By E. Richard Gold
In Body Parts, E. Richard Gold examines even if the physique and fabrics derived from it―such as human organs and DNA―should be considered industry commodities and topic to estate legislation. reading a sequence of court docket judgements relating estate rights, Gold explores even if the language and assumptions of estate legislation might help society be certain who has rights to human organic materials.
Gold observes that the industrial possibilities unleashed through advances in biotechnology current a problem to the ways in which society has characteristically valued the human physique and human overall healthiness. In a balanced dialogue of either advertisement and person views, Gold asserts the necessity to comprehend human organic fabrics in the context of human values, instead of monetary interests.
This perceptive publication might be welcomed via students and different execs engaged in questions concerning bioethics, utilized ethics, the philosophy of price, and estate and highbrow estate rights. Given the foreign elements of either highbrow estate legislation and biotechnology, this ebook might be of curiosity through the international and particularly priceless in common-law (most English-speaking) international locations.
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Additional resources for Body Parts: Property Rights and the Ownership of Human Biological Materials
For example, it is no good for me to claim ownership of a pen against the demands of a martian because the martian does not live by and under the rules imposed by our society. The pen is an instantiation of a normthe exclusive rights of use and possessionthat we, as members of this society at this time, have agreed or acquiesced in following. When we grant property rights to each otherassuming that we grant rights for certain nonarbitrary reasonswe do so on the basis of one or more ways of valuing the object or the individual to whom we grant the rights.
While others may talk about property and may even possess a sophisti- Page 7 cated conception of property, their discussion of property law will not, at least directly, influence property discourse. This is because, within our society, the sources of legitimate interpretation of the law are limited to texts, modes of analysis, and individuals sanctioned by society. The law of property is, therefore, what the courts, lawyers, and legislators say it is, even if others do not share their view. Here a distinction must be drawn between the law as it is and as it ought to be.
Because a practitioner practicing in a particular area of the law has detailed knowledge of the range of sources touching on that area and appreciates the often-conflicting assumptions and conceptions within those sources, the practitioner will ascribe few strong principlesof the type, in fact situation X, the legal result is Yand many Page 8 weak principlesof the form, fact situations of the type X tend to lead to legal conclusion Yto that specialized area of law. On the other hand, holding only a general knowledge of all other areas of the law, the practitioner has far less appreciation for the subtleties in those areas of law.