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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 Individualism of Property Claims

Anne Phillips

in Our Bodies, Whose Property?

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691150864
eISBN:
9781400846368
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691150864.003.0006
Subject:
Philosophy, Political Philosophy

This chapter turns to broad policy implications and argues that the individualism inherent in property claims makes it particularly difficult to engage with macrolevel concerns. Framing bodily rights ... More


The Right to Bodily Autonomy and the Abortion Controversy

Anita M. Superson

in Autonomy, Oppression, and Gender

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199969104
eISBN:
9780190225711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199969104.003.0014
Subject:
Philosophy, Feminist Philosophy, Moral Philosophy

In her influential paper on abortion, Judith Thomson invokes but does not defend the right to bodily autonomy to draw fairly liberal conclusions about abortion. This chapter uses this as a ... More


The Concept 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/9780198727989.003.0005
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify two ‘conceptual’ features of property rights and then consider how these features align with the right to bodily integrity. Property rights enable the rights-holder to ... 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


A Defense of Self-Medication

Jessica Flanigan

in Pharmaceutical Freedom: Why Patients Have a Right to Self Medicate

Published in print:
2017
Published Online:
August 2017
ISBN:
9780190684549
eISBN:
9780190684570
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190684549.003.0001
Subject:
Philosophy, Political Philosophy

The same considerations that justify rights of informed consent also justify rights of self-medication because paternalism is wrong at the pharmacy and in the doctor’s office. Rights of ... More


Pharmaceutical Freedom: Why Patients Have a Right to Self Medicate

Jessica Flanigan

Published in print:
2017
Published Online:
August 2017
ISBN:
9780190684549
eISBN:
9780190684570
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190684549.001.0001
Subject:
Philosophy, Political Philosophy

If a competent adult refuses medical treatment, physicians and public officials must respect her decision. Coercive medical paternalism is a clear violation of the doctrine of informed consent, which ... More


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