Legal and Jurisprudential consideration of human organ's value

Nowadays, the development of medical knowledge about human and his organs has caused that many complex issues include organ harvesting and transplantationand also buying and selling organs and their will and testament and donation at the same time has been discussed in the field of legal and jurisprudential studies. Hence, due to explain the legitimacy, studying these issues should be prioritized. One of the premises of the first sentence explanation for these issues is that, the value condition of human organs should be clarified in law and jurisprudence. So, this article follow the descriptive-analytic approach and it is a library data study. At first, this study analyzed the definition and the distribution of organs and the things value condition in law and jurisprudence. Then, with regard to the arguments of permissibility of organs harvesting, the objects’ value criteria such as interest for rational purposes, people demand, and other rational approaches that aren’t prohibited by the legislator – and this is the reason for legislator signing, it has concluded that the human organs value are depending on how they are transplanted. Those organs which are faced with some inherent and legal restriction, don’t have any values due to the aforementioned arguments. But those organs that their transplantation didn’t face with legal restriction, should have their own value and they are considered as a financial right. So, the rules and effects of wealth should be considered for them.