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Title Persons, parts and property : how should we regulate human tissue in the 21st century? / edited by Imogen Goold, Kate Greasley, Jonathan Herring and Loane Skene
Published Oxford : Hart Publishing, [2014]


Description 1 online resource
Contents Cover; Half-title; Title; Copyright; Acknowledgements; Contents; Editors and Contributors; Table of Cases; Table of Statutes; 1 Introduction; Why Property?; Themes; Perspectives; 2 Impressions on the Body, Property and Research; Introduction; Historical Context; Property in Human Tissue; Ethical and Legal Governance of Research Involving Human Tissue; Do We Need Property?; 3 The Problems of Biobanking and the Law of Gifts; Introduction; Biobanks and Biobank Networks; The Law of Gifts; Applying Gifts Law to Biobanking; Conclusion; 4 Unintended Side Effects of the National Health Service
IntroductionDuty of Care, Assumption of Responsibility and Actionable Damage; Remedies; Conclusion; 5 Public Umbilical Cord Blood Banking and Charitable Trusts; Introduction; Umbilical Cord Blood and the Emergence of Public Banking in Australia and Internationally; Concepts of Stewardship and Custodianship; The Law of Charitable Trusts; Applying a Charitable Trust Framework to Public Umbilical Cord Blood Banks; The Benefits and Costs of a Charitable Trust Approach; Conclusion: Biobanks would Benefit from a Charitable Trust Model
6. Property Rights in the Human Body: Commodification and ObjectificationIntroduction; Commodification and Objectification; The Human Body as Legal Property; Conclusion; 7. Property Rights in Human Biological Material; Introduction; Defining Terms; Property Rights and the Body; The Argument for Property Rights; The Problem of Use; Conclusion; 8. The Boundaries of Property Law; Introduction; Beyond Ownership and Beyond Things; Property Rights are Exclusionary Rights; Property Rights are Contingent Rights; The Boundaries of Property Law; Conclusion; 9. Abandonment and Human Tissue; Introduction
The Doctrine of Abandonment at Common LawAbandonment in the Body-as-Property Debate; Abandonment is a Property Concept; The Operation of Abandonment in a 'Tissue as Property' Model; Conclusion; 10. Cadavers, Body Parts and the Remedial Problem; Introduction; Architecture of Current Remedies; Conclusion; 11. Alternatives to a Corporate Commons: Biobanking, Genetics and Property in the Body; Introduction; The Corporate Commons: A Case Example; The Public Commons Revived; Conclusion
12. The Problem with Alternatives: The Importance of Property Law in Regulating Excised Human Tissue and In Vitro Human EmbryosIntroduction; The Importance of Legal Categories; Tissue and Embryos in the Courts; The Meaning of Property; Conclusion; 13. Why We Need a Statute Regime to Regulate Bodily Material; Introduction; Individualised Values; Parts of Bodies and Circumstances; Applications; Summarising the Benefits of a Statute; Objections to a Statutory Model; Conclusion; 14. Human Biomaterials: The Case for a Property Approach; Introduction; Human Biomaterials: On Uses, Value and Property
Summary "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. 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 a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question."--Bloomsbury Publishing
Bibliography Includes bibliographical references and index
Notes Online resource; title from PDF title page (EBSCO; viewed on December 16, 2014)
Subject Human body -- Law and legislation.
Bioethical Issues -- legislation & jurisprudence
Biological Specimen Banks -- legislation & jurisprudence
Informed Consent -- legislation & jurisprudence
Ownership -- legislation & jurisprudence
Tissue Donors -- legislation & jurisprudence
Tissue and Organ Procurement -- legislation & jurisprudence
Medical & healthcare law.
LAW -- Administrative Law & Regulatory Practice.
Human body -- Law and legislation
Form Electronic book
Author Goold, Imogen, editor.
Herring, Jonathan, editor.
Greasley, Kate, editor.
Skene, Loane, editor.
ISBN 9781782254782