Persons, Parts and Property
How Should we Regulate Human Tissue in the 21st Century?

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Language: English
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The debate over whether human bodies and their parts should be governed by the lawsof property has accelerated with the pace of technological change. Having long held thata corpse could not be property, the common law first recognised that there could be aproperty interest in human tissue in some circumstances in the early 1900s, but it wasnot until a string of judicial decisions and statutory regulation in the 1990s and early2000s that the place of this ‘exception’ was cemented. The 2009 decision of the Court ofAppeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a newdimension to the debate by supporting a move towards a broader, more principledbasis for finding (or rejecting) property rights in human tissue. However, the law relatingto property rights in human bodies and their parts remains highly contested. Thecontributions in this volume represent a collation of the broad spectrum of analyses onoffer, and provide a detailed exploration of the salient legal and theoretical puzzlesarising out of the body-as-property question.
Medical law scholars
Imogen Goold is an Associate Professor in Law at the University of Oxford and a Fellow of St Anne's College.

Kate Greasley is a Junior Research Fellow in Law at University College, Oxford.

Jonathan Herring is a Professor in Law at the University of Oxford and a Fellow of Exeter College.

Loane Skene is a Professor in Law at the Melbourne Law School and an Adjunct Professor in the Faculty of Medicine, Dentistry and Health Sciences at the University of Melbourne.