The Human Body and the Law PDF Download

Author: David W. Meyers
Publisher: Transaction Publishers
ISBN: 0202366588
Category :
Languages : en
Pages : 218

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Author: Muireann Quigley
Publisher: Cambridge University Press
ISBN: 1108570461
Category : Law
Languages : en
Pages : 363

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How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.

Author: Jane Marie Law
Publisher: Indiana University Press
ISBN: 9780253115447
Category : Religion
Languages : en
Pages : 344

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"It provides imaginative and thought-provoking... coverage of the ways in which religious thought and practice construct understandings of the human body." -- Journal of Asian Studies "Drawing on a remarkably diverse set of studies discussing the major Western religious traditions (including Islam) and East and South Asian traditions, the book challenges easy theorization of 'the body in religion.'... an excellent source book for college-level comparative religion courses... " -- Bruce Mannheim, University of Michigan "... an important study that... should be of considerable interest to the general student of the history and phenomenology of religions." -- Muslim World Book Review The first cross-cultural and interdisciplinary survey on the relationship between religious practice and ideology and the human body.

Author: Alan Hyde
Publisher: Princeton University Press
ISBN: 1400822319
Category : Law
Languages : en
Pages : 291

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The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.

Author: O. Carter Snead
Publisher: Harvard University Press
ISBN: 0674987721
Category : Law
Languages : en
Pages : 337

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A Wall Street Journal Top Ten Book of the Year A First Things Books for Christmas Selection Winner of the Expanded Reason Award “This important work of moral philosophy argues that we are, first and foremost, embodied beings, and that public policy must recognize the limits and gifts that this entails.” —Wall Street Journal The natural limits of the human body make us vulnerable and dependent on others. Yet law and policy concerning biomedical research and the practice of medicine frequently disregard these stubborn facts. What It Means to Be Human makes the case for a new paradigm, one that better reflects the gifts and challenges of being human. O. Carter Snead proposes a framework for public bioethics rooted in a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. He addresses three complex public matters: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-liberal and secular-religious, Snead recasts debates within his framework of embodiment and dependence. He concludes that if the law is built on premises that reflect our lived experience, it will provide support for the vulnerable. “This remarkable and insightful account of contemporary public bioethics and its individualist assumptions is indispensable reading for anyone with bioethical concerns.” —Alasdair MacIntyre, author of After Virtue “A brilliantly insightful book about how American law has enshrined individual autonomy as the highest moral good...Highly thought-provoking.” —Francis Fukuyama, author of Identity

Author: Anita Bernstein
Publisher: Cambridge University Press
ISBN: 1107177812
Category : Law
Languages : en
Pages : 275

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Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Author: Rohan Hardcastle
Publisher: Hart Publishing
ISBN: 9781841139777
Category : Law
Languages : en
Pages : 0

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Book Description
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.

Author: E. Richard Gold
Publisher: Georgetown University Press
ISBN: 9780878406616
Category : Law
Languages : en
Pages : 242

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Book Description
In Body Parts, E. Richard Gold examines whether the body and materials derived from it--such as human organs and DNA--should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.

Author: David W. Meyers
Publisher: Stanford University Press
ISBN: 9780804718851
Category : Law
Languages : en
Pages : 394

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An account of many aspects of medical practice and the law. Dealing with such controversial areas as genetic engineering, fetal rights, transplantation, euthanasia, artificial reproduction, and medical examination, Meyers gives a breakdown of current debates and legal decisions in England, Scotland and the US. First published in 1970. Annotation copyrighted by Book News, Inc., Portland, OR

Author: Robert Greene
Publisher: Robert Greene
ISBN:
Category : Self-Help
Languages : en
Pages : 73

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SUMMARY: This book is If you’ve ever wondered about human behavior, wonder no more. In The Laws of Human Nature, Greene takes a look at 18 laws that reveal who we are and why we do the things we do. Humans are complex beings, but Greene uses these laws to strip human nature down to its bare bones. Every law that he presents is supported by a real-life historical account, with an insightful twist to drive the point home. As you read the book, don’t be surprised if you get the feeling that everyone you know, including yourself, is described in the book! DISCLAIMER: This is an UNOFFICIAL summary and not the original book. It is designed to record all the key points of the original book.