Relevant bibliographies by topics / Human body $x Law and legislation

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Human body $x Law and legislation'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Human body $x Law and legislation"

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Skene, Loane. "Proprietary rights in human bodies, body parts and tissue: regulatory contexts and proposals for new laws." Legal Studies 22, no. 1 (March 2002): 102–27. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00581.x.

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This paper examines the law on the proprietary rights of people in respect of their bodies, body parts and tissue. Proprietary rights include rights of ownership and control, The paper argues that the context in which judicial decisions are made and policy recommendations are developed sometimes results in a patchwork of legal principles. Being aware of the context in which different aspects of the law have been developed enables us to understand why principles have been developed, what is needed to reconcile them and how we can establish a coherent regulatory regime. The paper then proposes such a scheme to deal with property and control rights in this area. It argues that people (or the personal representatives of people who have died) should have a personal autonomy right to be consulted about the use of their corpse or their excised body parts or tissue in teaching, research and commercialisation of biological inventions, and to refuse or to impose conditions. They should not, however, have a right of ultimate ownership in their corpse, body parts or tissue, except for the limited right of personal representatives to gain possession of bodies and body parts of people who have died for burial or cremation if they so wish. That right should not extend to tissue preserved on slides, in paraffin wax or similar format. That tissue should be subject to proprietary interests in favour only of the hospital, research institute, its staff or the people to whom they transfer it. The same rule should apply to bodies or body parts held by a hospital or research institute with the consent of the person concerned, though the bodies or body parts may ultimately have to be returned for burial or cremation. Tissue removed under a statutory requirement without consent, such as for coronial investigation or forensic tests, should be used only for the purposes prescribed by the relevant legislation.
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Peiris, G. L. "Legal protection of human rights: the contemporary Canadian experience." Legal Studies 5, no. 3 (November 1985): 261–95. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00327.x.

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The incorporation of the Charter of Rights and Freedoms in the Constitution Act, 1982, marks a decisive development in the legal entrenchment of human rights in Canada. This contemporary experiment in the protection of fundamental rights by the constitutional limitation of legislative power, and in particular the social priorities established by the Charter and the delicate balancing of interests and values inherent in its provisions, offer useful insights into the viability of mechanisms associated with an enforceable bill of rights within the framework of a modern federal state. Of even greater interest, in the context of multi-racial and multi-religious communities in the modern Commonwealth, is the recent body of case law in the shaping of which Canadian judges have shown perception in imparting effectiveness to guarantees embodied in the Charter, while being acutely aware of the risk of exacerbating tensions with the legislative and administrative organs of government.
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Edwards, Richard A. "Reading down legislation under the Human Rights Act." Legal Studies 20, no. 3 (September 2000): 353–71. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00148.x.

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The purpose of this article is to examine the nature and potential impact of s 3 of the Human Rights Act 1998. The article draws upon the experience of courts in other Commonwealth jurisdictions which operate a similar provisions. The author analyses the nature of the interpretative technique, reading down, that s 3 requires and illustrates its potential by reference to a number of situations involving statutory imperfections such as ambiguity and overbreadth. The author also outlines the impact that s 3 may have on the exercise of statutory discretion. The author further argues that reading down should not be confused with more intrusive remedies, such as reading in, which are not available under the Human Rights Act.
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Zhiyong, Zhao. "The Human Body in the Regime of Chinese Cultural Heritage Law." Santander Art and Culture Law Review, no. 2 (6) (2020): 339–54. http://dx.doi.org/10.4467/2450050xsnr.20.023.13026.

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For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural heritage (ICH). On the other hand, it concerns the human body beyond the living person, protected as tangible heritage or cultural property. This article analyses these diverse dimensions of the human body under Chinese legislation on the protection of cultural relics and for the safeguarding of intangible cultural heritage, taking into consideration the respect for human dignity. In this regard, it offers a cross-cutting overview of the ethical and legal challenges surrounding the management and regulation of human remains.
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Finnie, Wilson. "Anti-Terrorist Legislation and the European Convention on Human Rights." Modern Law Review 54, no. 2 (March 1991): 288–93. http://dx.doi.org/10.1111/j.1468-2230.1991.tb02654.x.

