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Bodily Rights and Property Rights

B. Björkman and S. O. Hansson
Journal of Medical Ethics
Vol. 32, No. 4 (Apr., 2006), pp. 209-214
Published by: BMJ
Stable URL: http://www.jstor.org/stable/27719607
Page Count: 6
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Since scans are not currently available to screen readers, please contact JSTOR User Support for access. We'll provide a PDF copy for your screen reader.
Bodily Rights and Property Rights
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Abstract

Whereas previous discussions on ownership of biological material have been much informed by the natural rights tradition, insufficient attention has been paid to the strand in liberal political theory represented by Felix Cohen, Tony Honoré, and others, which treats property relations as socially constructed bundles of rights. In accordance with that tradition, we propose that the primary normative issue is what combination of rights a person should have to a particular item of biological material. Whether that bundle qualifies to be called "property" or "ownership" is a secondary, terminological issue. We suggest five principles of bodily rights and show how they can be applied to the construction of ethically appropriate bundles of rights to biological material.

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