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Persons, Parts and Property - How Should we Regulate Human Tissue in the 21st Century? (Paperback)
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Persons, Parts and Property - How Should we Regulate Human Tissue in the 21st Century? (Paperback)
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The debate over whether human bodies and their parts should be
governed by the laws of property has accelerated with the pace of
technological change. Having long held that a corpse could not be
property, the common law first recognised that there could be a
property interest in human tissue in some circumstances in the
early 1900s, but it was not until a string of judicial decisions
and statutory regulation in the 1990s and early 2000s that the
place of this 'exception' was cemented. The 2009 decision of the
Court of Appeal of England and Wales in Yearworth & Ors v North
Bristol NHS Trust added a new dimension to the debate by supporting
a move towards a broader, more principled basis for finding (or
rejecting) property rights in human tissue. However, the law
relating to property rights in human bodies and their parts remains
highly contested. The contributions in this volume represent a
collation of the broad spectrum of analyses on offer, and provide a
detailed exploration of the salient legal and theoretical puzzles
arising out of the body-as-property question.
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