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Gearty, Conor. "Terrorism and human rights: a case study in impending legal realities." Legal Studies 19, no. 3 (September 1999): 367–79. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00100.x.

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This article critically appraises the UK government's recently published Consultation Paper on the future of the anti-terrorism laws. The author considers the likely effect of the Human Rights Act 1998 on the impact of any legislation that might flow from the government's proposals. The interaction between human rights law and anti-terrorism legislation provides a useful case study of the likely effects of incorporating the European Convention on Human Rights into domestic law. The author argues that many of these effects have not been anticipated by the drafters of the anti-terrorism proposals, with the result that many of their suggested changes to the law will be vulnerable to legal challenge if not sharply modified before enactment. The author concludes by considering the likelihood that, over time, successive governments will learn to tailor their legislation to the requirements of the Convention, even in the anti-terrorism field, but that in the short-term a period of legislative instability is to be expected.
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Herdegenm, Matthias. "Patents on Parts of the Human Body." Journal of World Intellectual Property 5, no. 2 (November 1, 2005): 145–56. http://dx.doi.org/10.1111/j.1747-1796.2002.tb00154.x.

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McBain, Graham. "Abolishing obsolete legislation on crimes and criminal procedure." Legal Studies 31, no. 1 (March 2011): 96–118. http://dx.doi.org/10.1111/j.1748-121x.2010.00170.x.

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The English criminal law has not moved with the times – nor with the increasing emphasis on human rights. Legislation still extant goes back nearly 700 years and is barely intelligible. This paper analyses antiquated criminal and criminal procedure legislation and asserts it should be repealed, being superceded by more modern enactments. It also argues for the consolidation of all criminal (and criminal procedure) legislation for the period 1313–1960 into one Act of around 300 sections. This task would not be complex.
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Feldman, David. "The Human Rights Act 1998 and constitutional principles." Legal Studies 19, no. 2 (June 1999): 165–206. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00091.x.

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The article assesses the interaction between the United Kingdom's traditional constitutional principles and the innovative Human Rights Act 1998, which introduces a range of substantive, constitutional values through ‘Convention rights. These values are compatible with collective as well as individual interests, and the scheme of the Act accommodates existing constitutional principles. The Act should therefore generate evolutionary rather than revolutionary change. The limited measure of judicial review of primary legislation should not threaten parliamentary sovereignty. In its technical detail the Act represents a small step beyond the principle of dualism of national and international law, subtly affecting national sovereignty and influencing the research agenda of legal practitioners and academics. The main constitutional effect of the Act, however, will be to bolster Rule of Law principles, with new remedies focusing attention on the notion of equality before the law and putting the conceptual distinction between public and private law under increasing pressure.
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BRAITHWAITE, VALERIE. "The Australian Government's Affirmative Action Legislation: Achieving Social Change Through Human Resource Management." Law & Policy 15, no. 4 (October 1993): 327–54. http://dx.doi.org/10.1111/j.1467-9930.1993.tb00112.x.

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Dissertations / Theses on the topic "Human body $x Law and legislation"

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Letendre, Martin. "Research with stored tissue samples of deceased persons : a North American perspective." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.

