Persons, Parts and Property: How Should we Regulate Human Tissue in the 21st Century book pdf download

Author: Jonathan Herring

About the Author: studied law at Hertford College, Oxford University before training as a solicitor. I did the BCL at Oxford and taught at Oxford and Cambridge, before taking up my fellowship at Exeter. Outside work I love spending time with my partner and children, who are very funny. I also enjoy running, novels and foreign language films. He research how the law relates with the things that matter most to us. Our family, our friends, our bodies. My writing questions the assumption that we are capable, independent, self-sufficient, autonomous people who need legal rights to protect us from invasion from others. Instead, I believe we are profoundly vulnerable and interdependent. We need a law which enriches and protects our relationships, rather than one that promotes individual rights. Applying this kind of thinking I have written on a wide range of issues including caring; vulnerable adults; older people; children’s rights; marriage; ownership of body parts; pregnancy; rape; and disability. He love teaching. At Exeter I teach Criminal Law, Family Law and Medical Law and Ethics for the BA degree in Jurisprudence.

Persons, Parts and Property: How Should we Regulate Human Tissue in the 21st Century book pdf download By Jonathan Herring

The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this ‘exception’ was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.

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