Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analysis

Medical Law

Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analysis

By Muireann Quigley
Cambridge University Press March 2018

Specifications

ISBN-13
9781107036864
Publisher
Cambridge University Press
Publication
March 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials.

Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.

Table of Contents

1. Bodies of value
Part I. Human Tissues and the Law:
2. Regulating the uses of biomaterials: consent and authorisation
3. Property in the body?

4. A property (r)evolution?
Part II. Property and Persons:
5. What is property? I: bundles and things
6. What is property? II: rights and interests
7. The scope and bounds of self-ownership

Part III. Beyond Self-Ownership:
8. Property rights in biomaterials
9. Transferring bodily property
10. The future of human biomaterials?
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