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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 January 2022

The Concept of Property Law

The Concept of Property Law

(p.111) 4 The Concept of Property Law
Being and Owning

Jesse Wall

Oxford University Press

This chapter aims to identify two ‘conceptual’ features of property rights and then consider how these features align with the right to bodily integrity. Property rights enable the rights-holder to exclude others from an object or resource, which thereby preserves an open-ended set of activities with regards to the object or resource. Property rights also enable preferences and choices that can exist independently of the particular rights-holder. The right to bodily integrity is akin to property rights insofar as the right is also an exclusive right, but differs from property rights as the right to bodily integrity enables preferences and choices that cannot exist independently of the rights-holder. The extent to which the right to bodily integrity differs from property rights in this regard depends on the (first-person or third-person) perspective of the body.

Keywords:   property rights, right to bodily integrity, exclusion strategy, governance strategy, separability thesis, contingent rights, non-contingent rights, property for personhood, first-person, third-person perspective

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