo Bias in Bioethics. Ethics 2006; 116: 656-80. 20 B. Saunders, op. cit., note 18. should be either altruistic or solidaristic, in the senses employed here, and that those who part with organs only for payment exhibit neither altruism nor solidarity. Alternatively, we might reject payments due to concerns about exploitation or commodification, regardless of the donor’s motivation. Rejecting the requirement of altruism does not, therefore, necessarily open the door to any methods of organ procurement. But, once we abandon the requirement of altruism, reforms that might otherwise have been rejected seem more acceptable. I conclude by briefly considering two proposed reforms based on solidarity. PRIORITY FOR DONORS One way to increase donation rates might be to offer registered donors some level of priority when it comes to the allocation of organs. That is, those in need of organs would enjoy an advantage over others on the waiting list if they were themselves registered donors.21 Such a scheme has been employed in Israel.22 This policy appears in conflict with a requirement of altruism, since donors motivated by such an incentive seem more concerned with securing their own good, rather than with a selfless concern for others. If altruism were a requirement for donation, then such a policy seems undesirable. 21 I. Kleinman & F. Lowy. Cadaveric Organ Donation: Ethical Considerations for a New Approach. CMAJ 1989; 141: 107-110; D. Undis. Changing Organ Allocation will Increase Organ Supply. De Paul Law Rev 2005-6; 55: 889-896. 22 J. Lavee et al. A New Law for Allocation of Donor Organs in Israel. Lancet 2010; 375: 1131-1133. A similar strategy has been proposed in Canada. See S.D. Shemie et al. Lifetime Probabilities of Needing an Organ Transplant Versus Donating an Organ After Death. Am J Transplant 2011; 11: 2085-2092: 2088. But, if solidarity is a legitimate motivation for donation, then this policy might be grounded not in the self-interest of donors, but rather on a norm of reciprocity, recognizing their willingness to give as well as to receive. Those who want to receive transplants, but are not willing to donate their own organs, can be seen as free-riding on the willingness of others to donate. Giving priority to registered donors can be seen, therefore, not simply as an incentive appealing to their self-interest, but as embodying the solidaristic norm that those who would receive should also be prepared to give. Priority for donors seems likely to increase rates of organ donation and can be justified on grounds of solidarity, if not altruism. If I am right that this motivation is not objectionable, then such proposals are worthy of further consideration. This does not mean that such reforms are justified; my claim is merely that we must attend more carefully to arguments for or against such proposals, rather than dismissing them as inconsistent with the requirement of altruism. As it happens, I am somewhat sceptical about the reciprocity-based justification for such measures. It is assumed that those who would take organs must be prepared to give organs in return, but – while it is fair to expect beneficiaries to contribute in some fashion – no justification is offered as to why they must contribute in kind, by giving their organs. We do not always expect beneficiaries to reciprocate in the way that they benefited. If we did, then we may as well demand that those who receive a transplant should also be prepared to conduct transplant surgery on others! If we regard society as a community cooperating in pursuit of some common good, then we must recognize that people contribute in many different ways. Donating one’s organs may be one way of contributing to society, but not the only way. One may also contribute, for instance, through volunteering for charity or simply by paying one’s taxes. Suppose we have two individuals needing a transplant: one is a registered donor but lives on benefits, while the other is not a registered donor but a higher rate tax payer, whose earnings helped pay for the operating theatre and surgeons. It is not obvious that the former has contributed more to the system than the latter. Solidarity may require that all be willing to contribute towards the common good, but it sets no restrictions on the form that this contribution must take. There is no reason to assume that registered organ donors display greater degrees of solidarity than those who contribute in others ways.23 We might think that the problem is simply too narrow a notion of contribution and that an alternative system could be devised in which one’s place on the organ waiting list depends on a variety of ways in which one has contributed. I do not think that this is an attractive avenue to explore. While solidarity may be linked to reciprocity, it is not to be understood as an arms-length market transaction. Solidarity is invoked to explain why we are motivated to care for those who cannot care for themselves, even when we cannot expect anything from them in turn.24 We care for the profoundly handicapped, for instance, because we regard them as part of our community, even if they cannot contribute towards it. Schemes that would give registered donors priority in organ allocation are not, therefore, straightforward implications of solidarity. The relation between solidarity 23 And these ways need not be financial. One might ‘contribute’ by living a healthy lifestyle that puts less strain on the health service. If such a person needs a liver transplant, it would seem unfair to give priority to an alcoholic, whose liver disease was self-inflicted, simply because the latter was a registered donor. 24 Canovan, op. cit. note 13; Tamir, op. cit. note 13; Miller, op. cit. note 13. and reciprocity is more complicated.25 While such proposals may be worthy of further consideration, I am doubtful that they could be justified. DIRECTED DONATION Another possible reform is to allow directed donations, in which a potential donor is allowed to donate their organs on the condition that the organs are received by a member of a certain group.26 Again, such suggestions are usually opposed on the grounds that directed donation fails to manifest the proper altruistic attitude. As argued above though, most actual donation falls short of full altruism. Indeed, giving one’s organs to a national organ bank can itself be seen as a form of directed donation (though not at the discretion of the donor), since one’s organs will go to one’s fellow citizens, rather than more needy foreigners.27 25 Though perhaps not much more complicated. Maybe all that is necessary is that others be willing to cooperate, whether or not they can. 26 I would suggest that we allow donors to specify a priority, but not to restrict their organs absolutely. Thus, one may insist that one’s organ will go to a white person in preference to any black people, but not that it could never go to a black person, if there were no whites on the waiting list. But this is a matter of practical implementation, rather than policy. 