Last edited by Zulkree
Friday, May 8, 2020 | History

3 edition of Property rights in the human body found in the catalog.

Property rights in the human body

Property rights in the human body

  • 215 Want to read
  • 13 Currently reading

Published by Centre of Medical Law & Ethics in London .
Written in English

    Subjects:
  • Medical ethics.,
  • Body, Human.,
  • Right of property.

  • Edition Notes

    Statementedited by Kristina Stern & Pat Walsh.
    SeriesOccasional papers series -- 2
    ContributionsStern, Kristina., Walsh, Pat., King"s College (University of London). Centre of Medical Law and Ethics.
    The Physical Object
    Pagination33 p. ;
    Number of Pages33
    ID Numbers
    Open LibraryOL16251272M
    ISBN 101898484252
    OCLC/WorldCa37419655

    Recommend this book Email your librarian or administrator to recommend adding this book to your organisation's collection. Self-Ownership, Property Rights, and the Human Body.   Ownership of the body and its parts. The question of the ownership of the body is a very complex one, both in ethical and legal terms. Although there is now nearly worldwide recognition that no person can own another person, as this would constitute slavery and violate Article 4 of the Universal Declaration of Human Rights,28 this fundamental right is not always guaranteed in practice; the Cited by:

    Buy Law and the Human Body: Property Rights, Ownership and Control 1 by Rohan Hardcastle (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders.5/5(1). PROPERTY RIGHTS AND THE HUMAN BODYproperty has been described as a "bundle of rights" consisting of the right to possess, to use, to exclude, to enjoy profits, and to dispose. When it comes to property in the human body, one sees various collections of some component rights in this bundle, though never the whole bundle.

      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 5/5(1).   I read this book on my holiday. What initially felt like a compromise (I was late with my book review and did not want to delay it further) turned out to be a real intellectual treat: Muireann Quigley’s book is a comprehensive, thought-provoking, and inspiring work whose relevance goes beyond the topic of property rights in the human by: 1.


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Property rights in the human body Download PDF EPUB FB2

She advances a new defence, underpinned by self-ownership, Property rights in the human body book 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 : Muireann Quigley. 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 by: 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 by: 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. 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 Author: Muireann Quigley.

"Phillips examines the public policy ramifications of using property rights language about the body and its parts This is a valuable and balanced survey of the various positions on issues that evolving social views and medical technology are making important, if not vital.", Choice "There is much to admire in this book Cited by: 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. they become separated from the body.

The author argues for recognition of limited property rights vesting in the source of human biological materials, and dismisses many of the objections to so doing. “Property, Control and Separated Human Biomaterials” European Journal of. Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analysis.

This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others. Property Rights, and the Human Body: A Legal and Philosophical Analysis Volume 43 of Cambridge Bioethics and Law.

The case generally cited in the United States on this issue of whether there are property rights in human tissues is Moore v. Regents of the University of California, P.2d (Cal. There, the California Supreme Court denied John Moore’s conversion claim (conversion is, in basic terms, civil theft), rejecting the argument that an individual has property interests in his cells or other.

A Look at Property Rights and the Human Body with the Cases of Henrietta Lacks and John Moore Overview InHenrietta Lacks, a young African American woman, entered the colored ward of the Johns Hopkins Hospital to begin treatment for cervical cancer.

As she lay on the operating table, a sample of her cancerous. 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. Neil Maddox, ‘Book review: Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analyses’ Steve Hedley on 8 April — Leave a Comment Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analysis, Muireann Quigley.

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 ing 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 4/5(1).

R. Hardcastle, Law and the Human Body: Property Rights, Ownership and Control (Hart Publishing ) at 1. 3 See, e.g. Andrews and B.A.

Nelkin, The Body Bazaar: The Market for Human Tissue in the Biotechnology Age (Crown Publishers ); L.B. Andrews, ‘My Body, My Property’ () 16 Hastings Center Report Cited by: 1. theft, property rights and the human body – a scottish perspective evidently present in all living individuals, since it is impossible to sell oneself lawfully into slavery in the United Kingdom.

Book review: Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analyses Neil Maddox Medical Law International 0 /Author: Neil Maddox. Home / Edinburgh Law Review / List of Issues / Vol Issue 2 / Rohan Hardcastle, LAW AND THE HUMAN BODY: PROPERTY RIGHTS, OWNERSHIP AND CONTROL Oxford and Portland, Oregon: Hart Publishing (), xxxii + pp.

ISBN £Author: Mary Ford. 1. Two views of property. With respect to property rights there are two major rival schools of thought in political philosophy.

One of these is generally referred to as the natural rights theory, whereas the other lacks an established name. We propose to call it the social constructivist theory of by: Rohan Hardcastle, LAW AND THE HUMAN BODY: PROPERTY RIGHTS, OWNERSHIP AND CONTROL Oxford and Portland, Oregon: Hart Publishing (), xxxii + pp.

ISBN £ Certain books become essential reading in their fields almost as soon as they are published. This article attempts to answer two basic questions. First, can body parts be the subject of property rights? This requires us to start with a definition of property rights, and this is set out in the first section.

In the second section, it will be argued that rights in relation to body parts can come within this definition of property by: 2.Rights of Personality, Property Rights and the Human Body in Scots Law Share. Rights of Personality, Property Rights and the Human Body in Scots Law Book Review Editor.

Lorna Richardson Edinburgh Law Review School of Law, University of Edinburgh, David Hume Tower George Square Edinburgh EH8 9JX Edinburgh Law Review is abstracted and Cited by: 7.PROPERTY RIGHTS TO OUR BODIES AND THEIR PRODUCTS JAMES EDELMAN ♣ This article, written for Peter Johnston, examines issues concerning property rights to our bodies and their products.

The questions of principle involved in this area have attracted vast debate and discussion amongst lawyers for two millenia.