...an absolutely exceptional book by some of the world's leading scholars in this area...

- James Edelman,

...this volume provides a rich picture of the legal and ethical challenges posed by human biomaterials and the strengths and weaknesses of the different possible ways of reforming the law in this area...[A] broad range of views in the body-as-property debate, as well as the disciplines of law, philosophy, and sociology...

- Jeffrey M Skopek, Cambridge Law Journal, 2015, 74

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.
Les mer
The contributions in this volume represent a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question, and a collation of the broad spectrum of analyses on offer.
Les mer
1. Introduction Imogen Goold, Kate Greasley, Jonathan Herring and Loane Skene 2. Impressions on the Body, Property and Research Dianne Nicol, Don Chalmers, Rebekah McWhirter and Joanne Dickinson3. The Problems of Biobanking and the Law of Gifts Cameron Stewart, Wendy Lipworth, Lorena Aparicio, Jennifer Fleming and Ian Kerridge4. Unintended Side Effects of the National Health Service Thomas Krebs5. Public Umbilical Cord Blood Banking and Charitable Trusts Cameron Stewart, Lorena Aparicio, Wendy Lipworth and Ian Kerridge6. Property Rights in the Human Body: Commodification and Objectification Kate Greasley7. Property Rights in Human Biological Material Simon Douglas8. The Boundaries of Property Law Jesse Wall9. Abandonment and Human Tissue Imogen Goold10. Cadavers, Body Parts and the Remedial Problem Remigius N Nwabueze11. Alternatives to a Corporate Commons: Biobanking, Genetics and Property in the Body Donna Dickenson
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Now available in paperback.

Produktdetaljer

ISBN
9781509909896
Publisert
2016-09-29
Utgiver
Vendor
Hart Publishing
Vekt
472 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
334

Om bidragsyterne

Imogen Goold is an Associate Professor in Law at the University of Oxford and a Fellow of St Anne's College.
Kate Greasley is a Junior Research Fellow in Law at University College, Oxford.
Jonathan Herring is a Professor in Law at the University of Oxford and a Fellow of Exeter College.
Loane Skene is a Professor in Law at the Melbourne Law School and an Adjunct Professor in the Faculty of Medicine, Dentistry and Health Sciences at the University of Melbourne.