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Stepping back from the property line: a perspective from regulatory theory
1Melbourne Law School, University of Melbourne. c.dent@unimelb.edu.au
Journal of Law and Medicine
|March 7, 2014
Summary
Regulating human tissue use requires considering diverse stakeholder interests and multiple regulatory goals. A property regime is one option, but other strategies may be needed for comprehensive oversight.
Area of Science:
- Bioethics and Medical Law
- Human Tissue Regulation
- Regulatory Policy
Background:
- The excision and use of human tissue impact various populations with distinct interests.
- Existing regulatory frameworks address multiple subject matters and regulatory goals.
- Diverse strategies exist for achieving regulatory objectives in human tissue management.
Purpose of the Study:
- To outline a range of regulatory mechanisms for human tissue.
- To evaluate the efficacy of different regulatory approaches.
- To advocate for a broader consideration of regulatory strategies beyond property regimes.
Main Methods:
- Review and analysis of existing regulatory mechanisms for human tissue.
- Exploration of property regimes as a regulatory tool.
- Comparative assessment of various regulatory strategies.
Main Results:
- A property regime is identified as one of several potential regulatory methods.
- Multiple regulatory mechanisms and strategies can be employed.
- The complexity of human tissue regulation necessitates a multi-faceted approach.
Conclusions:
- A singular property regime may not adequately address all interests in human tissue use.
- Consideration of alternative and complementary regulatory strategies is essential.
- Effective regulation requires accommodating the diverse interests of all affected parties.
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