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Regulation of body parts: understanding bodily parts as a duplex: regulation of bodily parts

Regulation of body parts: understanding bodily parts as a duplex: regulation of bodily parts
Regulation of body parts: understanding bodily parts as a duplex: regulation of bodily parts
The current law in England and Wales adopts a no-property approach to cadavers and separated bodily parts; paradoxically, it affords proprietary protection to tissue users at the expense of tissue sources. Non-proprietary frameworks hardly offer effective legal redress to tissue sources. Potentially, the law could offer tissue sources a mix of proprietary and non-proprietary remedies. Drawing from the work of the famous anthropologist, Marilyn Strathern, I argue that such a flexible and eclectic approach might be facilitated by the concept of duplex, an analytical tool that promotes divergent thinking and paradoxical conceptions of a given issue. I argue that while the no-property rule reflects a duplex on bodily parts, the duplex is narrow and ought to be conceptualised more broadly to cover the claims of tissue sources.
1744-5523
Nwabueze, Remigius
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
Nwabueze, Remigius
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b

Nwabueze, Remigius (2019) Regulation of body parts: understanding bodily parts as a duplex: regulation of bodily parts. International Journal of Law in Context. (In Press)

Record type: Article

Abstract

The current law in England and Wales adopts a no-property approach to cadavers and separated bodily parts; paradoxically, it affords proprietary protection to tissue users at the expense of tissue sources. Non-proprietary frameworks hardly offer effective legal redress to tissue sources. Potentially, the law could offer tissue sources a mix of proprietary and non-proprietary remedies. Drawing from the work of the famous anthropologist, Marilyn Strathern, I argue that such a flexible and eclectic approach might be facilitated by the concept of duplex, an analytical tool that promotes divergent thinking and paradoxical conceptions of a given issue. I argue that while the no-property rule reflects a duplex on bodily parts, the duplex is narrow and ought to be conceptualised more broadly to cover the claims of tissue sources.

Text
Regulation of Body Parts IJLC clean main document - Accepted Manuscript
Restricted to Repository staff only until 17 June 2019.
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Accepted/In Press date: 17 February 2019

Identifiers

Local EPrints ID: 428679
URI: https://eprints.soton.ac.uk/id/eprint/428679
ISSN: 1744-5523
PURE UUID: 3ebad7d3-f8eb-44b0-a144-6d3a80d6898f

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Date deposited: 06 Mar 2019 17:30
Last modified: 01 May 2019 16:30

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