Waste, ownership and bodily products

Authors
Citation
J. Mchale, Waste, ownership and bodily products, HEAL CARE A, 8(2), 2000, pp. 123-135
Citations number
29
Categorie Soggetti
Public Health & Health Care Science
Journal title
HEALTH CARE ANALYSIS
ISSN journal
10653058 → ACNP
Volume
8
Issue
2
Year of publication
2000
Pages
123 - 135
Database
ISI
SICI code
1065-3058(200006)8:2<123:WOABP>2.0.ZU;2-1
Abstract
This paper considers the extent to which bodily parts and products can be l egitimately regarded as "waste" in law and what are the legal consequences of regarding them in this manner. First, what is the approach of English la w to bodily parts as property? Secondly, why is this an important legal iss ue? Thirdly, what do we mean when we say that something is "waste" and can bodily products/parts be classified as "waste"? Fourthly, if the English co urts are prepared to recognise bodily parts and products as property, then what are the legal consequences of regarding bodily products as "waste" and what problems may arise from such a legal conceptualisation? It is argued that these issues require a more measured considered approach to regulation than simply leaving them to ad hoc determination in the courts.