Waste, ownership and bodily products.
This paper considers the extent to which bodily parts and products can be legitimately regarded as "waste" in law and what are the legal consequences of regarding them in this manner. First, what is the approach of English law to bodily parts as property? Secondly, why is this an important legal issue? 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 courts 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 conceptualization? 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.
McHale
J
J
Faculty of Law, University of Leicester, UK. jvm5@leicester.ac.uk
D001675:Bioethics; D006801:Humans; D017744:Medical Waste Disposal / Q000331:legislation & jurisprudence*; D010067:Ownership / Q000331:legislation & jurisprudence*; D014015:Tissue Banks / Q000331:legislation & jurisprudence; D009927:Tissue and Organ Procurement / Q000331:legislation & jurisprudence*; D006113:United Kingdom
D017744:Medical Waste Disposal