Human Body And The Law
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| Author | : Rohan Hardcastle |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 242 |
| Release | : 2007-09-18 |
| Genre | : Law |
| ISBN | : 1847313574 |
Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). 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 tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.
| Author | : David W. Meyers |
| Publisher | : Transaction Publishers |
| Total Pages | : 218 |
| Release | : |
| Genre | : |
| ISBN | : 0202366588 |
| Author | : Muireann Quigley |
| Publisher | : Cambridge University Press |
| Total Pages | : 363 |
| Release | : 2018-04-19 |
| Genre | : Law |
| ISBN | : 1108570461 |
How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. 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 separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
| Author | : Alan Hyde |
| Publisher | : Princeton University Press |
| Total Pages | : 291 |
| Release | : 1997-07-07 |
| Genre | : Law |
| ISBN | : 1400822319 |
The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.
| Author | : O. Carter Snead |
| Publisher | : |
| Total Pages | : 337 |
| Release | : 2020 |
| Genre | : Law |
| ISBN | : 0674987721 |
American law assumes that individuals are autonomous, defined by their capacity to choose, and not obligated to each other. But our bodies make us vulnerable and dependent, and the law leaves the weakest on their own. O. Carter Snead argues for a paradigm that recognizes embodiment, enabling law and policy to provide for the care that people need.
| Author | : Anita Bernstein |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1107177812 |
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
| Author | : E. Richard Gold |
| Publisher | : Georgetown University Press |
| Total Pages | : 242 |
| Release | : 1996 |
| Genre | : Law |
| ISBN | : 9780878406616 |
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 materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.
| Author | : Harriet A. Washington |
| Publisher | : Anchor |
| Total Pages | : 450 |
| Release | : 2012-11-13 |
| Genre | : Business & Economics |
| ISBN | : 0767931238 |
From the award-winning author of Medical Apartheid, an exposé of the rush to own and exploit the raw materials of life—including yours. Think your body is your own to control and dispose of as you wish? Think again. The United States Patent Office has granted at least 40,000 patents on genes controlling the most basic processes of human life, and more are pending. If you undergo surgery in many hospitals you must sign away ownership rights to your excised tissues, even if they turn out to have medical and fiscal value. Life itself is rapidly becoming a wholly owned subsidiary of the medical-industrial complex. Deadly Monopolies is a powerful, disturbing, and deeply researched book that illuminates this “life patent” gold rush and its harmful, and even lethal, consequences for public health. Like the bestselling The Immortal Life of Henrietta Lacks, it reveals in shocking detail just how far the profit motive has encroached in colonizing human life and compromising medical ethics.
| Author | : Tanya Marsh |
| Publisher | : |
| Total Pages | : |
| Release | : 2015-07-11 |
| Genre | : Law |
| ISBN | : 9781936360291 |
Human remains occupy an uneasy position in U.S. law. A human cadaver is no longer a person, but neither is it an object to be easily discarded. What, if anything, must be done with human remains? What cannot be done with human remains? What should be done with human remains? Before we can critique the law of human remains, we must first understand what the law is. In "The Law of Human Remains," Tanya Marsh, a nationally recognized expert in the law of human remains and cemetery law, collects, organizes, and states the legal rules and principles regarding the status, treatment, and disposition of human remains in the United States so that attorneys and courts can more easily discover, understand, use, and ultimately critique and reform the law. Part I establishes an analytical framework for the law of human remains and presents an overview of significant doctrines. Part II provides a state-by-state summary of the common and statutory law examined in Part I. This book is designed
| Author | : Robert Greene |
| Publisher | : Penguin |
| Total Pages | : 626 |
| Release | : 2018-10-23 |
| Genre | : Self-Help |
| ISBN | : 0698184548 |
From the #1 New York Times-bestselling author of The 48 Laws of Power comes the definitive new book on decoding the behavior of the people around you Robert Greene is a master guide for millions of readers, distilling ancient wisdom and philosophy into essential texts for seekers of power, understanding and mastery. Now he turns to the most important subject of all - understanding people's drives and motivations, even when they are unconscious of them themselves. We are social animals. Our very lives depend on our relationships with people. Knowing why people do what they do is the most important tool we can possess, without which our other talents can only take us so far. Drawing from the ideas and examples of Pericles, Queen Elizabeth I, Martin Luther King Jr, and many others, Greene teaches us how to detach ourselves from our own emotions and master self-control, how to develop the empathy that leads to insight, how to look behind people's masks, and how to resist conformity to develop your singular sense of purpose. Whether at work, in relationships, or in shaping the world around you, The Laws of Human Nature offers brilliant tactics for success, self-improvement, and self-defense.
