Download Biotechnology and the Challenge of Property (Medical Law and by Remigius N. Nwabueze PDF

By Remigius N. Nwabueze

Biotechnology and the problem of estate addresses the query of ways the development of estate legislations is able to controlling the pursuits generated through the engineering of human tissues. via a comparative attention of non-Western societies and industrialized cultures, this booklet addresses the influence of contemporary biotechnology, and its criminal lodging at the wide-spread behavior and standard ideals which form the lives of alternative groups. Nwabueze offers an creation to the criminal law of the evolving makes use of of human tissues, and its implications for normal wisdom, ideals and cultures.

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72 It does appear that in the case of Newfoundland, Canada, the tissue collection there was entirely undertaken by a private company without governmental involvement. 73 H. Rose, The Commodification of Bioinformation: The Icelandic Health Sector Database (London: The Wellcome Trust, 2001). C. Bear, What is a Person’s DNA Worth? Fair Compensation for DNA Access (Vienna: 10th International Congress of Human Genetics, 2001). 75 For instance, L. Andrews and D. Nelkin, ‘Whose Body Is It Anyway? Disputes Over Body Tissue in a Biotechnology Age’ (1998) 351 Lancet 53–7; Stephen R.

V. S. Light & Power Co. R. ). 51 Other Canadian cases on the subject include Lacroix v. R. R. ); The Queen in Right of Man. v. Air Can. R. (3d) 513 (SCC); Didow v. Alta. Power Ltd. R. 606 (Alta. ); Kingsbridge Development Inc. v. Hanson Needler Corp. R. C). , supra, note 50. The Nature, Uses and Meaning of Property 17 contrasts with the decision of an English court in Bernstein v. ,53 where Griffiths, J. 54 The point is that air transportation technology brought with it new forms of property or property claims.

Developments in medicine also had an impact on the use of the concept of property in the context of the human body. The standardization of the practice of anatomy in the early nineteenth century opened a whole new jurisprudence on dead bodies. Before anatomy emerged as a recognized branch of medical practice, dead bodies had no commercial or medical value and, as such, disputes concerning their ownership hardly arose. With the emergence of anatomy as a separate and recognized branch of medicine, physicians began to need dead bodies to practise dissection and perfect the art of surgery.

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