Waste, ownership and bodily products

Journal/Book: Health Care Anal. 2000; 8: Spuiboulevard 50, PO Box 17, 3300 AA Dordrecht, Netherlands. Kluwer Academic Publ. 123-135.

Abstract: This paper considers the extent to which bodily parts and products can be legitimately regarded as ''waste'' in law and what are the legal consequences of regarding them in this manner. First, what is the approach of English law to bodily parts as property? Secondly, why is this an important legal issue? Thirdly, what do we mean when we say that something is ''waste'' and can bodily products/parts be classified as ''waste''? Fourthly, if the English courts are prepared to recognise bodily parts and products as property, then what are the legal consequences of regarding bodily products as ''waste'' and what problems may arise from such a legal conceptualisation? It is argued that these issues require a more measured considered approach to regulation than simply leaving them to ad hoc determination in the courts.

Note: Article McHale J, Univ Leicester, Fac Law, Leicester, Leics, ENGLAND

Keyword(s): waste; ownership; regulation; bodily parts and products

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