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Bioequity Property And The Human Body
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Book Synopsis Bioequity – Property and the Human Body by : Nils Hoppe
Download or read book Bioequity – Property and the Human Body written by Nils Hoppe and published by Routledge. This book was released on 2016-04-15 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.
Book Synopsis Self-Ownership, Property Rights, and the Human Body by : Muireann Quigley
Download or read book Self-Ownership, Property Rights, and the Human Body written by Muireann Quigley and published by Cambridge University Press. This book was released on 2018-04-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Our Bodies, Whose Property? by : Anne Phillips
Download or read book Our Bodies, Whose Property? written by Anne Phillips and published by Princeton University Press. This book was released on 2013-07-21 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Medical Law and Ethics by : Jonathan Herring
Download or read book Medical Law and Ethics written by Jonathan Herring and published by Oxford University Press, USA. This book was released on 2020 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics - Answer guidance to one question per chapter
Book Synopsis Altruism Reconsidered by : Peter Sýkora
Download or read book Altruism Reconsidered written by Peter Sýkora and published by Routledge. This book was released on 2016-04-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the use of human body parts has become increasingly commercialized, a need has arisen for new approaches to regulation that moves beyond the paradigm of altruism. During the course of this discussion, the notion of property has become a key concept. Focusing on practical and conceptual perspectives, the multidisciplinary group of authors, which includes specialists in philosophy, law, sociology, biology and medicine, have come together with practicing lawyers to consider both legal provisions and patterns of regulation in countries across Europe. Identifying divergences between different legal traditions, the authors explore various conceptual models which could be used to improve and to guide policy making. With this twin focus on practical and conceptual perspectives, this volume sets the standard for a detailed and innovative discussion of issues surrounding the regulation of research on human tissue.
Book Synopsis Ethical Issues of Human Genetic Databases by : Bernice Elger
Download or read book Ethical Issues of Human Genetic Databases written by Bernice Elger and published by Routledge. This book was released on 2016-05-13 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the boom in population databases in recent years there has been sustained and intense international debate about political processes and legal and ethical issues surrounding the protection and use of genetic data. As a result, several national and international organizations and committees have published widely differing guidelines and statements concerning genetic databases and biobanks. Ethical Issues of Human Genetic Databases compares the new area of biobanking with the tradition of ethically accepted classical research and highlights the distinctive features of existing databases and guidelines. The volume identifies areas of consensus and controversy while investigating the challenges posed to classical health research ethics by the existence of genetic databases, analyzing the reasons for such varying guidelines. The book will be essential to academics, biobankers, policy-makers and researchers in the field of medical ethics.
Book Synopsis Issues in Human Rights Protection of Intellectually Disabled Persons by : Andreas Dimopoulos
Download or read book Issues in Human Rights Protection of Intellectually Disabled Persons written by Andreas Dimopoulos and published by Routledge. This book was released on 2016-05-06 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.
Book Synopsis Medical Self-Regulation by : Mark Davies
Download or read book Medical Self-Regulation written by Mark Davies and published by Routledge. This book was released on 2016-12-05 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-regulation constitutes an important aspect of the regulatory and oversight process governing professionals. This book focuses directly on medical self-regulation in the context of both the wider regulatory framework and that of other regulatory models. Through a critical consideration of recent events, including high-profile and controversial cases, it is demonstrated that the self-regulatory process has failed and that only fundamental restructuring and a radical change in attitudes on the part of members of the profession can repair the damage. Attention is also given to the recent changes, current proposals for change and to alternative regulatory models. Medical Self-Regulation will be of international interest, appealing to policy makers, as well as students and practitioners in the fields of medicine, medical law and sociology and professional regulation.
