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Being and Owning
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Being and Owning: The Body, Bodily Material, and the Law

Jesse Wall

Abstract

When part of a person’s body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material ought to obtain. 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 solution lies in developing a tort that is structurally akin to the common law right to privacy that, alongside the recognition of property rights in some instances, is able to adequately protect interests that arise in bodily material. This recommendation is deve ... More

Keywords: bodily material, human tissue, gametes, embryos, organs, the body, ownership, self-ownership, property rights, right to bodily integrity, phenomenology

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198727989
Published to Oxford Scholarship Online: August 2015 DOI:10.1093/acprof:oso/9780198727989.001.0001

Authors

Affiliations are at time of print publication.

Jesse Wall, author
Lecturer, University of Otago