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.
|Country of origin:
Rohan J. Hardcastle
• Linda Pearson
||Electronic book text - Windows
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