Incomplete Commodification in American Law

Author(s):  
Natalie Ram

This chapter discusses the incomplete commodification of human body parts in American law. In the main, American law bars payments for human body parts and tissue to be used in clinical care. However, this prohibition on payments does not reach all human body products. Rather, federal law sets out an explicit list of covered organs, and courts have interpreted that list strictly. Despite strong demand for body products and the traditional American preference for markets in general, myriad body products are procured in partial, though incomplete, markets. On one hand, when market mechanisms are putatively prohibited, markets have nonetheless crept in at some—but not all—stages of the process of transferring tissue from the donor to the recipient. On the other hand, when markets are not prohibited, they nonetheless do not develop fully. The chapter explores this juxtaposition of law and norms in the American setting. It also suggests one reason for the incomplete commodification of body products such as sperm, eggs, and blood: a preoccupation and discomfort with the role of women in markets rather than at home. That is, when it comes to body products, women are deemed to participate primarily for reasons of love, not money.

Author(s):  
Emilia Szalkowska-Kim

This article presents the results of comparative research into the collocations of the names of human body parts with dimension adjectives. The aim of the analysis was to indicate the similarities, limitations and differences in the manners of conceptualising the world established in Polish and Korean, or more precisely: how both languages define the elements of the world of human body parts, and how they assign dimensions to the elements depending on the needs and experiences of native users of both. The results of the research could have a practical application in teaching both languages, facilitating students’ absorption of the lexis of the other language, and result in a deeper mutual understanding of linguistic and cultural differences..


Author(s):  
Jaideep Prabhu

The global economy will face significant challenges over the next few decades. On the one hand, it must meet the needs of 7 billion consumers (growing to 9 billion by 2050), including the currently unmet basic needs of large numbers in developing countries in areas such as food, energy, housing and health. On the other hand, it must achieve this growth without exceeding the resources available on the planet or causing environmental devastation. This paper argues that such change is possible through a systemic shift to a frugal economy that involves radical, frugal innovation across sectors. Such a transformation will involve the participation of large and small firms, consumers and governments alike. The paper introduces the notion of frugal innovation—the creation of faster, better and cheaper solutions for more people that employ minimal resources—and discusses strategies and examples of such change already taking place in core sectors like manufacturing, food, automotive and energy in developing and developed economies. It also outlines the role of the interaction between large and small firms as well as between firms and consumers in making change possible, as well as the role of governments in driving change where market mechanisms alone will not suffice. This article is part of the themed issue ‘Material demand reduction’.


Author(s):  
Leo Wetzels ◽  
Stella Telles

Lakondê, together with Mamaindê and Latundê, belongs to the Northern Nambikwara branch of the Nambikwara linguistic family spoken in Northwestern Brazil. The language is head-marking, predominantly suffixal, and of great derivational productivity. It has an elaborate system of nominal classifiers; it is incorporating, with nuclear arguments integrated in the morphology of the verb. Lakondê has two ways of incorporating nouns: one is prefixal when the incorporated morphemes represent body parts; the other is suffixal, involving nominal classifiers. When the incorporation occurs in dynamic verbs, the integrated classifier morphemes assume the role of direct object. The verbal template provides for more than thirty morpheme positions, which, from the point of view of their function, can be categorized as argumental, adverbial, evidential, and TAM. Flexional suffixes may function as nuclear arguments and dispense with the lexical realization of the subject and the object. With these characteristics Lakondê may be classified as a typical polysynthetic language.


2020 ◽  
Vol 19 ◽  
Author(s):  
Koumudhi Rajanala ◽  
Nitesh Kumar ◽  
Mallikarjuna Rao Chamallamudi

: The human digestive system is embedded with trillions of microbes of various species and genera. These organisms serve several purposes in human body and exist in symbiosis with the host. Their major role is involved in digestion and conversion of food materials into many useful substrates for human body. Apart from this, the gut microbiota also maintains healthy communication with other body parts including the brain. The connection between gut microbiota and brain is termed as Gut-Brain Axis (GBA) and these connections are established by neuronal, endocrine and immunological pathways. Thus, they are involved in neurophysiology and neuropathology of several diseases like Parkinson’s Disease (PD), Alzheimer’s Disease (AD), Depression and Autism. There are several food supplements such as prebiotics and probiotics the modulate the composition of gut microbiota. This article provides a review about the role of gut microbiota in depression and supplements such as probiotics that are useful in the treatment of depression.


Author(s):  
Stéphanie Hennette Vauchez

This chapter assesses how blood, tissue, and cells are retrieved and circulated in Europe. It investigates the ongoing tug of war between two main regulatory paradigms in the field of human body parts and cells: a human/fundamental rights–inspired paradigm on one hand, and a market–inspired one on the other hand. It also recasts the familiar opposition that is often found in comparative work in the field of health and biomedical law between a European “human rights” model of regulation and a North American “market” one as overly simplistic. As it highlights the status of the actual actors that evolve in the field of biomedicine concerned in blood, tissue, and cells circulation as well as the corresponding normative rationales, it complements Natalie Ram’s “incomplete commodification” paradigm in the United States to that of the market creep that is taking place in Europe.


