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tissue sources

International Journal of Law in Context (1)

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Regulation of bodily parts: understanding bodily parts as a duplex
Remigius N. Nwabueze
Journal:

International Journal of Law in Context / Volume 15 / Issue 4 / December 2019

Published online by Cambridge University Press:

04 July 2019, pp. 515-535
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The current law in England and Wales adopts a no-property approach to cadavers and separated bodily parts; paradoxically, it affords proprietary protection to tissue users at the expense of tissue sources. Non-proprietary frameworks hardly offer effective legal redress to tissue sources. Potentially, the law could offer tissue sources a mix of proprietary and non-proprietary remedies. Drawing from the work of the famous anthropologist, Marilyn Strathern, I argue that such a flexible and eclectic approach might be facilitated by the concept of duplex, an analytical tool that promotes divergent thinking and paradoxical conceptions of a given issue. I argue that while the no-property rule reflects a duplex on bodily parts, the duplex is narrow and ought to be conceptualised more broadly to cover the claims of tissue sources.