Persons, Parts and Property by Goold, Imogen -- Read -- Imperial Library of Trantor

Index

Cover Half-title Title Copyright Acknowledgements Contents Editors and Contributors Table of Cases Table of Statutes 1 Introduction

Why Property? Themes Perspectives

2 Impressions on the Body, Property and Research

Introduction Historical Context Property in Human Tissue Ethical and Legal Governance of Research Involving Human Tissue Do We Need Property?

3 The Problems of Biobanking and the Law of Gifts

Introduction Biobanks and Biobank Networks The Law of Gifts Applying Gifts Law to Biobanking Conclusion

4 Unintended Side Effects of the National Health Service

Introduction Duty of Care, Assumption of Responsibility and Actionable Damage Remedies Conclusion

5 Public Umbilical Cord Blood Banking and Charitable Trusts

6. Property Rights in the Human Body: Commodification and Objectification

Introduction Commodification and Objectification The Human Body as Legal Property Conclusion

7. Property Rights in Human Biological Material

Introduction Defining Terms Property Rights and the Body The Argument for Property Rights The Problem of Use Conclusion

8. The Boundaries of Property Law

Introduction Beyond Ownership and Beyond Things Property Rights are Exclusionary Rights Property Rights are Contingent Rights The Boundaries of Property Law Conclusion

9. Abandonment and Human Tissue

Introduction The Doctrine of Abandonment at Common Law Abandonment in the Body-as-Property Debate Abandonment is a Property Concept The Operation of Abandonment in a ‘Tissue as Property’ Model Conclusion

10. Cadavers, Body Parts and the Remedial Problem

Introduction Architecture of Current Remedies Conclusion

11. Alternatives to a Corporate Commons: Biobanking, Genetics and Property in the Body

Introduction The Corporate Commons: A Case Example The Public Commons Revived Conclusion

Introduction The Importance of Legal Categories Tissue and Embryos in the Courts The Meaning of Property Conclusion

13. Why We Need a Statute Regime to Regulate Bodily Material

Introduction Individualised Values Parts of Bodies and Circumstances Applications Summarising the Benefits of a Statute Objections to a Statutory Model Conclusion

14. Human Biomaterials: The Case for a Property Approach

Introduction Human Biomaterials: On Uses, Value and Property Property or Not Property? Challenging Cases and Creative Judicial Reasoning Regulating Human Biomaterials Concluding Remarks

15. Raising Issues With a Property Law Approach

Introduction The Perceived Advantages of a Property Law Approac Different Types of Property Rights Questions in a Property Law Approach Options for a ‘Re-analysis’ of the Law Conclusion

16. Conclusion

The Property versus Non-property Debate Questions For All Models Conclusion

Index