S2. Ep. 4: Property Right In Human Beings

This episode is informally “Human Beings and Human Bodies”, it explores the complex legal and ethical questions surrounding the ownership and transfer of human interests, particularly those involving the human body. The chapter begins by examining the broader concept of “property rights” in human beings, specifically asking whether it is appropriate to use the language of property and market exchange to describe interests in the human body. The excerpt then delves into several specific issues, including the historical context of slavery in the Dred Scott case, the controversial topic of surrogacy contracts in the Baby M case, the legal complexities surrounding the disposition of frozen embryos in cases like Davis and Kass, and finally, the ownership rights in body parts as illustrated in the Moore case. Throughout the excerpt, the authors highlight the tension between competing rights, such as the right to procreate, the right to avoid procreation, and the right to bodily autonomy, and examine the implications of applying market principles to human interests. Ultimately, the excerpt serves as a framework for analysing the legal and ethical challenges associated with treating human interests as commodities, and encourages reflection on how the law should address these complex issues.

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