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/9780198727989.003.0003
- 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 ...
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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 ‘work or skill rule’, and ‘the dual nexus of relations between will and object’—are assessed and then located in the law. A further explanation is then outlined that provides a tripartite account of the body and bodily material (as being for-itself, for-others, or in-itself). This further explanation invites a methodological contrast between a first-person and a third-person perspective on the body and bodily material. This contrast between perspectives is then used to explain the tension between the individual interests that we have in our own body and bodily material (or the body of another person) and the societal interest in allocating material resources to address healthcare needs.Less
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 ‘work or skill rule’, and ‘the dual nexus of relations between will and object’—are assessed and then located in the law. A further explanation is then outlined that provides a tripartite account of the body and bodily material (as being for-itself, for-others, or in-itself). This further explanation invites a methodological contrast between a first-person and a third-person perspective on the body and bodily material. This contrast between perspectives is then used to explain the tension between the individual interests that we have in our own body and bodily material (or the body of another person) and the societal interest in allocating material resources to address healthcare needs.
