scholarly journals “THIS IS MY KIDNEY, I CAN DO WHAT I WANT WITH IT” – PROPERTY RIGHTS AND OWNERSHIP OF HUMAN ORGANS

Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
Magda Slabbert
Keyword(s):  
South Africa ◽  
Property Rights ◽  
Human Body ◽  
Common Law ◽  
Court Decisions ◽  
Organ Transplants ◽  
Body Parts ◽  
Current Position ◽  
Experimental Phase ◽  
Human Organs

If I am not a slave, nobody else owns me and I therefore must own myself. This is but philosophical speculation and not the law. According to the legal view, not only does no one own me or my body parts, but neither do I. Legal conceptions of “property” donot extend to self-ownership. A vacuum in law concerning the ownership of body parts exists and the only responses to questions concerning this type of ownership remain philosophical and obiter dicta in reported cases. This article explores property rights in human bodies and body parts in order to establish the position in law of excised human organs removed for the use in transplantation. It is necessary to highlight the historical progression in determining property rights in human body parts, but it should be borne in mind that the majority of laws and court decisions took place in an era when organ transplants were still in an experimental phase. For the sake of brevity foreign legislation and court judgments in only two common law countries will be scrutinised and compared to the current position in South Africa. The reasons why ownership in human organs are important will also be indicated. 

Property in Human Body Parts

2020 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Body ◽  
First Principles ◽  
The Political ◽  
Body Parts ◽  
Cautionary Tale ◽  
Regulatory Approach ◽  
Legal Position ◽  
The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

scholarly journals Medical Economics: Legalize Organ Markets

The Winners ◽  
2017 ◽  
Vol 18 (2) ◽  
pp. 73
Author(s):  
Justin Callais ◽  
Walter E. Block
Keyword(s):  
Human Body ◽  
Subject Matter ◽  
General Assumption ◽  
Google Scholar ◽  
Organ Transplants ◽  
Body Parts ◽  
Free Markets ◽  
Goods And Services ◽  
The World ◽  
Organ Markets

The article argued to the contrary that at least insofar as organ transplants were concerned, this general assumption lied 180 degrees away from the truth. The first reaction of most concerned people, at the prospect of buying and selling human body parts, was one of revulsion. And, yet, this was the tried and true means that used for supplying more pedestrian goods and services. The article was the economic principles responsible for adequately making available to us such as items such as apples, shoes, and gardening services were the best ones in this case as well. The method was to argue that the institutions responsible for most goods and services in the economy that the last best hope for solving the problems that faced transplants of human body parts. The researchers consulted google scholar and mises.org and generated in this manner and cited almost a dozen publications which discussed the relevant subject matter and commented on several of them. It finds that Pro-organ sellers have a long way to go, but with determination and logic, one day the world will find a place for organs in the free-markets. And, then, many lives will be saved.

scholarly journals A CRITICAL ANALYSIS OF THE PROPOSED CODIFICATION OF THE DUTIES OF CORPORATE DIRECTORS

2008 ◽  
Author(s):  
Rudolph Martin de Neijs
Keyword(s):  
South Africa ◽  
Critical Analysis ◽  
Common Law ◽  
Court Decisions ◽  
Fiduciary Duties ◽  
Statutory Law ◽  
The Common

In pursuance of the rectification of perceived shortcomings in the common law duties of directors, including inter alia the confusion and uncertainty among prospective and current directors concerning the degree of skill expected of them while carrying out their functions, the Department of Trade and Industry prepared a discussion draft of a proposed new Companies Act for South Africa, which, in contrast with the previous Companies Act, spelled out the duties of corporate directors. Following the discussion draft, a new Companies Bill was introduced in June 2008 in the spirit of the February 2007 bill regarding directors’ duties. In this article I shall attempt to outline the new statutory duties and other relevant sections and explain these duties as they are found in the Companies Bill. It should be stated that since the following discussion concerns proposed law not yet in force, no court decisions and very few academic articles are available to aid the interpretation thereof. The following interpretations are thus purely speculative and may differ from the ultimate interpretation that the court may give to these sections when applied. The interpretation of these sections can further not be aided by English statutory law, as the English statutory law only refers to fiduciary duties of directors and does not contain any specific criteria of care and skill by which a director’s conduct can be measured.

Überlegungen zur Organtransplantation

1995 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernesto Garzón Valdés
Keyword(s):  
Human Body ◽  
Medical Technology ◽  
Body Parts ◽  
Ethical Problems ◽  
Human Organs ◽  
Ethical Status ◽  
Recent Advances ◽  
Body Tissues

AbstractRecent advances in medical technology, not with standing their potential blessings, have engendered a number of new ethical problems. Questions raised by rapidly improving techniques for the transplantation of human organs and body tissues have become especially urgent. The article tries to clarify and evaluate the main arguments advanced for and against different arrangements in this area. The first part concentrates on the problem of acquisition. The ethical status of eight ways of obtaining human body parts is investigated. The cases are derived from combinations of three criteria: whether the donor consents or not; whether or not he/she is alive or dead at the time of extraction; and whether or not donors (or their heirs) are compensated. In the second part, the problem of adjudication is treated. Three possible arrangements are examined: market, organ bank, and club.

Dismantling Doodeward: Guided Discretion as the Superior Basis for Property Rights in Human Biological Material

2019 ◽  
Author(s):  
Kate Falconer
Keyword(s):  
Property Rights ◽  
Supreme Court ◽  
Human Body ◽  
Biological Material ◽  
Common Law ◽  
Case Law ◽  
Legal Question ◽  
The Supreme Court ◽  
Guided Discretion ◽  
Human Biological Material

For over a century the Australian High Court’s decision in Doodeward v Spence has dominated questions of property rights in the human body. Beginning with the Supreme Court of Western Australia’s decision in Roche v Douglas in 2000, however, Australian courts have developed an alternative ‘guided discretion’ approach to finding property rights in human biological material. This approach provides a normative framework for judges deciding the property question. The existence of two legal bases that answer the same legal question within the Australian common law is unnecessary and undesirable. This article examines the case law applying the more recent guided discretion approach and identifies its three essential features. It then presents four arguments as to why Doodeward should be superseded by the guided discretion approach in questions of property rights in human biological material.

scholarly journals An Augmented Reality based Learning App

2020 ◽  
Vol 9 (1) ◽  
pp. 925-928
Keyword(s):  
Augmented Reality ◽  
Mobile Phone ◽  
Human Body ◽  
3D Model ◽  
3D Models ◽  
Body Parts ◽  
Human Organs ◽  
Augmented Reality Application ◽  
Different Types ◽  
Memory Power

There are so many different types of applications that deal with various sectors of augmented reality, that provides augmented facility for learning. But there is no particular augmented reality software that is designed to detail out information of the interior parts of the human body with its organs, thus we have initiated and designed an augmented reality application that shows all the information and 3D Models about the interior organs of the human body, we need to know about with the help of some special markers present physically in every iconic spot. This information displayed visually is dynamically maintained and also provides the Students with a 3D visual of the Human organs, where the students will be given an application with several pictures for visualizing the 3D model of the organs with its interior parts. This could greatly help the students to gain knowledge about body parts by using mobile phone and also this will help the students to increase their memory power by visualizing them.

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