Persons, Parts and Property

Persons, Parts and Property
Title Persons, Parts and Property PDF eBook
Author Imogen Goold
Publisher Bloomsbury Publishing
Pages 492
Release 2014-09-25
Genre Law
ISBN 178225479X

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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.

The Oxford Handbook of Comparative Health Law

The Oxford Handbook of Comparative Health Law
Title The Oxford Handbook of Comparative Health Law PDF eBook
Author David Orentlicher
Publisher Oxford University Press
Pages 1135
Release 2021-08-26
Genre Law
ISBN 0190846771

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The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.

Persons, Parts and Property

Persons, Parts and Property
Title Persons, Parts and Property PDF eBook
Author Imogen Goold
Publisher Hart Publishing
Pages 0
Release 2016-09-29
Genre Law
ISBN 9781509909896

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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.

The Statutes

The Statutes
Title The Statutes PDF eBook
Author Great Britain
Publisher
Pages 1340
Release 1877
Genre Law
ISBN

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Title 36 Parks, Forests, and Public Property Parts 1 to 199 (Revised as of July 1, 2013)

Title 36 Parks, Forests, and Public Property Parts 1 to 199 (Revised as of July 1, 2013)
Title Title 36 Parks, Forests, and Public Property Parts 1 to 199 (Revised as of July 1, 2013) PDF eBook
Author Office of The Federal Register, Enhanced by IntraWEB, LLC
Publisher IntraWEB, LLC and Claitor's Law Publishing
Pages 513
Release 2014-07-01
Genre Law
ISBN 0160919827

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36 CFR Parks, Forests, and Public Property

The Legal Understanding of Slavery

The Legal Understanding of Slavery
Title The Legal Understanding of Slavery PDF eBook
Author Jean Allain
Publisher OUP Oxford
Pages 416
Release 2012-09-27
Genre Law
ISBN 0191645354

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"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage? This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes. Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.

Legislative Series

Legislative Series
Title Legislative Series PDF eBook
Author International Labour Office
Publisher
Pages 874
Release 1926
Genre Labor laws and legislation
ISBN

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