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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.
The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.
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Santos, Arthur Deucher Figueiredo. "Liberdade de expressão artística e a disposição sobre o corpo humano." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21327.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-08-09T12:33:20Z No. of bitstreams: 1 Arthur Deucher Figueiredo Santos.pdf: 712842 bytes, checksum: d7b1013d73a0d63bdca3ec7ec874b762 (MD5)
Made available in DSpace on 2018-08-09T12:33:20Z (GMT). No. of bitstreams: 1 Arthur Deucher Figueiredo Santos.pdf: 712842 bytes, checksum: d7b1013d73a0d63bdca3ec7ec874b762 (MD5) Previous issue date: 2018-06-27
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Two themes surround the purpose of this work: the freedom of artistic expression (or artistic freedom) and the disposition of the human body. Both are very problematic. What is proposed is the analysis of the dialogue between these two questions: how should freedom of artistic expression be applied when applied at the disposition of the human body? Does artistic freedom strengthen such provision by broadening the range of possibilities for doing so? In this sense, the fundamental problem to be discussed in this work is whether the infra-constitutional legal order, especially the art. 13 of the Civil Code, is up to the constitutional text to regulate such sensitive subject. In order to do so, I seek to understand the outlines of artistic freedom in the legal order, its application in the Federal Supreme Court, as well as the free development of the individual and the creation of his identity, in the context of corporal disposition. In this sense, the theoretical study of liberties in general, freedom of expression, freedom of artistic expression, the phenomenon of the constitutionalization of private law, existential subjective situations, personality rights, private autonomy and the fundamental rights. Thereby, I seek to provide an adequate answer to the problem proposed in this study and to verify the appropriateness or not of the infraconstitutional rule of artistic freedom applied to the corporal disposition
Dois temas cercam o objetivo deste trabalho: a liberdade de expressão artística (ou liberdade artística) e a disposição do corpo humano (ou direito ao próprio corpo). Ambos são, por si só, problemáticos. O que se propõe é a análise do diálogo entre essas duas questões: como se deve operar a liberdade de expressão artística quando aplicada à disposição do corpo humano? A liberdade artística potencializa referida disposição, ampliando o leque de possibilidades para fazê-lo? Nesse sentido, o problema fundamental a ser discutido neste trabalho é saber se o ordenamento jurídico infraconstitucional, em especial o art. 13 do Código Civil, encontra-se à altura do texto constitucional para regular tão sensível tema. Para tanto, procuro compreender os contornos da liberdade artística no ordenamento jurídico, sua aplicação no Supremo Tribunal Federal, bem como o livre desenvolvimento da pessoa humana e a criação de sua identidade, no contexto de disposição corporal. Nesse sentido, parto do estudo teórico das liberdades em geral, da liberdade de expressão, da liberdade de expressão artística, do fenômeno da constitucionalização do direito privado, das situações subjetivas existenciais, dos direitos da personalidade, da autonomia privada e da vinculação dos particulares a direitos fundamentais. Com isso, busco fornecer uma resposta adequada ao problema proposto neste trabalho e verificar a adequação ou não do regramento infraconstitucional da liberdade artística aplicada à disposição corporal
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Books on the topic "Human body $x Law and legislation"

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Dijon, Xavier. La raison du corps. Bruxelles: Éditions Bruylant, 2014.

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Meyers, David W. The human body and the law. 2nd ed. Stanford, Calif: Stanford University Press, 1990.

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Hoppe, Nils. Bioequity: Property and the human body. Farnham, Surrey: Ashgate Pub., 2009.

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Hoppe, Nils. Bioequity: Property and the human body. Farnham, Surrey, England: Ashgate Pub., 2009.

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Bioequity: Property and the human body. Farnham, Surrey, England: Ashgate Pub., 2009.

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Bodies of law. Princeton, N.J: Princeton University Press, 1997.

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Lahalle, Thibault. La qualification juridique du corps humain. Lille: Atelier National de Reproduction des thèsis (ANRT), 2004.

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Moine, Isabelle. Les choses hors commerce: Une approche de la personne humaine juridique. Paris: L.G.D.J., 1997.

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Le physique de la personne. Paris: Economica, 1986.

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Prieur, Stéphane. La disposition par l'individu de son corps. Bordeaux: Les Études hospitalières, 1999.

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Book chapters on the topic "Human body $x Law and legislation"

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Sterckx, Sigrid, and Julian Cockbain. "The Natural, the Informational, the Claimable? Human Body Material in US and European Patent Law." In Symbolic Legislation Theory and Developments in Biolaw, 215–36. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33365-6_13.

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Lalova, Teodora, Anastassia Negrouk, Laurent Dollé, Sofie Bekaert, Annelies Debucquoy, Jean-Jacques Derèze, Peggy Valcke, Els J. Kindt, and Isabelle Huys. "An Overview of Belgian Legislation Applicable to Biobank Research and Its Interplay with Data Protection Rules." In GDPR and Biobanking, 187–213. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_10.

