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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: 29 November 2021

Conclusion

Conclusion

Chapter:
(p.211) Conclusion
Source:
Being and Owning
Author(s):

Jesse Wall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727989.003.0008

The conclusion gives the history of the 'no property rule' relating to the human body and its parts, and the implications thereof. The inadequacies of the law in providing protection to entitlements to bodily material meant that exceptions have emerged. These exceptions incorporated both Lockean and Hegelian reasoning. The result is a property law that is unusually ambiguous. Finally, the conclusion sets out the aim of the book's recommendations: to attempt to resist the coupling of the exclusionary boundary with contingency rights in the law that applies to the use and storage of bodily material.

Keywords:   bodily material, property law, Locke, Hegel, contingency rights, rights-holder

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