Law and the Human Body: Property Rights, Ownership and Control
Autor Rohan Hardcastleen Limba Engleză Paperback – 27 apr 2009
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| Bloomsbury Publishing – 27 apr 2009 | 304.94 lei 6-8 săpt. | |
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| Bloomsbury Publishing – 17 sep 2007 | 510.68 lei 6-8 săpt. |
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Specificații
ISBN-13: 9781841139777
ISBN-10: 1841139777
Pagini: 242
Dimensiuni: 156 x 234 x 12 mm
Greutate: 0.36 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841139777
Pagini: 242
Dimensiuni: 156 x 234 x 12 mm
Greutate: 0.36 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
In Part I the author traces the evolution of English, Australian and American law in relation to body parts and human tissue separated from living persons and dead bodies. In Part II he develops and presents a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue and biological materials
Notă biografică
Rohan Hardcastle, BA LLB (Hons) (UWA) D Phil (Oxon), has been admitted as a barrister and solicitor of the Supreme Court of Western Australia and currently practises as a barrister in New South Wales.
Cuprins
CHAPTER 1 INTRODUCTIONABiological Materials and Scientific Research1Human Tissue Collections and Genetic Databases(a)Tissue Collections(b)Genetic Databases2Biological Materials(a)Physical ManifestationsGenetic InformationBLegal Framework1Legal Status of Biological Materials2Proprietary Protection3Non-proprietary ProtectionCStructurePART ICHAPTER 2 DEAD BODYANo Property PrincipleBProperty Rights 1Work or Skill Exception2Constitutional Protection3Tort of Wrongful Interference4SummaryCNon-proprietary Interests1Right to Possession for Burial2Quasi-property Rights3Statutory Rights to Possession4Protection under Tort Law5Solatium for Affront6Respect for Private and Family Life7SummaryDConclusionCHAPTER 3 LIVING BODYASlaveryBRejection of Individual Property Rights1Moore v Regents of the University of California2Greenberg v Miami Children's Hospital3Washington University v Catalona4SummaryCProperty Rights1Biological Materials(a)Statute(b)Common Law(c)Summary2Cell-lines3Gametes(a)Statute(b)Common Law4Hair Clippings5Waste Products6SummaryDNon-proprietary Interests1Statute2Common Law3SummaryEConclusionCHAPTER 4 HUMAN TISSUE ACT 2004AHuman Tissue Act 2004 1Consent Requirements2Exceptions to Consent Requirements3Prohibition on Commercial Dealing(a)Original Clause 29(b)Section 324Non-consensual DNA Analysis Offence5SummaryBConclusionPART IICHAPTER 5 PROPERTY RIGHTSAQuestionBTransformation of Biological MaterialsCCreation of Property Rights1Work or Skill Exception2First Possession3Specification Doctrine(a)Background(b)Elements(c)Application to Work or Skill Exception(d)General PrincipleDConclusionCHAPTER 6 CREATION AND ALLOCATION OF PROPERTY RIGHTS AProperty Principles1Detachment2Detachment plus Intention(a)Judicial Support(b)Intention(c)Difficulties3SummaryBApplication 1Original Biological Materials(a)Transfer(b)Abandonment(c)Remedies(d)Summary2Additional Biological Materials(a)Medical and Scientific Research(b)Intellectual Property(c)Specification and Accession(d)Application(e)SummaryCConclusionCHAPTER 7 NON-PROPRIETARY INTERESTS AProtected InterestsBEnglish Law1Autonomy(a)Underlying Value(b)Wrongs2Emotional Distress(a)Definition(b)Wrongs3SummaryCDeveloping Liability1Protected Interests2Conduct3ElementsDConclusionCHAPTER 8 CONCLUSION
Recenzii
Wherever one's sympathies or allegiances may lie along this spectrum, Hardcastle's book is a welcome and stimulating addition to the debate. It is the first text to present so detailed and comprehensive a black-letter legal analysis on point. Thought-provoking, unflinching, thoroughly researched in its descriptive content and well worth reading, it will appeal to academics across a range of disciplines, legal practitioners, policy-makers, lawmakers, biomedical researchers and biobanking professionals alike, both in the UK and internationally...One can also applaud the very welcome and timely addition of this significant, stimulating, refreshingly frank and often provocative new work to the growing canon of literature in this dynamic and important area.
