Postscript on Nova species and kinloch damph V. nordvik salmon farms ltd
| Abstract | The law finds it difficult to determine the ownership of the product of living things, such as human tissue or cultures developed from human cells. A person takes such property, uses it to manufacture something new and perhaps valuable, and a question of ownership arises. Does the person who provided the thing own it, or the person who turned it into something valuable? Civilian jurisdictions, with their legal heritage grounded in Roman law, offer one solution. Civilian jurisdictions would resolve such cases under the rules of specificatio (specification). A recent case from the Outer House of the Scottish Court of Session (Kinloch Damph Ltd v. Nordvik Salmon Farms Ltd.) addresses the problem. The case was properly decided, though the grounds of the decision could be improved. Specifically, on civil law principles, civilian courts ought to award ownership of a living thing to a maker/manufacturer who has altered the living thing's natural pattern of development | |||||||||
| Keywords | No keywords specified (fix it) | |||||||||
| Categories | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,701 |
| External links |
  Try with proxy. |
| Through your library | Only published papers are available at libraries |
Similar books and articlesL. Thorne McCarty (2002). Ownership: A Case Study in the Representation of Legal Concepts. Artificial Intelligence and Law 10 (1-3):173-190.
Hugh Breakey (2011). Two Concepts of Property: Ownership of Things and Property in Activities. Philosophical Forum 42 (3):239-265.
Christopher Read Hitchcock (1995). Salmon on Explanatory Relevance. Philosophy of Science 62 (2):304-320.
Theofano Vetouli, Vonne Lund & Brigitte Kaufmann (2012). Farmers' Attitude Towards Animal Welfare Aspects and Their Practice in Organic Dairy Calf Rearing: A Case Study in Selected Nordic Farms. Journal of Agricultural and Environmental Ethics 25 (3):349-364.
Meir Dan-Cohen (2001). The Value of Ownership. Journal of Political Philosophy 9 (4):404–434.
Loane Skene (2007). Legal Rights in Human Bodies, Body Parts and Tissue. Journal of Bioethical Inquiry 4 (2).
Chris Korsgaard (2013). Personhood, animals, and the law. Think 12 (34):25-32.
E. A. Needham & Hugh Lehman (1991). Farming Salmon Ethically. Journal of Agricultural and Environmental Ethics 4 (1).
Analytics
Monthly downloads |
Added to index2009-01-28Total downloads3 ( #202,008 of 549,117 )Recent downloads (6 months)0How can I increase my downloads? |
My notes
Discussion
