Persons, Parts and Property
How Should we Regulate Human Tissue in the 21st Century?
- 346 pages
- English
- PDF
- Available on iOS & Android
Persons, Parts and Property
How Should we Regulate Human Tissue in the 21st Century?
About this book
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.
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Table of contents
- Cover
- Half-title
- Title
- Copyright
- Acknowledgements
- Contents
- Editors and Contributors
- Table of Cases
- Table of Statutes
- 1 Introduction
- 2 Impressions on the Body, Property and Research
- 3 The Problems of Biobanking and the Law of Gifts
- 4 Unintended Side Effects of the National Health Service
- 5 Public Umbilical Cord Blood Banking and Charitable Trusts
- 6. Property Rights in the Human Body: Commodification and Objectification
- 7. Property Rights in Human Biological Material
- 8. The Boundaries of Property Law
- 9. Abandonment and Human Tissue
- 10. Cadavers, Body Parts and the Remedial Problem
- 11. Alternatives to a Corporate Commons: Biobanking, Genetics and Property in the Body
- 12. The Problem with Alternatives: The Importance of Property Law in Regulating Excised Human Tissue and In Vitro Human Embryos
- 13. Why We Need a Statute Regime to Regulate Bodily Material
- 14. Human Biomaterials: The Case for a Property Approach
- 15. Raising Issues With a Property Law Approach
- 16. Conclusion
- Index