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AbstractThis contribution aims to present in a clear and concise manner the intricate legal framework for biobank research in Belgium. In Part 1, we describe the Belgian biobank infrastructure, with a focus on the concept of biobank. In Part 2, we provide an overview of the applicable legal framework, namely the Act of 19 December 2008 on Human Body Material (HBM), and its amendments. Attention is given to an essential piece of self-regulation, namely the Compendium on biobanks issued by the Federal Agency on Medicine Products and Health (FAMPH). Furthermore, we delineate the interplay with relevant data protection rules. Part 3 is dedicated to the main research oversight bodies in the field of biobanking. In Part 4, we provides several examples of the ‘law in context’. In particular, we discuss issues pertaining to presumed consent, processing of personal data associated with HBM, and information provided to the donor of HBM. Finally, Part 5 and 6 addresses the impact of the EU General Data Protection Regulation (GDPR), suggests lines for further research, and outline the future possibilities for biobanking in Belgium.
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Loveland, Ian. "5. The House of Commons." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804680.003.0005.

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This chapter examines the relationship between the government and the legislature, in order to develop arguments concerning the doctrines of parliamentary sovereignty and the separation of powers within the contemporary constitution. It argues that, for most of the modern era, the House of Commons has been a body in which party politics is the dominant determinant both in the legislative process and in respect of executive accountability. The house is manifestly now a factional rather than national assembly for most purposes. But it would be premature to conclude that the constitution permits factional concerns to determine both the content of legislation and the parliamentary accountability of government behaviour.
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Loveland, Ian. "5. The House of Commons." In Constitutional Law, Administrative Law, and Human Rights, 105–34. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198860129.003.0005.

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This chapter examines the relationship between the government and the House of Commons, in order further to develop arguments concerning the doctrines of parliamentary sovereignty and the separation of powers within the contemporary constitution. Consideration is given both to the role played by the House of Commons within the legislative process and its effectiveness as a means to provide scrutiny of and challenges to the ways in which the government exercises its statutory and prerogative powers. The chapter argues that, for most of the modern era, the House of Commons has been a body in which party politics is the dominant determinant both in the legislative process and in respect of executive accountability and asks if we should accept that the Commons is manifestly now a factional rather than national assembly for most purposes. But it is also suggested that it would be premature to conclude that the constitution permits factional concerns to determine both the content of legislation and the parliamentary accountability of government behaviour.
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Gaeta, Paola, Jorge E. Viñuales, and Salvatore Zappalà. "3. The Fundamental Principles Governing International Relations." In Cassese's International Law, 45–76. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780199231287.003.0003.

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This chapter discusses the fundamental principles governing international relations. The principles represent the fundamental set of standards on which States are united and which allow a degree of relatively smooth international dealings. They make up the apex of the whole body of international legislation. They constitute overriding legal standards that may be regarded as the constitutional principles of the international community. These principles are: the sovereign equality of States; the principle of non-intervention in internal affairs; the prohibition of the threat or use of force; peaceful settlement of international disputes; the duty to co-operate; the principle of good faith; self-determination of peoples; respect for human rights; and the prevention of significant environmental harm. The discussions then turn to the distinguishing traits of the fundamental principles and the close link between the principles and the need for their co-ordination.
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William E, Butler. "7 International Treaties in Russian Judicial and Arbitral Practice." In International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.003.0008.

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This chapter explores the role of Soviet and post-Soviet Russian courts in interpreting and applying international treaties. It is clear that Soviet courts dealt more frequently with treaties than the scanty published judicial practice of that period suggests. This early body of treaties may also have contributed to the emergence in the early 1960s of priority being accorded to Soviet treaties insofar as they contained rules providing otherwise than Soviet legislation. Whatever the volume of cases involving treaties that were considered by Soviet courts prior to 1991, the inclusion of Article 15(4) in the 1993 Russian Constitution transformed the situation. A further transformation occurred when the Russian Federation acceded to the 1950 European Convention on Human Rights and Fundamental Freedoms and began to participate in the deliberations of the European Court for Human Rights in Strasbourg.
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Webley, Lisa, and Harriet Samuels. "4. The Rule of Law." In Complete Public Law, 75–113. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853183.003.0004.

