Our Bodies, Whose Property?


Book Description

An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.




Our Bodies, Whose Property?


Book Description

An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.




Whose Body is it Anyway?


Book Description

In the prevailing liberal ethos, if there is one thing that is beyond the reach of others, it is our body in particular, and our person in general: our legal and political tradition is such that we have the right to deny others access to our person and body, even though doing so would harm those who need personal services from us, or body parts. However, we lack the right to use ourselves as we wish in order to raise income, even though we do not necessarily harm others by doingso---even though we might in fact benefit them by doing so.Cécile Fabre's aim in this book is to show that, according to the principles of distributive justice which inform most liberal democracies, both in practice and in theory, it should be exactly the other way around: that is, if it is true that we lack the right to withhold access to material resources from those who need them, we also lack the right to withhold access to our body from those who need it; but we do, under some circumstances, have the right to decide how to use it in orderto raise income. More specifically, she argues in favour of the confiscation of body parts and personal services, as well as of the commercialization of organs, sex, and reproductive capacities.




Property in the Body


Book Description

New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach.




Ownership of the Human Body


Book Description

This is the first book in healthcare ethics addressing the moral issues regarding ownership of the human body. Modern medicine increasingly transforms the body and makes use of body parts for diagnostic, therapeutic and preventive purposes. The book analyzes the concept of body ownership. It also reviews the ownership issues arising in clinical care (for example, donation policies, autopsy) and biomedical research. Societies and legal systems also have to deal with issues of body ownership. A comparison is made between specific legal arrangements in The Netherlands and France, as examples of legal approaches. In the final section of the book, different theoretical perspectives on the human body are analyzed: libertarian, personalist, deontological and utilitarian theories of body ownership.




Body Parts


Book Description

In Body Parts, E. Richard Gold examines whether the body and materials derived from it--such as human organs and DNA--should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.




Just Property


Book Description

This third and concluding volume of Just Property brings critical accounts of property right up to the present. The book is made up of five pairs of chapters located in five major ideological traditions of modernity: liberalism, libertarianism, social democracy, conservatism, and feminism. As before, the focus is on particular thinkers and their daring, puzzling and sometimes outrageous views. The concluding chapter returns to the project's opening questions about property and inequality and about property under the imperative of growth to limits. If we are to confront the enormous challenges that loom in front of us, we have, above all else, to think again, and quite radically, about the place of property in our collective lives.




Our Bodies Belong to God


Book Description

Why has Egypt, a pioneer of organ transplantation, been reluctant to pass a national organ transplant law for more than three decades? This book analyzes the national debate over organ transplantation in Egypt as it has unfolded during a time of major social and political transformation—including mounting dissent against a brutal regime, the privatization of health care, advances in science, the growing gap between rich and poor, and the Islamic revival. Sherine Hamdy recasts bioethics as a necessarily political project as she traces the moral positions of patients in need of new tissues and organs, doctors uncertain about whether transplantation is a "good" medical or religious practice, and Islamic scholars. Her richly narrated study delves into topics including current definitions of brain death, the authority of Islamic fatwas, reports about the mismanagement of toxic waste predisposing the poor to organ failure, the Egyptian black market in organs, and more. Incorporating insights from a range of disciplines, Our Bodies Belong to God sheds new light on contemporary Islamic thought, while challenging the presumed divide between religion and science, and between ethics and politics.




Self-Ownership, Property Rights, and the Human Body


Book Description

How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.