Bioequity – Property and the Human Body

Bioequity – Property and the Human Body PDF

Author: Nils Hoppe

Publisher: Routledge

Published: 2016-04-15

Total Pages: 200

ISBN-13: 1317174259

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Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.

Our Bodies, Whose Property?

Our Bodies, Whose Property? PDF

Author: Anne Phillips

Publisher: Princeton University Press

Published: 2013-07-21

Total Pages: 213

ISBN-13: 1400846366

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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.

The Legal, Medical and Cultural Regulation of the Body

The Legal, Medical and Cultural Regulation of the Body PDF

Author: Stephen W. Smith

Publisher: Routledge

Published: 2016-03-03

Total Pages: 278

ISBN-13: 131702589X

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The regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.

Comparative Issues in the Governance of Research Biobanks

Comparative Issues in the Governance of Research Biobanks PDF

Author: Giovanni Pascuzzi

Publisher: Springer Science & Business Media

Published: 2013-01-30

Total Pages: 334

ISBN-13: 3642331165

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In the last few years, the boom in biobanking has prompted a lively debate on a host of interrelated legal issues, such as the Gordian knot of the ownership of biological materials, as well as privacy concerns. The latter are due to the difficulty of accepting that biological samples must be completely anonymous without making it practically impossible to exploit their information potential. The issues also include the delicate role and the changing content of the donor’s “informed consent” as the main legal tool that may serve to link the privacy and property interests of donors with the research interests and the set of principles that should be at the core of the biobanking practice. Lastly, the IP issues and the patentability of biological samples as well as the protection of databases storing genetic information obtained from the samples are covered. Collecting eighteen essays written by eminent scholars from Italy, the US, the UK and Canada, this book provides new solutions to these problems. From a comparative viewpoint, it explores the extent to which digital technology may assist in tackling the numerous regulatory issues raised by the practice of biobanking for research purposes. These issues may be considered and analyzed under the traditional paradigms of Property, Privacy, Informed Consent and Intellectual Property.

Medical Law and Medical Ethics

Medical Law and Medical Ethics PDF

Author: Nils Hoppe

Publisher: Cambridge University Press

Published: 2014-04-03

Total Pages: 327

ISBN-13: 1139916025

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A focus on the interplay between medical law and medical ethics makes this refreshing new textbook the most balanced approach available to students of law and medicine. By offering a unique chapter structure which gives equal weight to both the legal and ethical issues it allows for an appreciation of all factors at play in the field of medical law. In addition, its student-friendly writing style combined with critical analysis gives students the tools to engage with key issues and form their own understanding. Accompanying online case studies convey the law in practice, and encourage students to consider their own views and arguments in terms of legal analysis and ethical consideration. Coverage of recent judicial cases and statutes, with a good balance of factual detail and critical analysis, allows students to engage with this evolving discipline.

Biotechnology and the Challenge of Property

Biotechnology and the Challenge of Property PDF

Author: Remigius N. Nwabueze

Publisher: Ashgate Publishing, Ltd.

Published: 2007-01-01

Total Pages: 394

ISBN-13: 9780754671688

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In addressing the impact of modern biotechnology, and its legal accommodation on the customary conduct and traditional beliefs which shape the lives of different communities, Nwabueze's work provides an introduction to the legal regulation of the evolving

European Law and New Health Technologies

European Law and New Health Technologies PDF

Author: Mark L. Flear

Publisher: Oxford University Press

Published: 2013-03-14

Total Pages: 477

ISBN-13: 0199659214

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New health technologies promise great things but they also pose significant challenges for governments, particularly around safety concerns, effectiveness, and value for money. This collection analyses the defining features of the relationship between EU law and new technologies, and the roles of risk, rights, ethics, and markets.

Medical Law and Ethics

Medical Law and Ethics PDF

Author: Jonathan Herring

Publisher: Oxford University Press, USA

Published: 2020-04-15

Total Pages: 703

ISBN-13: 0198846959

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Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics - Answer guidance to one question per chapter