David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Bioethical Inquiry 4 (2):129-133 (2007)
This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies.
|Keywords||Ownership Tissues Jurisprudence Biomedical research Humans|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Marie Fox & Jean McHale (2000). Regulating Human Body Parts and Products. Health Care Analysis 8 (2):83-85.
Andreas Westermeier, WTO Rights and Human Rights in the WTO Arbitration (WTO-Rechte Und Menschenrechte Im WTO-Schiedsverfahren).
Nghia Hoang, International Human Rights Law and the Protection of the Individual's Rights in the Age of Terrorism: The Case of the United Kingdom.
Brigitte Jansen & Juergen Simon (2005). Some Ethical and Legal Issues in Germany Involving Informed Consent and Patenting. Science and Engineering Ethics 11 (1):93-96.
Jean McHale (2000). Waste, Ownership and Bodily Products. Health Care Analysis 8 (2):123-135.
Lynne Rudder Baker (2000). Persons and Bodies: A Constitution View. Cambridge University Press.
Deryck Beyleveld & Roger Brownsword (2000). My Body, My Body Parts, My Property? Health Care Analysis 8 (2):87-99.
Alastair V. Campbell (2009). The Body in Bioethics. Routledge-Cavendish.
Alexandra George (2004). Is `Property' Necessary? On Owning the Human Body and its Parts. Res Publica 10 (1):15-42.
Added to index2009-01-28
Total downloads60 ( #31,641 of 1,679,365 )
Recent downloads (6 months)1 ( #183,761 of 1,679,365 )
How can I increase my downloads?