Author(s):  
Jon Ivar Elstad ◽  
Kristian Heggebø

This study uses Norwegian public register data in a spatial correlation approach, and analyzes associations between regional variations in immigration and employment outcomes 2004–2015 in a cohort of adult residents (N = 1.3 million). A higher share of immigrants in the regional population and an immigrant population dominated by low-educated were associated with slightly negative work income trends and less employment opportunities for residents, in particular for low- educated natives and earlier immigrants. A steep increase in the immigrant share of the regional population was, on the other hand, associated with better employment outcomes for all analyzed resident categories. Overall, regional immigration differences were only modestly related to the out- comes. Findings indicate that the institutional context has limited the role of market mechanisms in the labor market, and a booming regional economy will tend to neutralize potentially negative effects of immigration on residents’ employment.


2020 ◽  
Vol 10 (1) ◽  
pp. 1-6
Author(s):  
Piotr Fajdek

The inquiry concerns the role of philosophy in the modern sport. It brings the heritage of great philosophers closer and emphasizes their relationships with people practicing running. It describes the mental zone of participants in marathon races, their motives and feelings, about the sport. The purpose of this study, was to investigate Does sport and philosophy may have something in common? Two totally different branches at first sight, gives us a chance to have a closer look on themselves. A wider perspective on sport by philosopher, on one hand and on the other, – chance to deep search in the mental zone of the athlete. Surprisingly running and philosophy have a lot in common. Both of branches are recognized as difficult, but results achieved may be very satisfying. In both disciplines patience and commitment is needed, and success comes very slowly. Every man is a philosopher, cause every one of us believes in natural law. We all as a mankind can conclude which kind of life is the best for us. Therefore, many of people decided to consciously engage in physical activity. As a way to enrich their personality, the way to discover their own self. As a way to response to the stresses of everyday life. Below we can find short comparison of two worlds – one which covers human mind, and other human body.


Author(s):  
Anne Phillips

This introductory chapter provides an overview of the book's main themes. This book considers what, if anything, is the difference between markets in sex or reproduction or human body parts and the other markets we commonly applaud. What—if anything—makes the body special? It argues that some things should not be for sale, and that it is not transparently obvious either why this is so or which these are. It considers not just markets and the body, but also the implications and consequences of thinking of the body as something that we own. It examines cases of body commodification, focusing on commercial surrogacy and markets in body parts. It also considers instances where thinking of the body as property has no obvious implications in terms of making it available for sale. This book addresses, therefore, two distinct though related questions. What, if anything, is wrong with thinking of oneself as the owner of one's body? What, if anything, is wrong with making our bodies available for rent or sale?


2020 ◽  
Vol 21 (1) ◽  
pp. 1
Author(s):  
Ihsan Nurmansyah

The advancement of knowledge and technology presents its own challenges to Muslims’ socio-religious life. One of them is the progress in the medical field regarding organ transplants of animals to humans. Religious problems arise when animals used in transplantation are those that are deemed unlawful (haram) by Islamic texts. On the one hand, organ transplants provide benefits for humanity, but on the other, donors of transplants are unlawful animals. This paper examines the lawfulness of using the body parts of pigs, whose unlawfulness is stated in many verses of the Qur'an. This study uses a contextual interpretation introduced by Abdullah Saeed. Based on contextual considerations, this study concludes that QS. al-Baqarah: 173, QS. al-Maidah: 3, QS. al-Anam: 145 and QS. an-Nahl: 115 prohibit pork for consumption. The commentators of the Qur’an have differences of opinion concerning the uses of pigs beyond consumption. This paper suggests that using the body parts of pigs is legitimate. This is reinforced by QS. al-Baqarah: 173 which explains an emergency context. Pigs do not belong to the category of najis ‘aini, which allows it to be transplanted into the human body. However, some conditions need to be fulfilled for transplantation. The transplantation permitted if  these is not rise risk of further to harm and a recommendation from the doctor about the patient's condition. 


1995 ◽  
Vol 74 (05) ◽  
pp. 1271-1275 ◽  
Author(s):  
C M A Henkens ◽  
V J J Bom ◽  
W van der Schaaf ◽  
P M Pelsma ◽  
C Th Smit Sibinga ◽  
...  

SummaryWe measured total and free protein S (PS), protein C (PC) and factor X (FX) in 393 healthy blood donors to assess differences in relation to sex, hormonal state and age. All measured proteins were lower in women as compared to men, as were levels in premenopausal women as compared to postmenopausal women. Multiple regression analysis showed that both age and subgroup (men, pre- and postmenopausal women) were of significance for the levels of total and free PS and PC, the subgroup effect being caused by the differences between the premenopausal women and the other groups. This indicates a role of sex-hormones, most likely estrogens, in the regulation of levels of pro- and anticoagulant factors under physiologic conditions. These differences should be taken into account in daily clinical practice and may necessitate different normal ranges for men, pre- and postmenopausal women.


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