Being and Owning

The Body, Bodily Material, and the Law

Nonfiction, Reference & Language, Law, Jurisprudence, Religion & Spirituality, Philosophy
Cover of the book Being and Owning by Jesse Wall, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Jesse Wall ISBN: 9780191043857
Publisher: OUP Oxford Publication: June 18, 2015
Imprint: OUP Oxford Language: English
Author: Jesse Wall
ISBN: 9780191043857
Publisher: OUP Oxford
Publication: June 18, 2015
Imprint: OUP Oxford
Language: English

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 is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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 is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

More books from OUP Oxford

Cover of the book Algebra: A Very Short Introduction by Jesse Wall
Cover of the book The Dragon's Gift:The Real Story of China in Africa by Jesse Wall
Cover of the book Arbitration of International Mining Disputes by Jesse Wall
Cover of the book Measuring International Authority by Jesse Wall
Cover of the book Living with the Stars by Jesse Wall
Cover of the book Ophthalmic Anaesthesia by Jesse Wall
Cover of the book Reclaiming the System by Jesse Wall
Cover of the book The End of Epilepsy? by Jesse Wall
Cover of the book The Portrait of a Lady by Jesse Wall
Cover of the book Richard II: The Oxford Shakespeare by Jesse Wall
Cover of the book Dyslexia and other learning difficulties by Jesse Wall
Cover of the book Maximum Entropy and Ecology by Jesse Wall
Cover of the book A Dictionary of Arabic Literary Terms and Devices by Jesse Wall
Cover of the book Jeroboam's Royal Drama by Jesse Wall
Cover of the book Religion in Liberal Political Philosophy by Jesse Wall
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy