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The Limits of Property Law

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0007
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify the particular structure of rights and duties that ought to apply to the use and storage of bodily material. This requires an assessment of whether the rights that arise ... More


Being and Owning: The Body, Bodily Material, and the Law

Jesse Wall

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.001.0001
Subject:
Law, Philosophy of Law, Human Rights and Immigration

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 ought to obtain. This book develops a way for the law to ... More


The Objectification of Bodily Material

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0003
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify when, and upon what basis, a person ought to be able to possess, control, or use bodily material. Three predominant explanations—the prior embodiment principle, the ... More


The Commodification of Bodily Material

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0004
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter assesses whether a person ought to be able to profit from the relinquishment or transfer of bodily material. Three arguments are advanced. First, it is not possible to justify the right ... More


The Ownership of Bodily Material

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0002
Subject:
Law, Philosophy of Law, Human Rights and Immigration

Through the analysis of the main legal disputes over the use and storage of bodily material this chapter aims to formulate the initial analytical distinctions required to assess the appropriate legal ... More


Introduction

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0001
Subject:
Law, Philosophy of Law, Human Rights and Immigration

The introduction sets out the the rule that there is ‘no property in the human body’ and the growth of exceptions to it. The aim of the book, to determine the appropriate legal status of bodily ... More


The Structure of Property Law

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0006
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify the ‘structural’ (or ‘doctrinal’) features of property law, compare these features with other branches of law, and consider how these features have been applied to the ... More


Conclusion

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0008
Subject:
Law, Philosophy of Law, Human Rights and Immigration

The conclusion gives the history of the 'no property rule' relating to the human body and its parts, and the implications thereof. The inadequacies of the law in providing protection to entitlements ... More


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