Self Ownership Property Rights And The Human Body

Author : Muireann Quigley
Publisher : Cambridge University Press
ISBN 13 : 1108570461
Total Pages : 363 pages
Book Rating : 4.66/5 ( download)

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Download or read book Self-Ownership, Property Rights, and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Muireann Quigley
Publisher : Cambridge University Press
ISBN 13 : 1107036860
Total Pages : 363 pages
Book Rating : 4.64/5 ( download)

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Download or read book Self-Ownership, Property Rights, and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.

Author : Anne Phillips
Publisher : Princeton University Press
ISBN 13 : 0691150869
Total Pages : 212 pages
Book Rating : 4.64/5 ( download)

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Download or read book Our Bodies, Whose Property? written by Anne Phillips and published by Princeton University Press. This book was released on 2013-07-21 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.

Author : H.A. Ten Have
Publisher : Springer Science & Business Media
ISBN 13 : 9780792351504
Total Pages : 258 pages
Book Rating : 4.09/5 ( download)

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Download or read book Ownership of the Human Body written by H.A. Ten Have and published by Springer Science & Business Media. This book was released on 1998-07-31 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book in healthcare ethics addressing the moral issues regarding ownership of the human body. Modern medicine increasingly transforms the body and makes use of body parts for diagnostic, therapeutic and preventive purposes. The book analyzes the concept of body ownership. It also reviews the ownership issues arising in clinical care (for example, donation policies, autopsy) and biomedical research. Societies and legal systems also have to deal with issues of body ownership. A comparison is made between specific legal arrangements in The Netherlands and France, as examples of legal approaches. In the final section of the book, different theoretical perspectives on the human body are analyzed: libertarian, personalist, deontological and utilitarian theories of body ownership.

Author : Murray N. Rothbard
Publisher : NYU Press
ISBN 13 : 1479893382
Total Pages : 359 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Ethics of Liberty written by Murray N. Rothbard and published by NYU Press. This book was released on 2015-07-04 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authoritative text on the libertarian political position In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position. Rothbard’s unique argument roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. And while his conclusions are radical—that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state—Rothbard’s applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions. The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This classic book’s radical insights are sure to inspire a new generation of readers.

Author : Jesse Wall
Publisher : Oxford University Press, USA
ISBN 13 : 0198727984
Total Pages : 257 pages
Book Rating : 4.89/5 ( download)

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Download or read book Being and Owning written by Jesse Wall and published by Oxford University Press, USA. This book was released on 2015 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

Author : G. A. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1107393434
Total Pages : 293 pages
Book Rating : 4.31/5 ( download)

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Download or read book Self-Ownership, Freedom, and Equality written by G. A. Cohen and published by Cambridge University Press. This book was released on 1995-10-26 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism.

Author : Rohan Hardcastle
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313574
Total Pages : 242 pages
Book Rating : 4.77/5 ( download)

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Download or read book Law and the Human Body written by Rohan Hardcastle and published by Bloomsbury Publishing. This book was released on 2007-09-18 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Orentlicher
Publisher : Oxford University Press
ISBN 13 : 0190846771
Total Pages : 1135 pages
Book Rating : 4.70/5 ( download)

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Download or read book The Oxford Handbook of Comparative Health Law written by David Orentlicher and published by Oxford University Press. This book was released on 2021-08-26 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : John Christman
Publisher : Oxford University Press
ISBN 13 : 0195358880
Total Pages : 232 pages
Book Rating : 4.89/5 ( download)

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Download or read book The Myth of Property written by John Christman and published by Oxford University Press. This book was released on 1994-07-14 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Myth of Property is the first book-length study to focus directly on the variable and complex structure of ownership. It critically analyzes what it means to own something, and it takes familiar debates about distributive justice and recasts them into discussions of the structure of ownership. The traditional notion of private property assumed by both defenders and opponents of that system is criticized and exposed as a "myth." The book then puts forward a new theory of what it means to own something, one that will be important for any theory of distributive justice. This new approach more adequately reveals the disparate social and individual values that property ownership serves to promote. The study has importance for understanding the reform of capitalist and welfare state systems, as well as the institution of market economies in former socialist states, for the view developed here makes the traditional dichotomy between private ownership capitalism and public ownership socialism obsolete. This new approach to ownership also places egalitarian principles of distributive justice in a new light and challenges critics to clarify aspects of property ownership worth protecting against calls for greater equality. The book closes by showing how defenders of egalitarianism can make use of some of the ideas and values that traditionally made private property appear to be such a pervasive human institution.