Persons, Parts and Property (Paperback)

Dr Imogen Goold

ISBN 10: 1509909893 / ISBN 13: 9781509909896

Published by Bloomsbury Publishing PLC, Oxford, 2016

About this Item

Paperback. The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this exception was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question. The contributions in this volume represent a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question, and a collation of the broad spectrum of analyses on offer. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability.

Seller Inventory # 9781509909896

Bibliographic Details

• Title: Persons, Parts and Property (Paperback)
• Publisher: Bloomsbury Publishing PLC, Oxford
• Publication Date: 2016
• Language: English
• ISBN 10: 1509909893
• ISBN 13: 9781509909896
• Binding: Paperback
• Condition: new

About this title

Synopsis

The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.

About the Authors

Imogen Goold is an Associate Professor of Law at the University of Oxford, and a Fellow of St Anne's College, Oxford, UK.

Jonathan Herring is Professor of Law at the University of Oxford and Fellow in Law at Exeter College, Oxford, UK.