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The Future of BioethicsInternational Dialogues$
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Akira Akabayashi

Print publication date: 2014

Print ISBN-13: 9780199682676

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199682676.001.0001

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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: 24 October 2021

Primary Topic Article

Primary Topic Article

Redefining Property in Human Body Parts: An Ethical Enquiry

Chapter:
(p.235) 6.1 Primary Topic Article
Source:
The Future of Bioethics
Author(s):

Benjamin Capps

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199682676.003.0027

Legal property in human cells and tissues is subject to the reasoning of Moore (1998). John Moore’s claim that he had property in the cells taken from his body without his consent was rejected; but in doing so, this set up the curious circumstance in which no one can own the cells removed from their own body, yet anyone else who is capable of applying skill to them can. In this paper, the author takes another look at the Judges’ ethical reasoning, and cast new critical light upon it in respect to a UK Case - Yearworth (2009). At the time (and this reasoning has stuck in legal argumentation since), Moore’s claim was rejected because of the expected utility of commercial interests. Yearworth, however, confirms the donor’s right to control access and use of his or her cells. The author sustains this reasoning to argue that it is now necessary to recognise the implications of routine cell and tissue appropriation for the source because of the risks of non-consensual transference of property. This is an important and different tack, because a future of commercialised body parts will open up complex relationships requiring solutions beyond those offered by Moore.

Keywords:   Property, Cells and tissues, Moore, Yearworth, Rights, utilitarianism

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