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Being and OwningThe Body, Bodily Material, and the Law$
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Jesse Wall

Print publication date: 2015

Print ISBN-13: 9780198727989

Published to Oxford Scholarship Online: August 2015

DOI: 10.1093/acprof:oso/9780198727989.001.0001

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(p.1) Introduction
Being and Owning

Jesse Wall

Oxford University Press

The introduction sets out the the rule that there is ‘no property in the human body’ and the growth of exceptions to it. The aim of the book, to determine the appropriate legal status of bodily material, is then explained, and its three inquiries introduced. The first inquiry concerns the distinction between ownership as a functional relationship between a person and thing, and the legal relationships between a rights-holder and duty-bearer that are constructed to protect ownership relationships, the second inquiry concerns an ambiguity in the body, and the third inquiry concerns a distinction between different sets, or spheres, of value. It then explains how individual chapters will address these questions, before setting out the parameters of the inquiry.

Keywords:   bodily material, ownership, rights-holder, duty-bearer, values, no property rule

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