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 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 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 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 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: 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 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 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 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 Property Rights Bodily Autonomy and the Medical Priesthood written by Pete Kelly and published by . This book was released on 2023-07-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, bodily autonomy has come under attack. The debate over whether individuals have the right to make decisions when it comes to their own bodies has been raging at the dinner table, online, and in the workplace. Government mandates requiring social distancing, masking, and vaccinations have caused deep divisions in society, forcing millions of people to understand and explain how these mandates violate their inalienable rights. Since the beginning of recorded history, two great pillars of every thriving society have been bodily autonomy and the ability to own property. Revering human life and private property as sacred blessings of divine origin, ancient societies arranged their systems of governance for their protection. As our minds and souls inhabit our physical bodies, the ancients believed that our bodies were intended to inhabit physical territory enabling security, prosperity, and virtue. With the assurance of these immovable pillars which would eventually become known as natural rights, individuals would be incentivized to make public contributions of increasing value through land ownership. However, the failure of governments to protect either of these rights has always been accompanied by the loss of both. This book will equip readers with the Moral, Religious, and Constitutional origins of bodily autonomy by exploring how inalienable rights have related to religious and government authority throughout history from the earliest civilizations to the present day, through the lens of property ownership. This book will also explain how to apply the principles of Protestant Resistance Theory in the 21st century with the understanding that our bodies are not property of governments, kings, or human institutions, but of the Living God.
Download or read book Exploiting the Human Body written by Lori P. Knowles and published by . This book was released on 1997 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by . This book was released on 2006 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Real-life stories and solid legal analysis combine to show why property rights are the "cornerstone of liberty," how they are protected in the U.S. Constitution, and how the Supreme Court's Kelo v. New London case has impacted them.
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 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 Organ Donation and Property Law written by Julia Nichtern and published by . This book was released on 2013-06 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2012 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 8,5, Maastricht University, course: Legal Writing, language: English, abstract: According to John Locke "Every man has a property in his own person." Whether this theory can be regarded as being correct is going to be answered in this paper, as it deals with organ donation and its relation to the field of property law, especially that of new objects of property law. Due to the fact that there is an increasing development of biomedical research and technology, the human body is treated differently. Beside the many ethnical concerns, organ donation can be illuminated from a legal point of view, namely at what point in time property law plays a role and how far it can influence organ donation itself. There is a growing need to determine whether and under which circumstances we own our organs and how we can legally transfer them to another proprietor. It cannot be denied that property law is an important topic with regard to organ donation, because beside other new objects in the field of property law, such as emission rights or virtual property, it does not only seem to be interesting but also necessary to determine whether we own our human body and its organs and how they can be transferred to another person in a legal way. Even though human organs differ from the usual objects of property law, one can principally establish the same questions as with regard to other objects of that topic, for example how ownership can be transferred. But one should keep in mind that because the human body is involved it is a highly sensitive and ethical issue. Due to the fact that the main focus lies on property law and especially on the concept of ownership the ethical issues will not be addressed extensively, because this would be beyond the scope of this paper. Corollary, there is a central research question, namely: Can the transfer of ownership of organs within different
Download or read book Rights In Property And Property In Rights written by Gary L. Garrison and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation examines the history of the idea that people possess property rights in their own bodies. I also argue such rights are an alternative foundation on which to base the right to privacy recognized by the Supreme Court in 1965. The Court found privacy to exist in an admittedly nebulous "penumbras formed by emanations" from other parts of the Bill of Rights. I argue that privacy can be grounded on property rights as well.many founders, Madison asserted property rights in bodies of others (slaves) and similar ownership interests in wives and children. Modern notions of property are far more rigid then they were two centuries ago. In a 1792 essay titled Property, James Madison explained man owned property in, among other things, religious beliefs, opinions and the liberty of his person. Madison, like many founders, was well-schooled in Enlightenment era thought and writings of John Locke and Adam Smith that argued men had property rights in their bodies. Unfortunately, With abolition of slavery and emancipation of married women from the status of femme covert, the notion of ownership rights in the body fell from favor. If white men could no longer assert claims to property in other bodies, there was nothing to stop the government from stepping in to fill the void. The rise of the "regulatory state" in the nineteenth and twentieth centuries saw a proliferation of laws attempting to regulate lives of Americans, particularly in the area of reproduction. From eugenic laws mandating some people be sterilized and prohibited from bearing children, to anti-contraception and anti-abortion laws essentially mandating other people be forced to bear them, government control of the body expanded. Through it all, however, ownership interests in one's own body remained an economic fact if not a widely recognized constitutional right. Commodification of the body, be it through sale of tissue or even renting of a womb through surrogacy contracts, is a modern day reflection of the fact that we still acknowledge property rights in our own body. A government "taking" of that right should be treated as any other taking of property.
