Something funny happened when I started watching Al Roth’s lecture and looked at the paper: I realized that what I always assumed is the meaning of `repugnant transactions’ is not exactly the phenomena that Roth talks about. What I thought `repugnant transaction’ means is a situation of `two rights makes a wrong’: it’s totally awesome that Xanders is willing to donate his extra kidney to Zordiac, and it’s really nice of Zordiac to donate money to Xanders, but these two nobles acts done together in exchange for each other is imoral and should be outlawed. Roth however defines `repugnant transaction’ more broadly as any transaction that some people want to engage in and others don’t think they should.
Consider the opening example of his paper: laws against selling horse meat in restaurants. Here what is repugnant is not the exchange but the good itself. It’s not two rights makes wrong. It’s just wrong. We outlaw the exchange simply because of constitutional reasons or because it’s impossible to enforce a ban on eating — people will simply order take away and perform the crime of eating at their homes.
So let me offer a distinction between `repugnant exchanges’, where the good itself is fine but buying and selling it is repugnant and `repugnant good/services’ where the good or service are what is repugnant, even if for whatever reason what we actually outlaw is the transaction. Most of the examples that Roth gives fall into the `repugnant good/service’ category rather than `repugnant exchange’. Such is the case of buying and selling recreational drugs, endangered species, imported cultural property.
Are there any examples for `repugnant exchanges’ in addition to selling human organs ? Well, there is `renting’ organs, as in surrogate motherhood. Anything else ? An interesting example is lending money with interest, which used to be repugnant in the West (we got over it already): The very idea of lending money was never considered repugnant. What was repugnant is doing it for payment in terms of interest.
Finally, there is prostitution, which is illegal in the US. Repugnant service or repugnant exchange ? depends on your reasoning. Anti-prostitution laws have an unlikely coalition of supporters. There are the religious moralists, for whom the service (extra-marriage sexual intercourse) is what makes the transaction repugnant. They go for prostitution just because that’s what they can outlaw in the US. (They go further in Iran.) But there are also feminists and liberals who view prostitution as exploitation, as I view selling human organs. They find the exchange repugnant even if they have no problem with the service itself.
Note that the example of prostitution shows the difficulty in the distinction I make between `repugnant good/service’ and `repugnant exchange’: It relies on unobservable reasoning. Just by knowing the laws and customs of a society you don’t know to which category a forbidden transaction belongs. Moreover, since different people may have different reasoning, the category is sometimes not uniquely defined. But I still think it’s a useful distinction.