Book Synopsis European Law and New Health Technologies by : Mark L Flear
Download or read book European Law and New Health Technologies written by Mark L Flear and published by OUP Oxford. This book was released on 2013-03-14 with total page 2682 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health is a matter of fundamental importance in European societies, both as a human right in itself, and as a factor in a productive workforce and therefore a healthy economy. New health technologies promise improved quality of life for patients suffering from a range of diseases, and the potential for the prevention of incidence of disease in the future. At the same time, new health technologies pose significant challenges for governments, particularly in relation to ensuring the technologies are safe, effective, and provide appropriate value for (public) money. To guard against the possible dangers arising from new health technologies, and to maximize the benefits, all European governments regulate their development, marketing, and public financing. In addition, several international institutions operating at European level, in particular the European Union, the Council of Europe, and the European Patent Office, have become involved in the regulation of new health technologies. They have done so both through traditional 'command and control' legal measures, and through other regulatory mechanisms, including guidelines, soft law, 'steering' through redistribution of resources, and private or quasi-private regulation. This collection analyses European law and its relationships with new health technologies. It uses interdisciplinary insights, particularly from law but also drawing on regulation theory, and science and technology studies, to shed new light on some of the key defining features of the relationships and especially the roles of risk, rights, ethics, and markets. The collection explores the way in which European law's engagement with new health technologies is to be legitimized, and discusses the implications for biological or biomedical citizenship.
Book Synopsis Big Data, Databases and "Ownership" Rights in the Cloud by : Marcelo Corrales Compagnucci
Download or read book Big Data, Databases and "Ownership" Rights in the Cloud written by Marcelo Corrales Compagnucci and published by Springer Nature. This book was released on 2019-11-02 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of the most important developments of this new century are the emergence of cloud computing and big data. However, the uncertainties surrounding the failure of cloud service providers to clearly assert ownership rights over data and databases during cloud computing transactions and big data services have been perceived as imposing legal risks and transaction costs. This lack of clear ownership rights is also seen as slowing down the capacity of the Internet market to thrive. Click-through agreements drafted on a take-it-or-leave-it basis govern the current state of the art, and they do not allow much room for negotiation. The novel contribution of this book proffers a new contractual model advocating the extension of the negotiation capabilities of cloud customers, thus enabling an automated and machine-readable framework, orchestrated by a cloud broker. Cloud computing and big data are constantly evolving and transforming into new paradigms where cloud brokers are predicted to play a vital role as innovation intermediaries adding extra value to the entire life cycle. This evolution will alleviate the legal uncertainties in society by means of embedding legal requirements in the user interface and related computer systems or its code. This book situates the theories of law and economics and behavioral law and economics in the context of cloud computing and takes database rights and ownership rights of data as prime examples to represent the problem of collecting, outsourcing, and sharing data and databases on a global scale. It does this by highlighting the legal constraints concerning ownership rights of data and databases and proposes finding a solution outside the boundaries and limitations of the law. By allowing cloud brokers to establish themselves in the market as entities coordinating and actively engaging in the negotiation of service-level agreements (SLAs), individual customers as well as small and medium-sized enterprises could efficiently and effortlessly choose a cloud provider that best suits their needs. This approach, which the author calls “plan-like architectures,” endeavors to create a more trustworthy cloud computing environment and to yield radical new results for the development of the cloud computing and big data markets.
Book Synopsis Medical Law and Medical Ethics by : Nils Hoppe
Download or read book Medical Law and Medical Ethics written by Nils Hoppe and published by Cambridge University Press. This book was released on 2014-04-03 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conveys all the core topics emphasising the interplay between medical law and medical ethics in a unique chapter structure.
Book Synopsis Law and Legacy in Medical Jurisprudence by : Edward S. Dove
Download or read book Law and Legacy in Medical Jurisprudence written by Edward S. Dove and published by Cambridge University Press. This book was released on 2022-03-10 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Graeme Laurie stepped down from the Chair in Medical Jurisprudence at the University of Edinburgh in 2019. This edited collection pays tribute to his extraordinary contributions to the field. Graeme often spoke about the importance of 'legacy' in academic work and forged a remarkable intellectual legacy of his own, notably through his work on genetic privacy, human tissue and information governance, and the regulatory salience of the concept of liminality. The essays in this volume animate the concept of legacy to analyse the study and practice of medical jurisprudence. In this light, legacy reveals characteristics of both benefit and burden, as both an encumbrance to and facilitator of the development of law, policy and regulation. The contributions reconcile the ideas of legacy and responsiveness and show that both dimensions are critical to achieve and sustain the health of medical jurisprudence itself as a dynamic, interdisciplinary and policy-engaged field of thinking.
