인체 및 인체부산물의 소유권에 대한 비판적 고찰
A Study of criticism on Ownership in Human Bodies and by-product of Human Bodies
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
Abstract
This paper outlines seek to efficient legislation that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. People may be concerned not so much about owning their bodies, as controlling what happens to their body or by-product of human body. People can authorise the removal of their bodily material and its use, either during life or after their death, for medical or scientific purposes. Researchers who acquire human bodies, by-product of human bodies pursuant to such an authority have a right to possess and use them according to the authorization they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. It will not be possible for a hospital or researcher to obtain full ownership of a body or body part since the executor is ultimately entitled to possession for burial ,nor to tissue taken from people who have not died. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing the laws of battery, negligence and privacy principles without the need for a new legal principle that people own body parts and tissue removed from their bodies.
참고문헌 (23)
- 곽윤직, "민법총칙" (2007), 박영사
- Andrew Kimbrell, "The Human Body Shop:The Engineering and Marketing of Life" (1993), HarperCollins
- Derek Morgan, "Issues in Medical Law and Ethics" (2001), Routledge|
- GEORGINA VOSS, "Report to the Human Genetics Commission on Public Attitudes to the Uses of Human Genetic Information", ~ (2000)
- Harold J.Krent, "Of Diaries and DNA Banks: Use Regulations Under the Fourth Amendment" (1992), Texas Law Review
- J.W.Harris, "Property and justice" (2002), Oxford University Press
- Loane Skene, "First International Conference on DNA Sampling in Montreal", Journal of Law and Medicine (1997)
- Loane Skene, "Protecting genetic materials and genetic information: A case study of Guthrie cards in Victoria", Journal of Law and Medicine, 9, pp.215~ (2001)
- Loane Skene, "Genetic Secrets and the Family: A response to Bell and Bennett", Medical Law Review, 9 (2001)
- Loane Skene, "Who Owns Your Body ? Legal Issues in the Ownership of Bodily Material", Trends in Molecular Medicine, 8(1) (2002)
- Lori Andrews, "Prenatal Screening and the Culture of Motherhood", Hastings Law Journal, 47 (1996)
- Lori B. Andrews, "My Body, My Property", Hastings Center Report, 16(5) (1986)
- Lori B.Andrews, "State Informed Consent Statutes and Medical Decisionmaking", Journal of Legal Medicine, 5 (1984)
- Medical Research Council, "Public Perceptions of the Collection of Human Biological Samples", ~ (2000)
- Nuffield Council on Biothics, "Human Tissue: Ethical and Legal Issues", ~ (1995)
- Rosalind Atherton, "Claims on the deceased: The corpse as property", Journal of Law and Medicine, 7 (2000)
- Tara Patel, "France's Troubled Transplant Trade" (1993), New Scientist
- September 26, "The Manchester Guardian(UK)", ~ (1999)
- Tuesday 23 January, "The Manchester Guardian(UK)", ~ (2001)