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.
515-535
Nwabueze, Remigius
6b2cdf07-8ee1-4d6f-9882-e3ea41e2aa0b
December 2019
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, 15 (4), .
(doi:10.1017/S1744552319000314).
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
More information
Accepted/In Press date: 17 February 2019
e-pub ahead of print date: 4 July 2019
Published date: December 2019
Identifiers
Local EPrints ID: 428679
URI: http://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: 16 Mar 2024 07:39
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