Book Synopsis The Jurisdiction of Medical Law by : Kenneth Veitch
Download or read book The Jurisdiction of Medical Law written by Kenneth Veitch and published by Routledge. This book was released on 2017-11-30 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical analysis of some of the guiding principles and assumptions that have been central to the development and identity of medical law. Focusing on several key cases in the field - including the 'Dianne Pretty' and 'Conjoined Twins' cases - the book scrutinizes the notions of autonomy and human rights, and explores the relationship between medical law and moral conflict. It also asks what role, if any, the courts might play in stimulating public debate about the ethics of controversial developments in medicine and biomedical science. This innovative book will be of interest to academics and students working in the areas of medical law, legal theory, bioethics and medical ethics. It will also appeal to those within the medical and health care professions seeking a critical analysis of the development and operation of medical law.
Book Synopsis Investigating English Legal Genres in Academic and Professional Contexts by : Girolamo Tessuto
Download or read book Investigating English Legal Genres in Academic and Professional Contexts written by Girolamo Tessuto and published by Cambridge Scholars Publishing. This book was released on 2013-01-11 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contributes to the latest studies in legal discourse studies by presenting a descriptive and interpretive analysis of English legal genres used in academic and professional writing contexts. The results of corpora-driven data are discussed through (meta)discourse, genre and other theoretical perspectives, and offer insights into the ways the writers' discursive practices and meanings shape their membership of the legal community and discipline. The volume attempts to show these id ...
Download or read book Bioequity written by Nils Hoppe and published by . This book was released on 2009 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis GDPR and Biobanking by : Jane Reichel
Download or read book GDPR and Biobanking written by Jane Reichel and published by Springer Nature. This book was released on 2021 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I Setting the scene -- Introduction: Individual rights, the public interest and biobank research 4000 (8) -- Genetic data and privacy protection -- Part II GDPR and European responses -- Biobank governance and the impact of the GDPR on the regulation of biobank research -- Controller' and processor's responsibilities in biobank research under GDPR -- Individual rights in biobank research under GDPR -- Safeguards and derogations relating to processing for archiving purposes in the scientific purposes: Article 89 analysis for biobank research -- A Pan-European analysis of Article 89 implementation and national biobank research regulations -- EEA, Switzerland analysis of GDPR requirements and national biobank research regulations -- Part III National insights in biobank regulatory frameworks -- Selected 10-15 countries for reports: Germany -- Greece -- France -- Finland -- Sweden -- United Kingdom -- Part IV Conclusions -- Reflections on individual rights, the public interest and biobank research, ramifications and ways forward. .
Book Synopsis Me Medicine vs. We Medicine by : Donna Dickenson
Download or read book Me Medicine vs. We Medicine written by Donna Dickenson and published by Columbia University Press. This book was released on 2013-05-28 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technologies such as direct-to-consumer genetic testing, pharmacogenetically developed therapies in cancer care, private umbilical cord blood banking, and neurocognitive enhancement claim to cater to an individual's specific biological character, and, in some cases, these technologies have shown powerful potential. Yet in others they have produced negligible or even negative results. Donna Dickenson examines the economic and political factors fueling the Me Medicine phenomenon and explores how, over time, this paradigm shift in how we approach our health might damage our individual and collective well-being. Drawing on the latest findings from leading scientists, social scientists, and political analysts, she critically examines four possible hypotheses driving the Me Medicine moment: a growing sense of threat; a wave of patient narcissism; corporate interests driving new niche markets; and the dominance of personal choice as a cultural value. She concludes with insights from political theory that emphasize a conception of the commons and the steps we can take to restore its value to modern biotechnology.