Bioequity - Property and the Human Body

ISBN-13: 9780754672807 / Angielski / Twarda / 2009 / 200 str.

Opis

Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.

Recenzje

'Hoppe presents a provocative analysis, challenging conventional property solutions and instead outlining a new 'bioequity' in human material through the use of the law of equity. Bioequity - Property and the Human Body will be a valuable resource for lawyers and ethicists alike.' Jean V. McHale, University of Birmingham, UK 'In this book, Nils Hoppe has added significantly to the debate surrounding the regulation of human material. Drawing together ethical and legal sources, he has identified the weaknesses in previous thinking and also provided a highly original alternative perspective through the notion of bioequity. An interesting and significant contribution to the debate.' José Miola, University of Leicester, UK 'From John Moore's splenic cells, to the Alder Hey debacle, and the purloining of Alastair Cooke's bones: the use and abuse of the human body and human biomaterials, as well as providing a seemingly limitless fuel for media consumption, has captured the imagination of the academy. Nils Hoppe's book is a welcome addition to the burgeoning literature in the area.' Medicine, Health Care and Philosophy

Spis treści

Part I Background; Chapter 1 Introduction; Chapter 2 Concepts and Issues; Chapter 3 Alder Hey and Public Opinion; Chapter 4 Terminology; Part II Legal Approaches; Chapter 5 Old Law for New Problems?; Chapter 6 Protecting Entitlements; Chapter 7 The Common Law Position; Chapter 8 Legislation; Chapter 9 A Look at Paradigmatic Case Law; Chapter 10 The Law, Systematically; Part III Bioequity; Chapter 11 Equity; Chapter 12 Developing New Property Classes; Chapter 13 Concluding Thoughts;

O autorze

Nils Hoppe is a postdoctoral fellow in the Medical Law and Bioethics Research Group based at the Center for Philosophy and Ethics of Science at Leibniz Universitaet Hannover, Germany.