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Body parts in property theory: an integrated framework

Body parts in property theory: an integrated framework
Body parts in property theory: an integrated framework
The role of property theory as a framework for analysis and regulation of body parts has become a debate of topical importance because of the emergence of biomedical technologies that utilise body parts, and also because the application of the concept of property, even with respect to historically and traditionally accepted forms of property, raises serious challenges to the property analyst. However, there is another reason for the topicality of property in relation to body parts: a proprietary approach confers on a claimant the advantage of continuing control that is tellingly lacking in non-property frameworks underpinned, for instance, by consent, negligence, privacy and unjust enrichment rules. In some circumstances, such as an unauthorised blood test performed on a blood sample obtained with consent, the continuing control provided by property law might be the only chance a claimant has to obtain a remedy. Economy of space, however, requires that only a prolegomenon on body parts and property theory is given below. Thus, the analysis begins by providing in outline a framework for comprehensive analysis of body parts within the realm of property theory; thereafter, the author engages with the normative question of whether body parts or rights exercisable over body parts could be admitted into the category of property.
1473-4257
[6pp]
Nwabueze, Remigius Nnamdi
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
Nwabueze, Remigius Nnamdi
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b

Nwabueze, Remigius Nnamdi (2013) Body parts in property theory: an integrated framework. Journal of Medical Ethics, [6pp]. (doi:10.1136/medethics-2012-100815).

Record type: Article

Abstract

The role of property theory as a framework for analysis and regulation of body parts has become a debate of topical importance because of the emergence of biomedical technologies that utilise body parts, and also because the application of the concept of property, even with respect to historically and traditionally accepted forms of property, raises serious challenges to the property analyst. However, there is another reason for the topicality of property in relation to body parts: a proprietary approach confers on a claimant the advantage of continuing control that is tellingly lacking in non-property frameworks underpinned, for instance, by consent, negligence, privacy and unjust enrichment rules. In some circumstances, such as an unauthorised blood test performed on a blood sample obtained with consent, the continuing control provided by property law might be the only chance a claimant has to obtain a remedy. Economy of space, however, requires that only a prolegomenon on body parts and property theory is given below. Thus, the analysis begins by providing in outline a framework for comprehensive analysis of body parts within the realm of property theory; thereafter, the author engages with the normative question of whether body parts or rights exercisable over body parts could be admitted into the category of property.

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More information

e-pub ahead of print date: 2013
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 347595
URI: http://eprints.soton.ac.uk/id/eprint/347595
ISSN: 1473-4257
PURE UUID: 4153fd3d-b24a-47f4-ad86-471eb8c11d2a
ORCID for Remigius Nnamdi Nwabueze: ORCID iD orcid.org/0000-0002-3100-6427

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Date deposited: 04 Feb 2013 16:32
Last modified: 15 Mar 2024 03:25

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