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Property and the human body: a proposal for posthumous conception
1eball@optusnet.com.au
Journal of Law and Medicine
|March 28, 2008
Summary
This article argues that applying property law concepts to posthumous conception and the human body is essential for addressing ethical concerns. It challenges the legal and bioethical opposition to this approach, highlighting its utility in capturing complex issues.
Area of Science:
- Law and Bioethics
- Property Law
- Human Body Ethics
Background:
- Current legal and bioethical frameworks often oppose applying property concepts to posthumous conception and the human body.
- This opposition overlooks the potential of property law to address complex social, moral, and ethical concerns.
Purpose of the Study:
- To challenge the prevailing opposition to applying property law concepts in posthumous conception and human body cases.
- To demonstrate how the language of property, as a 'web of interests,' can effectively capture and identify ethical issues.
Main Methods:
- Critical legal and bioethical analysis.
- Re-examination of the High Court of Australia's decision in Doodeward v Spence (1908).
Main Results:
- The concept of property, understood as a 'web of interests,' offers a valuable framework for analyzing posthumous conception and human body cases.
- Historical legal precedent supports the application of property concepts to such cases.
Conclusions:
- Applying property law principles to posthumous conception and the human body is crucial for a comprehensive ethical and legal approach.
- While property language captures the problem's entirety, quantifying competing interests remains a key challenge.
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