McHale J
Faculty of Law, University of Leicester, UK.
Health Care Anal. 2000;8(2):123-35. doi: 10.1023/A:1009494327013.
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 conceptualization? 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.
本文探讨了身体部位和产物在法律上可被合理视为“废物”的程度,以及如此看待它们会产生哪些法律后果。首先,英国法律将身体部位视为财产的方式是什么?其次,为何这是一个重要的法律问题?第三,当我们说某物是“废物”时是什么意思,身体产物/部位能否被归类为“废物”?第四,如果英国法院准备承认身体部位和产物为财产,那么将身体产物视为“废物”会有哪些法律后果,以及这种法律概念化可能引发哪些问题?有人认为,对于这些问题,需要采取比单纯交由法院临时裁决更为审慎的监管方式。