Jesse Wall
- 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 ...
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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 material, is then explained, and its three inquiries introduced. The first inquiry concerns the distinction between ownership as a functional relationship between a person and thing, and the legal relationships between a rights-holder and duty-bearer that are constructed to protect ownership relationships, the second inquiry concerns an ambiguity in the body, and the third inquiry concerns a distinction between different sets, or spheres, of value. It then explains how individual chapters will address these questions, before setting out the parameters of the inquiry.Less
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 material, is then explained, and its three inquiries introduced. The first inquiry concerns the distinction between ownership as a functional relationship between a person and thing, and the legal relationships between a rights-holder and duty-bearer that are constructed to protect ownership relationships, the second inquiry concerns an ambiguity in the body, and the third inquiry concerns a distinction between different sets, or spheres, of value. It then explains how individual chapters will address these questions, before setting out the parameters of the inquiry.
Jesse Wall
- 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
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 to bodily material meant that exceptions have emerged. These exceptions incorporated both Lockean and Hegelian reasoning. The result is a property law that is unusually ambiguous. Finally, the conclusion sets out the aim of the book's recommendations: to attempt to resist the coupling of the exclusionary boundary with contingency rights in the law that applies to the use and storage of bodily material.Less
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 to bodily material meant that exceptions have emerged. These exceptions incorporated both Lockean and Hegelian reasoning. The result is a property law that is unusually ambiguous. Finally, the conclusion sets out the aim of the book's recommendations: to attempt to resist the coupling of the exclusionary boundary with contingency rights in the law that applies to the use and storage of bodily material.
