Download or read book Bioequity Property and the Human Body written by Nils Hoppe and published by Routledge. This book was released on 2016-04-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.
Download or read book Bioequity written by Nils Hoppe and published by . This book was released on 2009 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Self Ownership Property Rights and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.
Download or read book Our Bodies Whose Property written by Anne Phillips and published by Princeton University Press. This book was released on 2013-07-21 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.
Download or read book Medical Law and Ethics written by Jonathan Herring and published by Oxford University Press, USA. This book was released on 2014 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A concise text providing discussion of the law and an overview of the ethical perspectives, ensuring that readers are able to fully understand the law and its context. Jonathan Herring's lively and captivating writing style brings this highly topical aspect of law to life, whilst remaining closely tailored to course requirements ensuring that this book is the perfect study companion. Carefully created features throughout the text draw attention to the many diverging opinions in medical law, including: religious, feminist, and European perspectives to ensure that readers develop a fully rounded appreciation of the complexities of the subject. As the most regularly updated medical law text, you can be confident that the book takes account of the most recent developments in this extremely fast moving subject area."--Publisher's website
Download or read book The Legal Medical and Cultural Regulation of the Body written by Stephen W. Smith and published by Routledge. This book was released on 2016-03-03 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.
Download or read book Comparative Issues in the Governance of Research Biobanks written by Giovanni Pascuzzi and published by Springer Science & Business Media. This book was released on 2013-01-30 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, the boom in biobanking has prompted a lively debate on a host of interrelated legal issues, such as the Gordian knot of the ownership of biological materials, as well as privacy concerns. The latter are due to the difficulty of accepting that biological samples must be completely anonymous without making it practically impossible to exploit their information potential. The issues also include the delicate role and the changing content of the donor’s “informed consent” as the main legal tool that may serve to link the privacy and property interests of donors with the research interests and the set of principles that should be at the core of the biobanking practice. Lastly, the IP issues and the patentability of biological samples as well as the protection of databases storing genetic information obtained from the samples are covered. Collecting eighteen essays written by eminent scholars from Italy, the US, the UK and Canada, this book provides new solutions to these problems. From a comparative viewpoint, it explores the extent to which digital technology may assist in tackling the numerous regulatory issues raised by the practice of biobanking for research purposes. These issues may be considered and analyzed under the traditional paradigms of Property, Privacy, Informed Consent and Intellectual Property.
Download or read book Biotechnology and the Challenge of Property written by Remigius N. Nwabueze and published by Routledge. This book was released on 2016-04-15 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biotechnology and the Challenge of Property addresses the question of how the advancement of property law is capable of controlling the interests generated by the engineering of human tissues. Through a comparative consideration of non-Western societies and industrialized cultures, this book addresses the impact of modern biotechnology, and its legal accommodation on the customary conduct and traditional beliefs which shape the lives of different communities. Nwabueze provides an introduction to the legal regulation of the evolving uses of human tissues, and its implications for traditional knowledge, beliefs and cultures.
Download or read book Medical Law and Medical Ethics written by Nils Hoppe and published by Cambridge University Press. This book was released on 2014-04-03 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: A focus on the interplay between medical law and medical ethics makes this refreshing new textbook the most balanced approach available to students of law and medicine. By offering a unique chapter structure which gives equal weight to both the legal and ethical issues it allows for an appreciation of all factors at play in the field of medical law. In addition, its student-friendly writing style combined with critical analysis gives students the tools to engage with key issues and form their own understanding. Accompanying online case studies convey the law in practice, and encourage students to consider their own views and arguments in terms of legal analysis and ethical consideration. Coverage of recent judicial cases and statutes, with a good balance of factual detail and critical analysis, allows students to engage with this evolving discipline.
