By Nils Hoppe
Fresh scandals related to using human physique components have highlighted the necessity for felony explanation surrounding estate legislations and using human tissue. This e-book advances the thought that the felony foundation for facing this is often already on hand within the legislation yet has to date neither been used nor mentioned. providing an alternate method of developing entitlements in human tissue and resolving ensuing estate conflicts, a brand new technique is usually complicated for abstracting diverse options in the debate which permits comparability and contrast among diversified instances of entitlement and retention.
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Extra resources for Bioequity - Property and the Human Body (Medical Law and Ethics)
52 Liddell and Hall illustrate the usefulness of human tissue by providing some interesting numbers: there are approximately 345 public sector tissue collections for transplantation purposes and five tissue banks for research in the UK. 53 Therapy, diagnosis and research are all very different types of motivation for taking tissue samples from individual patients or research participants. The question therefore arises whether, when we speak of the use of human tissue, we need to distinguish between the actual use of the tissue and the motivation for the use of the tissue, or whether we just contemplate use as such, without addressing these questions.
Even the most complete consent, by the most competent person, will not suffice to legalise an assault which there are public grounds for prohibiting’, cited in Dworkin and Kennedy 1993, at pp. 291-292. 13 Though the Human Tissue Act 2004 contains provisions of an appropriate consent given ex ante, numerous questions remain in relation to the proprietary disposability of the body of a deceased person. See Sperling, D. 2008. Posthumous Interests: Legal and Ethical Perspectives. Cambridge: Cambridge University Press.
66 Redfern 2001, at p. 445. Bioequity – Property and the Human Body 30 Commercialization Further, it is quite clear that any market for human tissue would be a seller’s market. The demand outstrips supply many times over. 68 Not only therapeutic tissue types are difficult to obtain: a growing concern in terms of acquiring sufficient tissue for research leads to a pragmatic approach to costs and the economics of tissue used for research. 69 Curcio writes on the shortage of available eye tissue for research.
Bioequity - Property and the Human Body (Medical Law and Ethics) by Nils Hoppe