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Zusatztext This book provides an excellent overview of the legal problems of proprietary and non-proprietary rights to the human body – not just under English law, but also under other common law jurisdictions. While the book may be interesting for readers from civil law jurisdictions, it is certainly of greater interest to scholars from common law countries. Informationen zum Autor Rohan Hardcastle, BA LLB (Hons) (UWA) D Phil (Oxon), has been admitted as a barrister and solicitor of the Supreme Court of Western Australia and currently practises as a barrister in New South Wales. Klappentext Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue, including body parts and cell-lines, is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over their separated human tissue. The development of clear legal principles is necessary so that individuals can have effective control over human tissue separated from their bodies while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, US, Canadian, and Australian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Grou Zusammenfassung Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research.Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide. Inhaltsverzeichnis CHAPTER 1 INTRODUCTIONABiological Materials and Scientific Research1Human Tissue Collections and Genetic Databases(a)Tissue Collections(b)Genetic Databases2Biological Materials(a)Physical ManifestationsGenetic InformationBLegal Framework1Legal Status of Biological Materials2Proprietary Protection3Non-proprietary ProtectionCStructurePART ICHAPTER 2 DEAD BODYANo Property PrincipleBProperty Rights 1Work or Skill Exception2Constitutional Protection3Tort of Wrongful Interference4SummaryCNon-proprietary Interests1Right to Possession for Burial2Q...
