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Persons, parts and property : how should we regulate human tissue in the 21st century? /
"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 no...
| Clasificación: | Libro Electrónico |
|---|---|
| Otros Autores: | , , , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Hart Publishing,
[2014]
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- 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.