Download Persons, Parts and Property: How Should we Regulate Human by Imogen Goold, Kate Greasley, Jonathan Herring, Loane Skene PDF
By Imogen Goold, Kate Greasley, Jonathan Herring, Loane Skene
The contributions during this quantity signify an in depth exploration of the salient criminal and theoretical puzzles coming up out of the body-as-property query, and a collation of the vast spectrum of analyses on supply.
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Additional resources for Persons, Parts and Property: How Should we Regulate Human Tissue in the 21st Century?
Sample text
While this point stands, it is rightly open to the concerns raised elsewhere in this collection about the problematic implications of so doing of the kind explored by Skene and Wall. Bennett Moses addresses some of the concerns about imposing a property framework on biomaterials, arguing that the application of property law will not necessarily lead to the kind of dire outcomes, such as markets in organs, that some suggest. There is also the question of what should be driving our approach to the issues in this area.
19 It is timely, then, to reflect on the following question: would recognition of the property rights in the HeLa cell line by the Lacks family have made a difference to them in their quest to limit open access to familial genetic information? Property in Human Tissue The foundational bioethical principle of autonomy allows individuals to exercise control over their own bodies. Despite this, it has long been thought that there is no property in human bodies as such. 20 Here, key events are highlighted to explain how we reach the conclusion at the end of this section that the courts may struggle to articulate a sound legal rationale for holding that individuals who donate tissue for research purposes have ongoing ownership rights in the donated tissue for the purpose of pursing an action for conversion21 or other similar property-related actions.
Particular attention is focused on three of the key cases here. The US case of Hecht v Superior Court (Kane)31 focused on whether vials of sperm ibid. O Dyer, ‘Working Party Speaks Out on Use of Human Tissue’ (1995) 310 British Medical Journal 31159, quoting Professor Ian Kennedy; R Scott, The Body as Property (London, Allen Lane, 1981) ch 1; M Sappol, A Traffic in Dead Bodies: Anatomy and Embodied Social Identity in Nineteenth-Century America (Princeton, NJ, Princeton University Press, 2002). 26 Doodeward v Spence (1908) 6 CLR 406.