BIOTECHNOLOGY AND THE CHALLENGE OF PROPERTY PROPERTY RIGHTS IN DEAD BODIES BODY PARTS AND GENETIC INFORMATION MEDICAL LAW AND ETHICS

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Biotechnology And The Challenge Of Property

Author : Remigius N. Nwabueze
ISBN : 9781317174134
Genre : Law
File Size : 24.45 MB
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Biotechnology and the Challenge of Property addresses the question of how the advancement of property law is capable of controlling the interests generated by the engineering of human tissues. Through a comparative consideration of non-Western societies and industrialized cultures, this book addresses the impact of modern biotechnology, and its legal accommodation on the customary conduct and traditional beliefs which shape the lives of different communities. Nwabueze provides an introduction to the legal regulation of the evolving uses of human tissues, and its implications for traditional knowledge, beliefs and cultures.
Category: Law

Self Ownership Property Rights And The Human Body

Author : Muireann Quigley
ISBN : 9781107036864
Genre : Law
File Size : 67.6 MB
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How should the law deal with the challenges of advancing biotechnology? This book is a philosophical and legal re-analysis.
Category: Law

The Law And The Dead

Author : Heather Conway
ISBN : 9781317964346
Genre : Law
File Size : 90.50 MB
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The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased’s remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.
Category: Law

The Ethical And Legal Regulation Of Human Tissue And Biobank Research In Europe

Author : Katharina Beier
ISBN : 9783863950316
Genre : Biobanks
File Size : 44.11 MB
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Human tissue and biobank research is of increasing importance for understanding the causes of widespread diseases and developing effective therapies. However, while the success of biobank research depends on the availability of a large number of samples and the consolidation of collections across country borders is very desirable from the perspective of researchers, the legal and ethical requirements for the procurement, storage and use of human tissue samples are rather heterogeneous across different countries. Moreover, the lack of comprehensive supranational regulation on human tissue and biobanking can be seen as posing a serious threat to transnational biomedical research. Against this background, it was one of the aims of the EU-funded Tiss. EU project ("Evaluation of Legislation and Related Guidelines on the Procurement, Storage and Transfer of Human Tissues and Cells in the European Union - an Evidence-Based Impact Analysis") to analyse the ethical and legal regulation of human tissue and biobank research across the 27 European Member States plus Switzerland. The results of nine international workshops and three conferences are gathered in this volume. While the country reports evaluate the implementation of ethical and legal guidelines at a national level, point out their strengths and deficits, and, where required, create an evidence base for the revision of said legislation, the conference reports address more general ethical and legal issues in this field. The volume is completed by a final presentation of project's results.
Category: Biobanks

Bioequity Property And The Human Body

Author : Nils Hoppe
ISBN : 9781317174257
Genre : Law
File Size : 39.37 MB
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Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.
Category: Law

Ownership Of Human Tissues And Cells

Author : Office of Technology Assessment United S
ISBN : 0894991787
Genre : Science
File Size : 90.42 MB
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In this special report, the Office of Technology Assessment of the United States Congress analyzes the economic, legal and ethical rights of the human sources of tissues and cells and also those of the physicians or researchers who obtain and develop these biological materials. The study describes the potential of these rapidly moving technologies (tissue and cell culture, cell fusion to produce monoclonal antibodies, and recombinant DNA) for manipulating human tissues and cells to yield commercially valuable products. The report includes a range of options for congressional action related to commercialization of human biological materials, regulation of research with human subjects, and disclosure of physicians commercial interest in patient treatment.
Category: Science

Legal And Ethical Regulation Of Biomedical Research In Developing Countries

Author : Dr Remigius N Nwabueze
ISBN : 9781409466123
Genre : Law
File Size : 38.59 MB
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There has been a rapid increase in the pace and scope of international collaborative research in developing countries in recent years. This study argues that whilst ethical regulation of biomedical research in Africa and other developing countries has attracted global attention, legal liability issues, such as the application of common law rules and the development of legally enforceable regulations, have been neglected. It examines some of the major research scandals in Africa and suggests a new ethical framework against which clinical trials could be conducted. The development of research guidelines in Uganda, Tanzania, Malawi and Nigeria are also examined as well as the role of ethics committees. Providing a detailed analysis of the law of negligence and its application to research ethics committees and their members, common law and constitutional forms of action and potential negligence claims, the book concludes by suggesting new protocols and frameworks, improved regulation and litigation. This book will be a valuable guide for students, researchers, and policy-makers with an interest in medical law and ethics, bioethics, customary law in Africa and regulation in developing countries.
Category: Law

Human Fertilisation And Embryology

Author : Kirsty Horsey
ISBN : 184472090X
Genre : Law
File Size : 29.72 MB
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Relevant to students, academics and practitioners across the globe, this original volume highlights contemporary issues associated with assisted reproduction and embryology and critically analyzes the law surrounding human reproduction in the light of case law and technological developments since the Human Fertilisation and Embryology Act (HFE Act) Act was passed in 1990. Tackling issues from an interdisciplinary perspective, the authors identify and evaluate areas that have provoked intense public and academic debate as well as those where further or renewed regulation is needed. Focusing primarily on the legal and ethical issues involved in regulating this area in the UK, which is at the forefront of developing legislation in this area, this book has international relevance as many countries have used the UK as a model for their own legislation. This text is suitable for a broad range of readers, including legal academics, law students and practitioners interested in the areas of medical/healthcare law and ethics, bioethics and moral philosophy, family law, sociology and reproductive medicine and genetics.
Category: Law