Property In The Body
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Property in the Body
Author: Donna Dickenson
language: en
Publisher: Cambridge University Press
Release Date: 2007-04-19
New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach.
Self-Ownership, Property Rights, and the Human Body
Author: Muireann Quigley
language: en
Publisher: Cambridge University Press
Release Date: 2020-01-02
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.
Body Parts
Author: E. Richard Gold
language: en
Publisher: Georgetown University Press
Release Date: 1996
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.