Law and the Human Body: Property Rights, Ownership and Control

Author:   Rohan Hardcastle (Supreme Court of Western Australia)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781841139777


Pages:   242
Publication Date:   28 April 2009
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Law and the Human Body: Property Rights, Ownership and Control


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Author:   Rohan Hardcastle (Supreme Court of Western Australia)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 1.20cm , Length: 23.40cm
Weight:   0.362kg
ISBN:  

9781841139777


ISBN 10:   1841139777
Pages:   242
Publication Date:   28 April 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

CHAPTER 1 INTRODUCTION ABiological Materials and Scientific Research 1Human Tissue Collections and Genetic Databases (a)Tissue Collections (b)Genetic Databases 2Biological Materials (a)Physical Manifestations Genetic Information BLegal Framework 1Legal Status of Biological Materials 2Proprietary Protection 3Non-proprietary Protection CStructure PART I CHAPTER 2 DEAD BODY ANo Property Principle BProperty Rights 1Work or Skill Exception 2Constitutional Protection 3Tort of Wrongful Interference 4Summary CNon-proprietary Interests 1Right to Possession for Burial 2Quasi-property Rights 3Statutory Rights to Possession 4Protection under Tort Law 5Solatium for Affront 6Respect for Private and Family Life 7Summary DConclusion CHAPTER 3 LIVING BODY ASlavery BRejection of Individual Property Rights 1Moore v Regents of the University of California 2Greenberg v Miami Children's Hospital 3Washington University v Catalona 4Summary CProperty Rights 1Biological Materials (a)Statute (b)Common Law (c)Summary 2Cell-lines 3Gametes (a)Statute (b)Common Law 4Hair Clippings 5Waste Products 6Summary DNon-proprietary Interests 1Statute 2Common Law 3Summary EConclusion CHAPTER 4 HUMAN TISSUE ACT 2004 AHuman Tissue Act 2004 1Consent Requirements 2Exceptions to Consent Requirements 3Prohibition on Commercial Dealing (a)Original Clause 29 (b)Section 32 4Non-consensual DNA Analysis Offence 5Summary BConclusion PART II CHAPTER 5 PROPERTY RIGHTS AQuestion BTransformation of Biological Materials CCreation of Property Rights 1Work or Skill Exception 2First Possession 3Specification Doctrine (a)Background (b)Elements (c)Application to Work or Skill Exception (d)General Principle DConclusion CHAPTER 6 CREATION AND ALLOCATION OF PROPERTY RIGHTS AProperty Principles 1Detachment 2Detachment plus Intention (a)Judicial Support (b)Intention (c)Difficulties 3Summary BApplication 1Original Biological Materials (a)Transfer (b)Abandonment (c)Remedies (d)Summary 2Additional Biological Materials (a)Medical and Scientific Research (b)Intellectual Property (c)Specification and Accession (d)Application (e)Summary CConclusion CHAPTER 7 NON-PROPRIETARY INTERESTS AProtected Interests BEnglish Law 1Autonomy (a)Underlying Value (b)Wrongs 2Emotional Distress (a)Definition (b)Wrongs 3Summary CDeveloping Liability 1Protected Interests 2Conduct 3Elements DConclusion CHAPTER 8 CONCLUSION

Reviews

Wherever one's sympathies or allegiances may lie along this spectrum, Hardcastle's book is a welcome and stimulating addition to the debate. It is the first text to present so detailed and comprehensive a black-letter legal analysis on point. Thought-provoking, unflinching, thoroughly researched in its descriptive content and well worth reading, it will appeal to academics across a range of disciplines, legal practitioners, policy-makers, lawmakers, biomedical researchers and biobanking professionals alike, both in the UK and internationally...One can also applaud the very welcome and timely addition of this significant, stimulating, refreshingly frank and often provocative new work to the growing canon of literature in this dynamic and important area.Susan M. C. GibbonsMedical Law Review2008...a welcome addition to the literature of law and medicine. It summarises the existing state of the law comprehensively and provides informed insights into the way the law can legitimately employ property rights to govern an increasingly complicated area. The author is to be commended for a well-written, accessible book that is useful to both the legal and medical communities.Ben KremerBar News (The Journal of the NSW Bar Association)Summer 2008Law and the Human Body has the potential to become, to law and the ownership of bodily materials, what John Seymour's 'Childbirth and the Law' is to law and pregnancy and Graeme Laurie's 'Genetic Privacy' is to genetics and the law: namely, a clear, comprehensive and modern treatment of a central legal and bioethical debate which no student or teacher of the law in that area can do withoutan extremely useful volume which will be equally valuable to honours and postgraduate students and their teachers, and to researchers whose primary expertise is in another field but who find themselves in need of a reliable and readable guide to these issuesa vital edition to reading lists for classes in property law, bioethics, and possibly other classes besides, and a book of which all those involved in teaching or writing about this area of law should be aware.Mary FordThe Edinburgh Law ReviewVol 12, 2008The book provides a very informative analysis of the law in the countries examined.J.K.M. GeversEuropean Journal of Health LawVol 15 (2008)This is a well written, largely black letter, book which engages in close and careful legal analysis and proffers a skilfully crafted argument. It is a readable and compelling thesis which deserves a wide audience within both the academic and practitioner global legal communities.Professor David PriceMedical Law InternationalVol. 9 (2008)...this book provides a powerful indictment of the current law on bodies. The first part of this book lays bare the lack of legal principle and analysis that underlies the law, even in the recent Human Tissue Act 2004. This is done in a scholarly and effective way. I have no doubt that Hardcastle's proposals for reform would produce a more intellectually satisfying state for the law to be in.Jonathan HerringLegal StudiesVol 28, No. 3This 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.Renate GertzSCRIPTed6:2, 2009


'...a welcome and stimulating addition to the debate... Thought-provoking, unflinching, thoroughly researched in its descriptive content and well worth reading, it will appeal to academics across a range of disciplines, legal practitioners, policy-makers, lawmakers, biomedical researchers and biobanking professionals alike, both in the UK and internationally.' Susan M. C. Gibbons, Medical Law Review '...a welcome addition to the literature of law and medicine... The author is to be commended for a well-written, accessible book that is useful to both the legal and medical communities.' Ben Kremer, Bar News (The Journal of the NSW Bar Association) '...a clear, comprehensive and modern treatment of a central legal and bioethical debate which no student or teacher of the law in that area can do without...an extremely useful volume which will be equally valuable to honours and postgraduate students and their teachers, and to researchers whose primary expertise is in another field but who find themselves in need of a reliable and readable guide to these issues.' Mary Ford, The Edinburgh Law Review '...a well written, largely black letter, book which engages in close and careful legal analysis and proffers a skilfully crafted argument. It is a readable and compelling thesis which deserves a wide audience within both the academic and practitioner global legal communities.' David Price, Medical Law International


Author Information

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.

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