Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/11369
Title: Question: How does the Common Law look at (a) the body and (b) property as it might relate to the body or body parts, cells or cellular information?
Contributor(s): Johnston, Adam (author); Martin, Paul  (supervisor); Page, John  (supervisor)
Conferred Date: 2011
Copyright Date: 2010
Open Access: Yes
Handle Link: https://hdl.handle.net/1959.11/11369
Abstract: Have you ever stopped to consider what happens to the blood, biopsy or similar sample you give in a hospital setting, or even in your doctor's surgery? In particular, have you ever stopped to ask: do I still own the sample? Probably, like most people, you would dismiss the question; you gave the sample for a diagnostic test and, your diagnosis is the extent of your interest in the sample's fate per sae. But how would your view change if, on closer examination of the consent form, your doctor had assumed all rights to your sample? Add to this the real possibility of the sample being added to a tissue bank at the hospital where you received treatment. Then assume that a researcher extracts part of your DNA from the sample, only to find that is has a valuable medical application; they earn millions in patent royalties, while you the patient get nothing directly in return. Judicial statements about the sanctity of the body, along with the insistence from most jurists that it may not be classified as property, suggest that the researcher does not own the tissue upon which they build their economic gain, but does this broad statement of principle meet the modern realities of gene science and commerce? While aiming to acknowledge and balance public and private interests, my principal objective with this thesis is to argue for an individual's property rights in their body.
Publication Type: Thesis Masters Research
Field of Research Codes: 180122 Legal Theory, Jurisprudence and Legal Interpretation
220199 Applied Ethics not elsewhere classified
Socio-Economic Outcome Codes: 970116 Expanding Knowledge through Studies of Human Society
920413 Social Structure and Health
Rights Statement: Copyright 2010 - Adam Johnston
HERDC Category Description: T1 Thesis - Masters Degree by Research
Statistics to Oct 2018: Visitors: 537
Views: 517
Downloads: 31
Appears in Collections:School of Law
Thesis Masters Research

Files in This Item:
10 files
File Description SizeFormat 
open/MARCXML.xmlMARCXML.xml3.01 kBUnknownView/Open
open/SOURCE03.pdfhidden41.58 kBAdobe PDF
Download Adobe
View/Open
open/SOURCE04.pdfhidden691.85 kBAdobe PDF
Download Adobe
View/Open
1 2 Next
Show full item record

Page view(s)

272
checked on Mar 5, 2019

Download(s)

138
checked on Mar 5, 2019
Google Media

Google ScholarTM

Check


Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.