Self Ownership Property Rights And The Human Body

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Self-Ownership, Property Rights, and the Human Body

Author : Muireann Quigley
Publisher : Cambridge University Press
ISBN 13 : 1108570461
Total Pages : 363 pages
Book Rating : 4.1/5 (85 download)

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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.

Ownership of the Human Body

Author : H.A. Ten Have
Publisher : Springer Science & Business Media
ISBN 13 : 9780792351504
Total Pages : 258 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Ownership of the Human Body by : H.A. Ten Have

Download or read book Ownership of the Human Body written by H.A. Ten Have and published by Springer Science & Business Media. This book was released on 1998-07-31 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Our Bodies, Whose Property?

Author : Anne Phillips
Publisher : Princeton University Press
ISBN 13 : 0691150869
Total Pages : 212 pages
Book Rating : 4.6/5 (911 download)

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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 212 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.

Being and Owning

Author : Jesse Wall
Publisher : Oxford University Press, USA
ISBN 13 : 0198727984
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Being and Owning by : Jesse Wall

Download or read book Being and Owning written by Jesse Wall and published by Oxford University Press, USA. This book was released on 2015 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Murray N. Rothbard
Publisher : NYU Press
ISBN 13 : 1479893382
Total Pages : 359 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Ethics of Liberty by : Murray N. Rothbard

Download or read book The Ethics of Liberty written by Murray N. Rothbard and published by NYU Press. This book was released on 2015-07-04 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : David Schmidtz
Publisher : Oxford University Press
ISBN 13 : 0199989435
Total Pages : 545 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of Freedom by : David Schmidtz

Download or read book The Oxford Handbook of Freedom written by David Schmidtz and published by Oxford University Press. This book was released on 2018-02-01 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Law and the Human Body

Author : Rohan Hardcastle
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313574
Total Pages : 242 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Law and the Human Body by : Rohan Hardcastle

Download or read book Law and the Human Body written by Rohan Hardcastle and published by Bloomsbury Publishing. This book was released on 2007-09-18 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Self-Ownership, Freedom, and Equality

Author : G. A. Cohen
Publisher : Cambridge University Press
ISBN 13 : 1107393434
Total Pages : 293 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Self-Ownership, Freedom, and Equality by : G. A. Cohen

Download or read book Self-Ownership, Freedom, and Equality written by G. A. Cohen and published by Cambridge University Press. This book was released on 1995-10-26 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Vin Armani
Publisher :
ISBN 13 : 9781548689223
Total Pages : 144 pages
Book Rating : 4.6/5 (892 download)

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Book Synopsis Self Ownership by : Vin Armani

Download or read book Self Ownership written by Vin Armani and published by . This book was released on 2017-07-22 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Myth of Property

Author : John Christman
Publisher : Oxford University Press
ISBN 13 : 0195358880
Total Pages : 232 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Myth of Property by : John Christman

Download or read book The Myth of Property written by John Christman and published by Oxford University Press. This book was released on 1994-07-14 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Myth of Property is the first book-length study to focus directly on the variable and complex structure of ownership. It critically analyzes what it means to own something, and it takes familiar debates about distributive justice and recasts them into discussions of the structure of ownership. The traditional notion of private property assumed by both defenders and opponents of that system is criticized and exposed as a "myth." The book then puts forward a new theory of what it means to own something, one that will be important for any theory of distributive justice. This new approach more adequately reveals the disparate social and individual values that property ownership serves to promote. The study has importance for understanding the reform of capitalist and welfare state systems, as well as the institution of market economies in former socialist states, for the view developed here makes the traditional dichotomy between private ownership capitalism and public ownership socialism obsolete. This new approach to ownership also places egalitarian principles of distributive justice in a new light and challenges critics to clarify aspects of property ownership worth protecting against calls for greater equality. The book closes by showing how defenders of egalitarianism can make use of some of the ideas and values that traditionally made private property appear to be such a pervasive human institution.

The Turning Point in Private Law

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : 262 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Turning Point in Private Law by : Ugo Mattei

Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

The Oxford Handbook of Comparative Health Law

Author : David Orentlicher
Publisher : Oxford University Press
ISBN 13 : 0190846771
Total Pages : 1135 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Oxford Handbook of Comparative Health Law by : David Orentlicher

Download or read book The Oxford Handbook of Comparative Health Law written by David Orentlicher and published by Oxford University Press. This book was released on 2021-08-26 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.

Intellectual Property is Common Property

Author : Andreas Von Gunten
Publisher : buch & netz
ISBN 13 : 3038051985
Total Pages : 111 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Intellectual Property is Common Property by : Andreas Von Gunten

Download or read book Intellectual Property is Common Property written by Andreas Von Gunten and published by buch & netz. This book was released on 2015-12-04 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. Andreas Von Gunten shows in this essay that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

A Theory of Property

Author : Stephen R. Munzer
Publisher : Cambridge University Press
ISBN 13 : 1316583473
Total Pages : 504 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis A Theory of Property by : Stephen R. Munzer

Download or read book A Theory of Property written by Stephen R. Munzer and published by Cambridge University Press. This book was released on 1990-01-26 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.

The Cambridge Handbook of New Human Rights

Author : Andreas von Arnauld
Publisher : Cambridge University Press
ISBN 13 : 1108751172
Total Pages : 939 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Cambridge Handbook of New Human Rights by : Andreas von Arnauld

Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Society Of The Spectacle

Author : Guy Debord
Publisher : Bread and Circuses Publishing
ISBN 13 : 1617508306
Total Pages : 154 pages
Book Rating : 4.6/5 (175 download)

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Book Synopsis Society Of The Spectacle by : Guy Debord

Download or read book Society Of The Spectacle written by Guy Debord and published by Bread and Circuses Publishing. This book was released on 2012-10-01 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Das Kapital of the 20th century,Society of the Spectacle is an essential text, and the main theoretical work of the Situationists. Few works of political and cultural theory have been as enduringly provocative. From its publication amid the social upheavals of the 1960's, in particular the May 1968 uprisings in France, up to the present day, with global capitalism seemingly staggering around in it’s Zombie end-phase, the volatile theses of this book have decisively transformed debates on the shape of modernity, capitalism, and everyday life in the late 20th century. This ‘Red and Black’ translation from 1977 is Introduced by Notting Hill armchair insurrectionary Tom Vague with a galloping time line and pop-situ verve, and given a more analytical over view by young upstart thinker Sam Cooper.