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Self-Ownership, Property Rights, and the Human Body
A Legal and Philosophical Analysis

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Part of Cambridge Bioethics and Law

  • Date Published: April 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781107036864

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  • How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.

    • Includes a robust discussion of self-ownership and provides a new perspective to the legal literature
    • Brings together legal and philosophical scholarship in the area and enriches the discourse by taking a wider and more integrated view
    • Discusses in-depth the legislative and common law background by covering a number of jurisdictions: England and Wales, Scotland, US, Canada and Australia
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    Awards

    • Winner, 2018 Choice Outstanding Academic Title

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    Product details

    • Date Published: April 2018
    • format: Hardback
    • isbn: 9781107036864
    • length: 360 pages
    • dimensions: 236 x 157 x 23 mm
    • weight: 0.62kg
    • availability: Available
  • Table of Contents

    1. Bodies of value
    Part I. Human Tissues and the Law:
    2. Regulating the uses of biomaterials: consent and authorisation
    3. Property in the body?
    4. A property (r)evolution?
    Part II. Property and Persons:
    5. What is property? I: bundles and things
    6. What is property? II: rights and interests
    7. The scope and bounds of self-ownership
    Part III. Beyond Self-Ownership:
    8. Property rights in biomaterials
    9. Transferring bodily property
    10. The future of human biomaterials?

  • Author

    Muireann Quigley, University of Birmingham
    Muireann Quigley is Professor of Law, Medicine, and Technology at the University of Birmingham. Before moving to academia she was a medical doctor. Her research is explicitly interdisciplinary and focuses on the philosophical analysis of law and policy. She is particularly interested in biotechnological advances and innovations, and how these can and ought to be dealt with by society. She has previously held a number of research grants, including from the Wellcome Trust and the Leverhulme Trust. She is a member of the Editorial Board of Medical Law International. In 2012 she won the Mark S. Ehrenreich Prize in Healthcare Ethics Research.

    Awards

    • Winner, 2018 Choice Outstanding Academic Title

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