BOOKS - Law and the Human Body: Property Rights, Ownership and Control
Law and the Human Body: Property Rights, Ownership and Control - Rohan Hardcastle September 14, 2007 PDF  BOOKS
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Law and the Human Body: Property Rights, Ownership and Control
Author: Rohan Hardcastle
Year: September 14, 2007
Format: PDF
File size: PDF 1.2 MB
Language: English



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The book "Law and the Human Body: Property Rights, Ownership, and Control" delves into the complex and controversial issue of ownership and control over human body parts, particularly in the context of medical research and technological advancements. The author argues that the current state of the law is unsatisfactory, with unclear property rights and conflicting interests between individuals, medical institutions, and society as a whole. To address this issue, the book proposes a personal paradigm for understanding the technological process of developing modern knowledge, which can serve as the foundation for the survival of humanity and unity in a warring world. Part I of the book traces the evolution of English, US, Canadian, and Australian law regarding human tissue separated from living persons and dead bodies. This includes an in-depth examination of the Human Tissue Act 2004 (UK) and notable court decisions such as Re Organ Retention Group Litigation [2005], Colavito v New York Organ Donor Network Inc [2006], and Washington University v Catalona [2006]. The analysis reveals that while limited property rights and non-proprietary interests in separated human tissue are recognized, no principled basis has been established by common law or statute to support these rights and interests. In Part II, the author develops and defends a principled basis for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue under English law.
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