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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter explains the meaning and significance of the rule of law, briefly tracing the history of the rule of law and considering the main similarities and differences between various theories of the rule of law. It then assesses the impact of recent legal reforms on the operations of the rule of law in the UK. These reforms include the extension of detention without trial; the developing body of anti-terror legislation; and the Constitutional Reform Act 2005, which reinforces the importance of the independence of the judiciary and puts measures in place to attempt to strengthen the separation of the courts from the other arms of the state. Finally, the chapter discusses judicial interpretation of the rule of law through a selection of cases that have examined the legality, irrationality, or procedural impropriety of the actions of the executive or public bodies and whether their actions conform to the Human Rights Act 1998.
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Wilson, Steve, Helen Rutherford, Tony Storey, Natalie Wortley, and Birju Kotecha. "7. Human rights in the United Kingdom." In English Legal System, 255–92. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853800.003.0007.

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This chapter considers the European Convention on Human Rights (ECHR) and its relationship to the English legal system. The focus in the chapter is on key provisions of the Human Rights Act 1998—the Act that incorporated the Convention into UK law. In the earlier part of the chapter there is coverage of sections 2, 3, and 4 of the Act. These provisions concern the duties placed on the courts to take into account judgments of the European Court of Human Rights, to interpret domestic legislation so as to comply with rights under the Convention, and finally to issue a declaration of incompatibility when domestic legislation does not comply with rights under the Convention. Using examples from the case law, the chapter assesses how the courts balance their constitutional role to respect the supremacy of Parliament, with the duties provided in the Act to respect rights under the Convention. There is also an analysis of s.6 of the Human Rights Act 1998 which makes it unlawful for a public authority to act incompatibly with Convention rights. The analysis includes the contested question of what precisely constitutes a ‘public authority’, particularly when a private body is carrying out a public function.
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Waltman, Max. "Legislative Attempts, 1983–1988." In Pornography, 239–59. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197598535.003.0007.

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The chapter compares Canadian and U.S. legislative challenges. It delineates the 1983–1985 Canadian Fraser Committee’s liberal-conservative compromise, which rejected the women’s movement’s evidence-based demands that called for a civil rights approach like that endorsed by the U.S. Attorney General’s Commission. The minor, incremental change of the Fraser Committee’s recommendations is examined: the similarity to existing obscenity law and the reliance on general human rights legislation, as opposed to adopting specific legal measures that would recognize the intersectional grounds necessary to empower those victimized. Likewise, significant parliamentary attempts in 1986–1988 to reform Canadian obscenity law are assessed, including flaws such as “body-parts” definitional approaches that fail to acknowledge the context of subordination and various potentially overbroad provisions or loopholes. The chapter concludes that by contrast to its U.S. counterpart, the Canadian feminist anti-pornography movement lacked sufficient focus or political influence to impact legislative deliberations in the desired direction.
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"4.3 The internal layout of legislation: a statute There is a standard method of laying out statutes which, when recognised and understood, becomes a great help for analysis or evaluation. Most large statutes will be divided into parts for ease of reference. Each part will deal with different aspects of the overall collection of rules and their meanings. Each part contains sections which give more details in each area. Where appropriate, sections will deal with definitions. Sections can be further divided with the use of arabic numerals into sub-sections. Sub-sections are capable of further division, with the use of roman numerals, into paragraphs. Paragraphs can be further divided with alphabetical ordering into sub-paragraphs. At the end of the statute, there will often be schedules and these are numerically divided as well. These deal further with matters raised in the various parts. Schedules can only relate to previous sections in the Act. They cannot create anything new without an anchoring in the main body of the statute. All statutes also contain marginal notes, headings and sub-headings. These organising devices, however, are said not to form part of the law. Correct understanding of the relationship between parts, sections, sub-sections, paragraphs, sub-paragraphs, marginal notes, headings and schedules enables the general layout of the Act to be ascertained. Assistance is also obtained from the ‘long title’ of the Act, which looks more like a long sentence about what the statute is about! Central to the analysis of statutes is the ability to understand these intratextual relationships. Figure 3.8, below, sets out the general layout of statutes and Figure 3.9, below, is an annotated first page of the Human Rights Act. Figure 3.8: general layout of statutes." In Legal Method and Reasoning, 56. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-42.

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