Waste, Ownership and Bodily Products

@article{McHale2004WasteOA,
  title={Waste, Ownership and Bodily Products},
  author={Jean V McHale},
  journal={Health Care Analysis},
  year={2004},
  volume={8},
  pages={123-135}
}
  • J. McHale
  • Published 2004
  • Sociology, Medicine
  • Health Care Analysis
This paper considers the extent to which bodily partsand products can be legitimately regarded as ``waste''in law and what are the legal consequences ofregarding them in this manner. First, what is theapproach of English law to bodily parts as property?Secondly, why is this an important legal issue?Thirdly, what do we mean when we say that something is``waste'' and can bodily products/parts be classifiedas ``waste''? Fourthly, if the English courts areprepared to recognise bodily parts and… 

Topics from this paper

A Framework for the Collection, Retention and Use of Human Body Parts
Organ transplantation and biotechnological research depend on the availability of body parts, which necessitates the willing involvement of the public. The rapid development of biotechnology has led
Re-defining the concepts of waste and waste management : evolving the Theory of Waste Management
In an attempt to construct a new agenda for waste management, this thesis explores the importance of the definition of waste and its impact on waste management, and the role of ownership in waste
Property in the Body: Feminist Perspectives
Acknowledgements Preface 1. Do we all have 'feminised' bodies now? 2. Property, objectification and commodification 3. The Lady Vanishes: what's missing from the stem cell debate 4. Umbilical cord
Persons, Property, and Community
The terms ‘persons’ and ‘property’, and the connections between them, have been analysed very thoroughly in several disciplines, including law, philosophy, cultural studies, and anthropology. Like
Clinical Mishaps and Novel Injuries in Family Planning
  • N. Priaulx
  • Psychology, Medicine
    The Medico-legal journal
  • 2010
TLDR
This note considers the questions Yearworth raises as to the meaning of “personal injury” and argues that the courts need to radically rethink their approach to reproductive harms arising out of mishaps in family planning.
On Law's Promise: Thinking about how we Think about Law's Limits
If law's foundational promise lies in the belief that it promotes the social good, then we need to reassess the limits of that promise. Exploring the often problematic translation of legal goods into
The Lady Vanishes: What’s Missing from the Stem Cell Debate
TLDR
Drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, this work can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant.
Law and Clinical Research — From Rights to Regulation? An English Perspective
  • J. McHale
  • Medicine, Political Science
    Journal of Law, Medicine & Ethics
  • 2004
The last half century has been characterized by a growth in the regulation of clinical research nationally and internationally. Each area of research on human subjects has been the subject of a vast
A Walk in the Park: A Case Study in Research Ethics
TLDR
Although the methodology of this study is somewhat unusual, the questions raised are not, and the analysis utilized here could guide design and review of other studies.
Beyond the 'embryo question': human embryonic stem cell ethics in the context of biomaterial donation in the UK.
TLDR
Attitudes to donation are found to vary according to the type of tissue being donated or collected, the purpose for which donation is being sought and the nature of the recipient of the donation.
...
1
2
...

References

SHOWING 1-10 OF 19 REFERENCES
Proprietary rights in human bodies, body parts and tissue: regulatory contexts and proposals for new laws
This paper examines the law on the proprietary rights of people in respect of their bodies, body parts and tissue. Proprietary rights include rights of ownership and control, The paper argues that
‘I, Me, Mine’: Bodies, Parts and Property*
  • Andrew Grubb
  • Medicine, Sociology
    Medical law international
  • 1998
TLDR
Signs that the common law may be prepared to recognise that parts of a body are ‘property’ and subject to control by their source or another are seen, particularly for patients and others, particularly researchers where commercial exploitation is envisaged.
My body, my property.
TLDR
Donors, recipients, and society will benefit from a market in body parts so long as owners--and no one else--retain control over their bodies.
Warnock--report of the committee of inquiry into human fertilisation and embryology.
TLDR
The report of the Committee of Inquiry into Human Fertilisation and Embryology established in July 1982 to examine the social, ethical and legal implications of recent, and potential developments in the field of human assisted reproduction is presented.
Law and Medical Ethics
Introduction. Aspects of sex law. The management of infertility and childlessness. The control of fertility. Abortion. Prenatal screening and wrongful life. Genetic information and the law. Medical
The man of property.
  • P. Matthews
  • Political Science, Medicine
    Medical law review
  • 1995
TLDR
One that the authors will refer to to break the boredom in reading is choosing the man of property as the reading material.
Clones Genes and Immortality
Theft of Body Parts: Property and Dead Bodies
  • Medical Law Review
  • 1998
Cloning Human Beings: Religious Perspectives on Human Cloning
  • 1997
...
1
2
...