This article attempts to answer two basic questions. First, can body parts be the subject of property rights? This requires us to start with a definition of property rights, and this is set out in the first section. In the second section, it will be argued that rights in relation to body parts can come within this definition of property rights. However, as explained in the third section, the fact that body parts can be the subject of property rights does not mean that they should. To answer the question of whether body parts should be the subject of property rights we need to consider policy arguments. This article will develop an argument in favour of the recognition of property rights in body parts which focuses on the notion of scarcity of resources.
Statistics from Altmetric.com
If you wish to reuse any or all of this article please use the link below which will take you to the Copyright Clearance Center’s RightsLink service. You will be able to get a quick price and instant permission to reuse the content in many different ways.
Read the full text or download the PDF:
Other content recommended for you
- Human-tissue-related inventions: ownership and intellectual property rights in international collaborative research in developing countries
- Body parts in property theory: an integrated framework
- Are pharmaceutical patents protected by human rights?
- Intellectual property rights and detached human body parts
- The human body as property? Possession, control and commodification
- The current approach of the courts
- Containing diffusion: the tobacco industry’s multipronged trade strategy to block tobacco standardised packaging
- The ownership that wasn't meant to be: Yearworth and property rights in human tissue
- The trespasses of property law
- Organs as inheritable property?