Persons, parts, and property : how should we regulate human tissue in the 21st century? / edited by Imogen Goold, Kate Greasley, Jonathan Herring, and Loane Skene.

Date:
2014
  • Books

About this work

Description

The debate over whether human bodies and their parts should be governed by the law of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognized 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 of this volume represent a collection 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.

Publication/Creation

Oxford : Hart Publishing, 2014.

Physical description

xxiv, 309 pages ; 24 cm

Bibliographic information

Includes bibliographical references and index.

Contents

Introduction / Imogen Goold, Kate Greasley, Jonathan Herring and Loane Skene -- Impressions on the body, property and research / Dianne Nicol, Don Chalmers, Rebekah McWhirter and Joanne Dickinson -- The problems of biobanking and the law of gifts / Cameron Stewart, Wendy Lipworth, Lorena Aparicio, Jennifer Fleming and Ian Kerridge -- Unintended side effects of the National Health Service / Thomas Krebs -- Public umbilical cord blood banking and charitable trusts / Cameron Stewart, Lorena Aparicio, Wendy Lipworth and Ian Kerridge -- Property rights in the human body : commodification and objectification / Kate Greasley -- Property rights in human biological material / Simon Douglas -- The boundaries of property law / Jesse Wall -- Abandonment and human tissue / Imogen Goold -- Cadavers, body parts and the remedial problem / Remigius N Nwabueze -- Alternatives to corporate commons : biobanking, genetics and property in the body / Donna Dickenson -- The problem with alternatives : the importance of property law in regulating excised human tissue and in vitro human embryos / Lyria Bennett Moses -- Why we need a statute regime to regulate bodily material / Jonathan Herring -- Human biomaterials : the case for a property approach / Imogen Goold and Muireann Quigley -- Raising issues with a property law approach / Loane Skene.

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Where to find it

  • LocationStatus
    Medical Collection
    WO690 2014P46
    Open shelves

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Identifiers

ISBN

  • 9781849465465
  • 1849465460