Literature DB >> 11183442

Waste, ownership and bodily products.

J McHale1.   

Abstract

This paper considers the extent to which bodily parts and products can be legitimately regarded as "waste" in law and what are the legal consequences of regarding them in this manner. First, what is the approach of English law to bodily parts as property? Secondly, why is this an important legal issue? Thirdly, what do we mean when we say that something is "waste" and can bodily products/parts be classified as "waste"? Fourthly, if the English courts are prepared to recognise bodily parts and products as property, then what are the legal consequences of regarding bodily products as "waste" and what problems may arise from such a legal conceptualization? It is argued that these issues require a more measured considered approach to regulation than simply leaving them to ad hoc determination in the courts.

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Year:  2000        PMID: 11183442     DOI: 10.1023/A:1009494327013

Source DB:  PubMed          Journal:  Health Care Anal        ISSN: 1065-3058


  7 in total

1.  The control of living body materials.

Authors:  Bernard M Dickens
Journal:  Univ Tor Law J       Date:  1977

2.  Whose body? People as property.

Authors:  Paul Matthews
Journal:  Curr Leg Probl       Date:  1983

3.  'I, me, mine': bodies, parts, and property.

Authors:  Andrew Grubb
Journal:  Med Law Int       Date:  1998

4.  The man of property.

Authors:  Paul Matthews
Journal:  Med Law Rev       Date:  1995       Impact factor: 1.267

5.  Human tissue: rights in the body and its parts.

Authors:  Gerald Dworkin; Ian Kennedy
Journal:  Med Law Rev       Date:  1993       Impact factor: 1.267

6.  Bailment and donation of parts of the human body.

Authors:  Diana Brahams
Journal:  New Law J       Date:  1989-06-09

7.  My body, my property.

Authors:  L B Andrews
Journal:  Hastings Cent Rep       Date:  1986-10       Impact factor: 2.683

  7 in total

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