This book advances a new approach, based on existing law, to constructing entitlements in human tissue and resolving resulting property conflicts. A new methodology is also put forward for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.
Autorentext
Nils Hoppe is a postdoctoral fellow in the Medical Law and Bioethics Research Group based at the Center for Philosophy and Ethics of Science at Leibniz Universitaet Hannover, Germany.
Zusammenfassung
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.
Inhalt
Part I Background; Chapter 1 Introduction; Chapter 2 Concepts and Issues; Chapter 3 Alder Hey and Public Opinion; Chapter 4 Terminology; Part II Legal Approaches; Chapter 5 Old Law for New Problems?; Chapter 6 Protecting Entitlements; Chapter 7 The Common Law Position; Chapter 8 Legislation; Chapter 9 A Look at Paradigmatic Case Law; Chapter 10 The Law, Systematically; Part III Bioequity; Chapter 11 Equity; Chapter 12 Developing New Property Classes; Chapter 13 Concluding Thoughts;