When part of a person's body is separated from them, or when a person
dies, it is unclear what legal status the item of bodily material is
able to obtain. A 'no property rule' which states that there is no
property in the human body was first recorded in an English judgment
in 1882. Claims based on property rights in the human body and its
parts have failed on the basis that the human body is not the subject
of property. Despite a recent series of exceptions to the 'no property
rule', the law still has no clear answer as to the legal status of the
body or its material. In this book, Wall examines the appropriate
legal status of bodily material, and in doing so, 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. Wall assesses when a person ought to be able to
possess, control, use, or profit from, his or her own bodily material
or the bodily material of another person. Bodily material may be
valuable because it retains a functional unity with the body or is a
material resource that is in short supply. With this in mind, Wall
measures the extent to which property law can represent the rights and
duties that protects the entitlement that a person may exercise in
bodily material, and identifies the limits to the appropriate
application of property law. An alternative to property law is
developed with reference to the right of bodily integrity and the
right to privacy.
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The Body, Bodily Material, and the Law
Produktdetaljer
ISBN
9780191043857
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter