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Self-Ownership, Property Rights, and the Human Body

Self-Ownership, Property Rights, and the Human Body PDF Author: Muireann Quigley
Publisher: Cambridge University Press
ISBN: 1108570461
Category : Law
Languages : en
Pages : 363

Book Description
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.

Self-Ownership, Property Rights, and the Human Body

Self-Ownership, Property Rights, and the Human Body PDF Author: Muireann Quigley
Publisher: Cambridge University Press
ISBN: 1108570461
Category : Law
Languages : en
Pages : 363

Book Description
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.

Our Bodies, Whose Property?

Our Bodies, Whose Property? PDF Author: Anne Phillips
Publisher: Princeton University Press
ISBN: 0691150869
Category : Philosophy
Languages : en
Pages : 212

Book Description
An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.

Ownership of the Human Body

Ownership of the Human Body PDF Author: H.A. Ten Have
Publisher: Springer Science & Business Media
ISBN: 9780792351504
Category : Medical
Languages : en
Pages : 258

Book Description
This is the first book in healthcare ethics addressing the moral issues regarding ownership of the human body. Modern medicine increasingly transforms the body and makes use of body parts for diagnostic, therapeutic and preventive purposes. The book analyzes the concept of body ownership. It also reviews the ownership issues arising in clinical care (for example, donation policies, autopsy) and biomedical research. Societies and legal systems also have to deal with issues of body ownership. A comparison is made between specific legal arrangements in The Netherlands and France, as examples of legal approaches. In the final section of the book, different theoretical perspectives on the human body are analyzed: libertarian, personalist, deontological and utilitarian theories of body ownership.

Being and Owning

Being and Owning PDF Author: Jesse Wall
Publisher: Oxford University Press, USA
ISBN: 0198727984
Category : Law
Languages : en
Pages : 257

Book Description
Disputes over the use and storage of bodily material continue to arise but the law has no clear answer as to the legal status of bodily material. This book develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law.

The Ethics of Liberty

The Ethics of Liberty PDF Author: Murray N. Rothbard
Publisher: NYU Press
ISBN: 1479893382
Category : Political Science
Languages : en
Pages : 359

Book Description
The authoritative text on the libertarian political position In recent years, libertarian impulses have increasingly influenced national and economic debates, from welfare reform to efforts to curtail affirmative action. Murray N. Rothbard's classic The Ethics of Liberty stands as one of the most rigorous and philosophically sophisticated expositions of the libertarian political position. Rothbard’s unique argument roots the case for freedom in the concept of natural rights and applies it to a host of practical problems. And while his conclusions are radical—that a social order that strictly adheres to the rights of private property must exclude the institutionalized violence inherent in the state—Rothbard’s applications of libertarian principles prove surprisingly practical for a host of social dilemmas, solutions to which have eluded alternative traditions. The Ethics of Liberty authoritatively established the anarcho-capitalist economic system as the most viable and the only principled option for a social order based on freedom. This classic book’s radical insights are sure to inspire a new generation of readers.

The Oxford Handbook of Freedom

The Oxford Handbook of Freedom PDF Author: David Schmidtz
Publisher: Oxford University Press
ISBN: 0199989435
Category : Philosophy
Languages : en
Pages : 545

Book Description
We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt. The concept of freedom (and relatedly the notion of liberty) is ubiquitous but not everyone agrees what the term means, and the philosophical analysis of freedom that has grown over the last two decades has revealed it to be a complex notion whose meaning is dependent on the context. The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists, in order to reflect the breadth of the topic. This handbook covers both current scholarship as well as historical trends, with an overall eye to how current ideas on freedom developed. The volume is divided into six sections: conceptual frames (framing the overall debates about freedom), historical frames (freedom in key historical periods, from the ancients onward), institutional frames (freedom and the law), cultural frames (mutual expectations on our 'right' to be free), economic frames (freedom and the market), and lastly psychological frames (free will in philosophy and psychology).

Libertarianism without Inequality

Libertarianism without Inequality PDF Author: Michael Otsuka
Publisher: Clarendon Press
ISBN: 0191529508
Category : Philosophy
Languages : en
Pages : 170

Book Description
Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism is founded on a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read.

Self-Ownership, Freedom, and Equality

Self-Ownership, Freedom, and Equality PDF Author: G. A. Cohen
Publisher: Cambridge University Press
ISBN: 1107393434
Category : Political Science
Languages : en
Pages : 293

Book Description
In this book G. A. Cohen examines the libertarian principle of self-ownership, which says that each person belongs to himself and therefore owes no service or product to anyone else. This principle is used to defend capitalist inequality, which is said to reflect each person's freedom to do as he wishes with himself. The author argues that self-ownership cannot deliver the freedom it promises to secure, thereby undermining the idea that lovers of freedom should embrace capitalism and the inequality that comes with it. He goes on to show that the standard Marxist condemnation of exploitation implies an endorsement of self-ownership, since, in the Marxist conception, the employer steals from the worker what should belong to her, because she produced it. Thereby a deeply inegalitarian notion has penetrated what is in aspiration an egalitarian theory. Purging that notion from socialist thought, he argues, enables construction of a more consistent egalitarianism.

Self Ownership

Self Ownership PDF Author: Vin Armani
Publisher:
ISBN: 9781548689223
Category :
Languages : en
Pages : 144

Book Description
Who owns your body? Who owns your mind? What is the nature of "ownership" itself? The consequences of living without clear principles are severe. Discover why Self Ownership is the foundation for morality and property. It transcends religion. Its lessons are observable in nature and consistent in culture. Embracing Self Ownership provides a path to a better life and a more peaceful society. Today, fewer people than ever hold strong religious or moral beliefs. Society is beginning to reflect that fact. Instinct and emotion are replacing reason and faith. Many now look to the State to police morality. This a grave mistake because the State's only tool is violence. There is a better way to organize ourselves. Religions and ethical philosophies have sought to describe reality and deliver a prescription for a good life. Such systems also attempt to provide a road map for a civil society. Unfortunately, too many of these prescriptions place a premium on the collective fantasy of "the common good," neglecting the inherent rights of the individual. Self Ownership is the concept at the root of both morality and property. The libertarian Non-Aggression Principle ("Don't hurt people and don't take their stuff") is merely a branch stemming from this core precept. In this book - a series of thought provoking essays - Vin Armani demonstrates the purpose and power of Self Ownership.

Law and the Human Body

Law and the Human Body PDF Author: Rohan Hardcastle
Publisher: Bloomsbury Publishing
ISBN: 1847313574
Category : Law
Languages : en
Pages : 242

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.