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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Bioequity – Property and the Human Body

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ISBN13: 9780754672807
Published: November 2009
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00



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Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed.

Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.

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Subjects:
Medical Law
Contents:
Preface
Part 1 Background: introduction
Concepts and issues
Alder Hey and public opinion
Terminology.
Part 2 Legal Approaches: Old law for new problems?
Protecting entitlements
The Common Law position
Legislation
A look at paradigmatic case law
The law, systematically.
Part 3 Bioequity: Equity
Developing new property classes
Concluding thoughts
Bibliography
Index.