27 Note that I treat reciprocity and directed donation as separate phenomena, but directed donation can be used to restrict donations to reciprocators, as in LifeSharers. See D.J. Undis, op. cit, note 21. I also set aside the implications of this policy for NEAD chains. See M.A. Rees et al. A Nonsimultaneous, Extended Altruistic-Donor Chain. N Engl J Med 2009; 360: 1096-1101 and I. Ashlagi et al. Nonsimultaneous Chains and Dominos in Kidney-Paired Donation – Revisited. Am J Transplant 2011; 11: 984-994. Some donors may wish to direct their organs in ways to facilitate such chains, so as to bring about the most good, but other directions may frustrate such chains. It has been argued that such chains raise ethical problems; see E.S. Woodle et al. Ethical Considerations for If we recognize solidarity as an acceptable motive for organ donation, then there seems less reason to oppose directed donation. Why should we accept donations from those with solidaristic feelings towards their fellow citizens as a whole, but reject those from others who would prefer to restrict their organs to some other group with whom they share a solidaristic bond? A common concern about directed donation is that people’s reasons for restricting their organs to members of a particular group may often be morally suspect. We might find that whites would prefer to restrict their organs to fellow whites, and not blacks or other minorities, and vice versa. It may be thought that this is an area where group solidarity shades into morally objectionable racism and ought not to be tolerated – hence the requirement for altruism. While these concerns have some force, directed donation need not be permitted or rejected wholesale. Even if directed donation is allowed, presumably not all directions would be permissible, if only because some (such as ‘give my organs to the person with the fewest Jewish ancestors’) would be too difficult to implement. We might simply prohibit the more morally troublesome instances of direction, while permitting those that strike us as (relatively) innocent.28 Moreover, if our concern is that allowing directed donations would harm certain minorities, who may be discriminated against in people’s directions, it should be noted that whether this would occur is an empirical question. It is not obvious that minorities would be harmed by directed donation. Firstly, since compatibility is one Participation of Nondirected Living Donors in Kidney Exchange Programs. Am J Transplant 2010; 10: 1460-1467. These issues cannot be treated here. 28 Remembering, of course, that so long as the donation and allocation of organs continues to operate on a national basis, it may never be entirely innocent. Is it really any worse if, for example, a member of some particular religious community wishes her organs to go to another member of her faith? criterion for allocating organs, many people’s organs already go to other members of the same ethnic groups. Secondly, allowing directed donations may actually encourage members of minority groups, who are reluctant to have their organs taken for the benefit of the majority, to donate, thereby improving the prospects for others in their group. Whether allowing directed donation would in fact harm minorities requires empirical research in each case (since there is no reason to expect a single answer to hold good for all societies). Even if these studies suggest that minorities would be discriminated against by directed donations, it is a further question whether avoiding this harm justifies the harm arising from a smaller supply of organs. If the former harm is not great, then it is possible that we (or, more accurately, the minorities in question) should be prepared to bear it, for the sake of the good that increased organ donation may do. This line of thinking can be supported by John Rawls’s influential notion of justice as fairness. Rawls’s ‘difference principle’ holds that socio-economic inequalities should be arranged so that they are to everyone’s advantage. 29 One way to understand this is to say that, from a baseline of equality, it makes sense for all to accept inequalities if everyone benefits in absolute terms. It may be better to have a smaller slice of a larger pie, than an equal slice of a smaller pie. A system of donation in which organs go to the most needy is egalitarian, since it does not discriminate on the basis of race, sex, class or any other such ‘arbitrary’ factors.30 Allowing directed donation threatens to upset this equality, since members 29 J. Rawls. 1999. A Theory of Justice. Revised edition. Oxford: Oxford University Press: 53. 30 Though age might figure in determining priority for transplants. Moreover it might be worried that some other criteria, such as compatibility, might amount to indirect discrimination. I bracket such concerns here. of some social groups may have greater prospects of receiving an organ than those of other groups. Nonetheless, it may be that all individuals – even those of disfavoured groups – will have better prospects under the latter arrangement, because such a measure may increase the supply of organs available for everyone to such an extent that all are more likely to receive organs than before.31 Again, I am not saying that we should allow directed donations, only that we should give more consideration to such reforms. However, directed donation seems more attractive than giving registered donors priority on waiting lists. It is true that there may be a number of practical difficulties with directed donation. Indeed, it may be so administratively complex and costly that we are better off prohibiting it altogether, thereby avoiding the need to keep track of various directives or to decide which are and are not legitimate. Nonetheless, even if this is our conclusion, it is important to be clear that we do not reject directed donation on principle (as would be the case if we focused on the lack of altruism exhibited), but for practical reasons. There is nothing inherently wrong about wanting one’s organs to go to those with whom one feels solidarity. CONCLUSION 31 Moreover, it should be remembered that if one organ has a ‘whites only’ directive, giving that organ to a white recipient may free up the undirected organ that they would have received for a black person. We may even adjust existing allocation criteria to minimize the effects of discrimination. For instance, if the top of our waiting list has 1) white person, 2) black person, 3) white person, and our top available organ is undirected, but the second organ in line is ‘whites only’, then rather than give the first organ to the first person, we might give it to the second (black) person, so that the top two on the waiting list still receive organs. The practical implications of my discussion are limited. I stopped short of endorsing either priority for registered donors or directed donation, but these policies are likely to appear more attractive to us once we recognize that most organ donation is not, and need not, be wholly altruistic. Even if we conceive of organ donation as a gift, rather than a duty, it is often motivated by solidarity with a particular community. Placing too much emphasis on altruism may lead us to neglect ways in which organ donation can be increased. We should, instead, look for reforms that tap into widespread feelings of solidarity. Acknowledgements I thank Sarah Fine for sharing unpublished work on solidarity; Patricia Illingworth for discussion of the proposal; and two anonymous reviewers for comments on a previous version. . WORD COUNT: 4,989.