Jörg Scheinfeld
Organtransplantation und Strafrechtspaternalismus
Eine Analyse der strafbewehrten Spendebegrenzungen im deutschen Transplantationsrecht
[Organ Transplantation and Paternalism in Criminal Law. An Analysis of the Punishable Limitation of Organ Donations in German Transplantation Law.]
2016. 638 pages. Price for libraries
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Summary
German law prohibits some life-saving organ transplantations and thus, in the spirit of paternalism, quashes autonomous decisions made by those in need of an organ and those willing to donate one - and this is even carried out using the legal instruments of criminal law. Jörg Scheinfeld shows the extent to which these prohibition norms are incompatible with the basic principles of criminal law, constitutional law and legal ethics.