Download or read book Biobanks and Tissue Research written by Christian Lenk and published by Springer Science & Business Media. This book was released on 2011-07-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research field of biobanks and tissue research is highly promising. Many projects around the globe are involved in the collection of human tissue and health data for research purposes. These initiatives are driven by the perspective of decisive breakthroughs in the knowledge of the genetic pathways involved in widespread diseases. However, there are considerable ethical and legal challenges to be considered as well. These challenges encompass the use of body material for research purposes, the misuse of genetic and other health data by third parties, trust in science and medicine, concerns regarding privacy, use of genetic data for forensic applications by the state and the police, and regulatory issues. This volume is divided into three parts: the inclusion of the public, the rights of donors and patients, examples and recommendations for the future of tissue research. It presents a comprehensive overview of the most important topics in the field by renowned scholars in medical ethics and biolaw.
Download or read book The Umbilical Cord Blood Controversies in Medical Law written by Karen Devine and published by Taylor & Francis. This book was released on 2017-01-12 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the therapeutic value of umbilical cord blood (UCB) stem cells was first recognised in the late 1980s, there has been a proliferation of both public and private UCB banks worldwide. However, the ability to utilise such a potentially valuable resource has provoked a number of controversies. In a distinctly accessible style, this book unpacks the socio-legal implications of the UCB collection process and constructs a detailed analysis of the law and ethics that surrounds UCB banking in the UK, including ownership of the cells. Its enquiry is located within the theoretical framework of altruism versus self-interest and explores the notions of risk and choice associated with this distinctive blend of public/private healthcare provision. The book evaluates the impact of the Human Tissue Act 2004 and the European Union Tissues and Cells Directive (2004/23/EC) on the UCB industry and provides a unique insight into the effect that the law may have on the NHS whose maternity staff and premises are used to collect UCB. This book would be of interest primarily to a UK readership in addition to expectant families, health professionals, students, academics, practitioners and the UCB industry elsewhere in the world.
Download or read book European Law and New Health Technologies written by Mark L. Flear and published by Oxford University Press. This book was released on 2013-03-14 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.
Download or read book Ethical Challenges of Organ Transplantation written by Solveig Lena Hansen and published by transcript Verlag. This book was released on 2021-09-30 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection features comprehensive overviews of the various ethical challenges in organ transplantation. International readings well-grounded in the latest developments in the life sciences are organized into systematic sections and engage with one another, offering complementary views. All core issues in the global ethical debate are covered: donating and procuring organs, allocating and receiving organs, as well as considering alternatives. Due to its systematic structure, the volume provides an excellent orientation for researchers, students, and practitioners alike to enable a deeper understanding of some of the most controversial issues in modern medicine.
Download or read book Altruism Reconsidered written by Peter Sýkora and published by Routledge. This book was released on 2016-04-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.
Download or read book Ethical Issues of Human Genetic Databases written by Bernice Elger and published by Routledge. This book was released on 2016-05-13 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the boom in population databases in recent years there has been sustained and intense international debate about political processes and legal and ethical issues surrounding the protection and use of genetic data. As a result, several national and international organizations and committees have published widely differing guidelines and statements concerning genetic databases and biobanks. Ethical Issues of Human Genetic Databases compares the new area of biobanking with the tradition of ethically accepted classical research and highlights the distinctive features of existing databases and guidelines. The volume identifies areas of consensus and controversy while investigating the challenges posed to classical health research ethics by the existence of genetic databases, analyzing the reasons for such varying guidelines. The book will be essential to academics, biobankers, policy-makers and researchers in the field of medical ethics.
Download or read book The Generosity of the Dead written by Graciela Nowenstein and published by Routledge. This book was released on 2016-03-09 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a general assumption in the international debate surrounding organ procurement that Presumed Consent (opting-out) systems produce better results than Express Consent (opting-in) systems. This study uses the French case to challenge this widely held assumption and argues that the French presumed consent systems coexist with patterns of behaviour that in practice do not mobilize the law. It explores four key areas to current research in socio-legal studies focussing on the state and nature of social solidarity, social engineering and the changing nature of the citizen-state relations, state intervention in the event of death and discretion in use of corpses and recent modifications of the status of medical professionals as figures of authority and agents of state policy. Using material based on interviews with medical professionals, this title will be a valuable resource for researchers, academics, policy-makers and practitioners with an interest in this complex and topical subject.
Download or read book Symbolic Legislation Theory and Developments in Biolaw written by Bart van Klink and published by Springer. This book was released on 2016-08-31 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?
