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Author: H.A. Ten Have
Publisher: Springer Science & Business Media
ISBN: 9780792351504
Category : Medical
Languages : en
Pages : 258
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Book Description
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: H.A. Ten Have
Publisher: Springer Science & Business Media
ISBN: 9780792351504
Category : Medical
Languages : en
Pages : 258
Get Book Here
Book Description
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: E. Richard Gold
Publisher: Georgetown University Press
ISBN: 9780878406616
Category : Law
Languages : en
Pages : 242
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Book Description
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.
Author: Muireann Quigley
Publisher: Cambridge University Press
ISBN: 1108570461
Category : Law
Languages : en
Pages : 363
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Book Description
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: Rohan Hardcastle
Publisher: Bloomsbury Publishing
ISBN: 1847313574
Category : Law
Languages : en
Pages : 242
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Book Description
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: Anne Phillips
Publisher: Princeton University Press
ISBN: 0691150869
Category : Philosophy
Languages : en
Pages : 212
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Book Description
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: Jesse Wall
Publisher: Oxford University Press, USA
ISBN: 0198727984
Category : Law
Languages : en
Pages : 257
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Book Description
Disputes over the use and storage of bodily material continue to arise but the law has no clear answer as to the legal status of bodily material. This book 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.
Author: Sherine Hamdy
Publisher: Univ of California Press
ISBN: 0520951743
Category : Medical
Languages : en
Pages : 370
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Book Description
Why has Egypt, a pioneer of organ transplantation, been reluctant to pass a national organ transplant law for more than three decades? This book analyzes the national debate over organ transplantation in Egypt as it has unfolded during a time of major social and political transformation—including mounting dissent against a brutal regime, the privatization of health care, advances in science, the growing gap between rich and poor, and the Islamic revival. Sherine Hamdy recasts bioethics as a necessarily political project as she traces the moral positions of patients in need of new tissues and organs, doctors uncertain about whether transplantation is a "good" medical or religious practice, and Islamic scholars. Her richly narrated study delves into topics including current definitions of brain death, the authority of Islamic fatwas, reports about the mismanagement of toxic waste predisposing the poor to organ failure, the Egyptian black market in organs, and more. Incorporating insights from a range of disciplines, Our Bodies Belong to God sheds new light on contemporary Islamic thought, while challenging the presumed divide between religion and science, and between ethics and politics.
Author: Chris Shilling
Publisher: Oxford University Press
ISBN: 0191059498
Category : Social Science
Languages : en
Pages : 154
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Book Description
The human body is thought of conventionally as a biological entity, with its longevity, morbidity, size and even appearance determined by genetic factors immune to the influence of society or culture. Since the mid-1980s, however, there has been a rising awareness of how our bodies, and our perception of them, are influenced by the social, cultural and material contexts in which humans live. Drawing on studies of sex and gender, education, governance, the economy, and religion, Chris Shilling demonstrates how our physical being allows us to affect the material and virtual world around us, yet also enables governments to shape and direct our thoughts and actions. Revealing how social relationships, cultural images, and technological and medical advances shape our perceptions and awareness, he exposes the limitations of traditional Western traditions of thought that elevate the mind over the body as that which defines us as human. Dealing with issues ranging from cosmetic and transplant surgery, the performance of gendered identities, the commodification of bodies and body parts, and the violent consequences of competing conceptions of the body as sacred, Shilling provides a compelling account of why body matters present contemporary societies with a series of urgent and inescapable challenges. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author: David Magnus
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
This excellent collection of articles by scientists, ethicists, and legal experts analyzes the convergence of biotechnology and intellectual property legislation, which has give rise to new moral dilemmas. It serves as a valuable reference so readers can make their own judgments.
Author: Gemma Calvert
Publisher: MIT Press
ISBN: 9780262033213
Category : Medical
Languages : en
Pages : 954
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Book Description
Research is suggesting that rather than our senses being independent, perception is fundamentally a multisensory experience. This handbook reviews the evidence and explores the theory of broad underlying principles that govern sensory interactions, regardless of the specific senses involved.
