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Being and Owning - The Body, Bodily Material, and the Law (Hardcover)
Loot Price: R2,378
Discovery Miles 23 780
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Being and Owning - The Body, Bodily Material, and the Law (Hardcover)
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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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