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 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 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 212 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 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 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 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: Disputes over the use and storage of bodily material continue to arise but the law has no clear answer as to the legal status of bodily material. This book 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.
Download or read book Property in the Human Body Its Parts written by Alexandra George and published by . This book was released on 2001 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commodifying Bodies written by Nancy Scheper-Hughes and published by SAGE. This book was released on 2002-10-18 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: With rapid developments in reproductive medicine, transplant ethics and bioethics, a new `ethic of parts' has emerged in which the body is increasingly seen as a commodity which can be bartered, sold or stolen. This book combines perspectives from anthropology and sociology to offer compelling new readings of the body.
Download or read book Aristotle s Theory of Bodies written by Christian Pfeiffer and published by Oxford University Press. This book was released on 2018-07-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christian Pfeiffer explores an important, but neglected topic in Aristotle's theoretical philosophy: the theory of bodies. A body is a three-dimensionally extended and continuous magnitude bounded by surfaces. This notion is distinct from the notion of a perceptible or physical substance. Substances have bodies, that is to say, they are extended, their parts are continuous with each other and they have boundaries, which demarcate them from their surroundings. Pfeiffer argues that body, thus understood, has a pivotal role in Aristotle's natural philosophy. A theory of body is a presupposed in, e.g., Aristotle's account of the infinite, place, or action and passion, because their being bodies explains why things have a location or how they can act upon each other. The notion of body can be ranked among the central concepts for natural science which are discussed in Physics III-IV. The book is the first comprehensive and rigorous account of the features substances have in virtue of being bodies. It provides an analysis of the concept of three-dimensional magnitude and related notions like boundary, extension, contact, continuity, often comparing it to modern conceptions of it. Both the structural features and the ontological status of body is discussed. This makes it significant for scholars working on contemporary metaphysics and mereology because the concept of a material object is intimately tied to its spatial or topological properties.
Download or read book Ownership of the Human Body written by H.A. Ten Have and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book in healthcare ethics addressing the moral issues regarding ownership of the human body. Modern medicine increasingly transforms the body and makes use of body parts for diagnostic, therapeutic and preventive purposes. The book analyzes the concept of body ownership. It also reviews the ownership issues arising in clinical care (for example, donation policies, autopsy) and biomedical research. Societies and legal systems also have to deal with issues of body ownership. A comparison is made between specific legal arrangements in The Netherlands and France, as examples of legal approaches. In the final section of the book, different theoretical perspectives on the human body are analyzed: libertarian, personalist, deontological and utilitarian theories of body ownership.
Download or read book The Body written by Chris Shilling and published by Oxford University Press. This book was released on 2016 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Very Short Introduction Chris Shilling considers the social significance of the human body, and the importance of the body to individual and collective identities. He examines how bodies not only shape but are shaped by the social, cultural, and material contexts in which humans live.
Download or read book Property in the Human Body Its Parts Reflections on Self detrmination Il Libeal Society written by Alexandra George and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tissue Organs and Bio Products written by Donald Glynn Self and published by . This book was released on 1997 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Persons Parts and Property written by Imogen Goold and published by Bloomsbury Publishing. This book was released on 2014-09-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.
Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle Cooper Dreyfuss and published by Oxford University Press. This book was released on 2018 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
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 European Intellectual Property Law written by Justine Pila and published by Oxford University Press, USA. This book was released on 2019-08-08 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.
