Download or read book Property in the Body written by Donna Dickenson and published by Cambridge University Press. This book was released on 2007-04-19 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach.
Download or read book Body Parts written by E. Richard Gold and published by Georgetown University Press. This book was released on 1996 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Body Parts, E. Richard Gold examines whether the body and materials derived from it--such as human organs and DNA--should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.
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 ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
Download or read book Bioequity Property and the Human Body written by Mr Nils Hoppe and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 282 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 Law and the Human Body written by Rohan Hardcastle and published by Bloomsbury Publishing. This book was released on 2007-09-18 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.
Download or read book The Oxford Handbook of Comparative Health Law written by David Orentlicher and published by Oxford University Press. This book was released on 2021-08-26 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.
Download or read book Property in the Body written by Donna Dickenson and published by Cambridge University Press. This book was released on 2017-06-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an era when all bodies are potentially 'feminised' by being rendered 'open-access' for biomedical research and clinical practice. Adopting a theoretically sophisticated and practical approach, Property in the Body: Feminist Perspectives rejects the notion that the sale of bodily tissue enhances the freedom of the individual through an increase in moral agency. Combining feminist theory and bioethics, it also addresses the omissions which are inherent in policy analysis and academic debate. For example, whilst women's tissue is particularly central to new biotechnologies, the requirement for female labour is largely ignored in subsequent evaluation. In its fully revised second edition, this book also considers how policies and developments vary between countries and within specific areas of biomedicine itself. Most importantly, it analyses the new and emerging technologies of this field whilst returning to the core questions and fears which are inextricably linked to the commercialisation of the body.
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 Law and the Human Body written by Rohan John Hardcastle and published by . This book was released on 2007 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such ma.
Download or read book Biophysics of the Senses written by Tennille D Presley and published by Morgan & Claypool Publishers. This book was released on 2016-12-21 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biophysics of the Senses connects fundamental properties of physics to biological systems, relating them directly to the human body. It includes discussions of the role of charges and free radicals in disease and homeostasis, how aspects of mechanics impact normal body functions, human bioelectricity and circuitry, forces within the body, and biophysical sensory mechanisms. This is an exciting view of how sensory aspects of biophysics are utilized in everyday life for students who are curious but struggle with the connection between biology and physics.
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 Being Property Once Myself written by Joshua Bennett and published by Harvard University Press. This book was released on 2020-03-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prize-winning poet argues that blackness acts as the caesura between human and nonhuman, man and animal. Throughout US history, black people have been configured as sociolegal nonpersons, a subgenre of the human. Being Property Once Myself delves into the literary imagination and ethical concerns that have emerged from this experience. Each chapter tracks a specific animal figure—the rat, the cock, the mule, the dog, and the shark—in the works of black authors such as Richard Wright, Toni Morrison, Zora Neale Hurston, Jesmyn Ward, and Robert Hayden. The plantation, the wilderness, the kitchenette overrun with pests, the simultaneous valuation and sale of animals and enslaved people—all are sites made unforgettable by literature in which we find black and animal life in fraught proximity. Joshua Bennett argues that animal figures are deployed in these texts to assert a theory of black sociality and to combat dominant claims about the limits of personhood. Bennett also turns to the black radical tradition to challenge the pervasiveness of antiblackness in discourses surrounding the environment and animals. Being Property Once Myself is an incisive work of literary criticism and a close reading of undertheorized notions of dehumanization and the Anthropocene.
Download or read book Killing the Black Body written by Dorothy Roberts and published by Vintage. This book was released on 2014-02-19 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Killing the Black Body remains a rallying cry for education, awareness, and action on extending reproductive justice to all women. It is as crucial as ever, even two decades after its original publication. "A must-read for all those who claim to care about racial and gender justice in America." —Michelle Alexander, author of The New Jim Crow In 1997, this groundbreaking book made a powerful entrance into the national conversation on race. In a media landscape dominated by racially biased images of welfare queens and crack babies, Killing the Black Body exposed America’s systemic abuse of Black women’s bodies. From slave masters’ economic stake in bonded women’s fertility to government programs that coerced thousands of poor Black women into being sterilized as late as the 1970s, these abuses pointed to the degradation of Black motherhood—and the exclusion of Black women’s reproductive needs in mainstream feminist and civil rights agendas. “Compelling. . . . Deftly shows how distorted and racist constructions of black motherhood have affected politics, law, and policy in the United States.” —Ms.
Download or read book Property Rights in the Human Body written by Pat Walsh and published by . This book was released on 1997 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Being and Owning written by Jesse Wall and published by Oxford University Press, USA. This book was released on 2015 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.
Download or read book Life Liberty the Defense of Dignity written by Leon Kass and published by Encounter Books. This book was released on 2002-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the onset of Life, Liberty and the Defense of Dignity, Leon Kass gives us a status report on where we stand today: “Human nature itself lies on the operating table, ready for alteration, for eugenic and psychic ‘enhancement,’ for wholesale redesign. In leading laboratories, academic and industrial, new creators are confidently amassing their powers and quietly honing their skills. For anyone who cares about preserving our humanity, the time has come for paying attention.” Trained as a medical doctor and biochemist, Dr. Kass has become one of our most provocative thinkers on bioethical issues. In Life, Liberty and the Defense of Dignity, he has written a book that grapples with the moral meaning of the new biomedical technologies now threatening to take us back to the future envisioned by Aldous Huxley in Brave New World. In a series of mediations on cloning, embryo research, the sale of organs, and the assault on mortality itself, Kass questions the wisdom of trying to break down the natural boundaries given us and to remake the human body into an instrument of our will. He also attempts to chart a course by which we might avoid the dehumanization of biotechnical “recreationism” without rejecting modern science or rejecting its genuine contributions to human welfare. Leon Kass writes profoundly about the limits of science and the limits of life, about what makes us human and gives us human dignity. Life, Liberty and the Defense of Dignity.
Download or read book Rights of Personality in Scots Law written by Niall Whitty and published by Edinburgh University Press. This book was released on 2014-02-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.
