Law and the Human Body

Law and the Human Body
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.

The Human Body and the Law

The Human Body and the Law
Author: David W. Meyers
Publisher: Stanford University Press
Total Pages: 394
Release: 1990
Genre: Law
ISBN: 9780804718851

An account of many aspects of medical practice and the law. Dealing with such controversial areas as genetic engineering, fetal rights, transplantation, euthanasia, artificial reproduction, and medical examination, Meyers gives a breakdown of current debates and legal decisions in England, Scotland and the US. First published in 1970. Annotation copyrighted by Book News, Inc., Portland, OR

Law and the Human Body

Law and the Human Body
Author: Rohan John Hardcastle
Publisher:
Total Pages: 210
Release: 2007
Genre: Electronic books
ISBN: 9781474200592

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 ma.

Self-Ownership, Property Rights, and the Human Body

Self-Ownership, Property Rights, and the Human Body
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.

Human Rights and the Body

Human Rights and the Body
Author: Dr Annabelle Mooney
Publisher: Ashgate Publishing, Ltd.
Total Pages: 241
Release: 2014-09-28
Genre: Political Science
ISBN: 1472422619

Human Rights and the Body is a response to the crisis in human rights, to the very real concern that without a secure foundation for the concept of human rights, their very existence is threatened. While there has been consideration of the discourses of human rights and the way in which the body is written upon, research in linguistics has not yet been fully brought to bear on either human rights or the body. Drawing on legal concepts and aspects of the law of human rights, Mooney aims to provide a universally defensible set of human rights and a foundation, or rather a frame, for them. She argues that the proper frames for human rights are firstly the human body, seen as an index reliant on the natural world, secondly the globe and finally, language. These three frames generate rights to food, water, sleep and shelter, environmental protection and a right against dehumanization. This book is essential reading for researchers and graduate students in the fields of human rights and semiotics of law.

Speaking for the Dead

Speaking for the Dead
Author: Maja I Whitaker
Publisher: Ashgate Publishing, Ltd.
Total Pages: 311
Release: 2013-02-28
Genre: Law
ISBN: 1409496465

Speaking for the Dead is an incisive examination of the highly topical and often controversial issues surrounding the use of human cadavers in scientific research. Fully revised and updated to include recent developments in this area, this new edition incorporates the repeated organ scandals in the UK, body parts scandals in the United States, and the abuses of bodies in China. The book provides new material on neuroimaging, neuroethics and Alzheimer's disease and the major ethical issues they raise for society, in addition to discussing plastination in the form of BodyWorlds types of exhibitions. As human anatomists and bioethicists, the authors offer a unique perspective on these issues, crossing the boundaries between clinical, medical, legal and ethical concerns. Their exploration of both historical and contemporary data results in a clear and comprehensive examination of issues at the forefront of bioethics. With its clear writing style and use of non-technical language Speaking for the Dead will be an essential book for all those interested in bioethics, an area which continues to increase in significance with the development of new techniques for the manipulation of human cadavers. As human anatomists and bioethicists, the authors offer a unique perspective on these issues, crossing the boundaries between clinical, medical, legal and ethical concerns. Their exploration of historical developments as well as their analyses of recent case studies result in a pertinent and comprehensive examination of issues at the forefront of bioethics.

The Oxford Handbook of Comparative Health Law

The Oxford Handbook of Comparative Health Law
Author: David Orentlicher
Publisher: Oxford University Press
Total Pages: 1135
Release: 2021-08-26
Genre: Law
ISBN: 0190846771

The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.

Human Body Size and the Laws of Scaling

Human Body Size and the Laws of Scaling
Author: Thomas T. Samaras
Publisher: Nova Publishers
Total Pages: 398
Release: 2007
Genre: Biometry
ISBN: 9781600214080

Several books have been published on scaling in biology and its ramifications in the animal kingdom. However, none has specifically examined the multifaceted effects of how changes in human height create disproportionately larger changes in weight, surface area, strength and other physiological parameters. Yet, the impact of these non-linear effects on individual humans as well as our world's environment is enormous. Since increasing human body size has widespread ramifications, this book presents findings on the human species and its ecological niche. its community and how the species interacts with its environment. Thus, a few chapters provide an ecological overview of how increasing human body size relates to human evolution, fitness, health, survival and the environment. This book provides a unique purview of the laws of scaling on human performance, health, longevity and the environment. Numerous examples from various research disciplines are used to illustrate the impact of increasing body size on many aspects of human enterprises, including work output, athletics and intellectual performance.