...a welcome addition to the literature of law and medicine. It summarises the existing state of the law comprehensively and provides informed insights into the way the law can legitimately employ property rights to govern an increasingly complicated area. The author is to be commended for a well-written, accessible book that is useful to both the legal and medical communities.
Law and the Human Body has the potential to become, to law and the ownership of bodily materials, what John Seymour's 'Childbirth and the Law' is to law and pregnancy and Graeme Laurie's 'Genetic Privacy' is to genetics and the law: namely, a clear, comprehensive and modern treatment of a central legal and bioethical debate which no student or teacher of the law in that area can do without.an extremely useful volume which will be equally valuable to honours and postgraduate students and their teachers, and to researchers whose primary expertise is in another field but who find themselves in need of a reliable and readable guide to these issues.a vital edition to reading lists for classes in property law, bioethics, and possibly other classes besides, and a book of which all those involved in teaching or writing about this area of law should be aware.
The book provides a very informative analysis of the law in the countries examined.
This is a well written, largely black letter, book which engages in close and careful legal analysis and proffers a skilfully crafted argument. It is a readable and compelling thesis which deserves a wide audience within both the academic and practitioner global legal communities.
...this book provides a powerful indictment of the current law on bodies. The first part of this book lays bare the lack of legal principle and analysis that underlies the law, even in the recent Human Tissue Act 2004. This is done in a scholarly and effective way. I have no doubt that Hardcastle's proposals for reform would produce a more intellectually satisfying state for the law to be in.
This book provides an excellent overview of the legal problems of proprietary and non-proprietary rights to the human body - not just under English law, but also under other common law jurisdictions. While the book may be interesting for readers from civil law jurisdictions, it is certainly of greater interest to scholars from common law countries.
...a welcome addition to the literature of law and medicine. It summarises the existing state of the law comprehensively and provides informed insights into the way the law can legitimately employ property rights to govern an increasingly complicated area. The author is to be commended for a well-written, accessible book that is useful to both the legal and medical communities.
Law and the Human Body has the potential to become, to law and the ownership of bodily materials, what John Seymour's 'Childbirth and the Law' is to law and pregnancy and Graeme Laurie's 'Genetic Privacy' is to genetics and the law: namely, a clear, comprehensive and modern treatment of a central legal and bioethical debate which no student or teacher of the law in that area can do without.an extremely useful volume which will be equally valuable to honours and postgraduate students and their teachers, and to researchers whose primary expertise is in another field but who find themselves in need of a reliable and readable guide to these issues.a vital edition to reading lists for classes in property law, bioethics, and possibly other classes besides, and a book of which all those involved in teaching or writing about this area of law should be aware.
The book provides a very informative analysis of the law in the countries examined.
This is a well written, largely black letter, book which engages in close and careful legal analysis and proffers a skilfully crafted argument. It is a readable and compelling thesis which deserves a wide audience within both the academic and practitioner global legal communities.
...this book provides a powerful indictment of the current law on bodies. The first part of this book lays bare the lack of legal principle and analysis that underlies the law, even in the recent Human Tissue Act 2004. This is done in a scholarly and effective way. I have no doubt that Hardcastle's proposals for reform would produce a more intellectually satisfying state for the law to be in.
This book provides an excellent overview of the legal problems of proprietary and non-proprietary rights to the human body - not just under English law, but also under other common law jurisdictions. While the book may be interesting for readers from civil law jurisdictions, it is certainly of greater interest to scholars from common law countries.
Descriere
This book explores the question; Do you own your body and has application across common law and civil law jurisdictions worldwide.