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Policy formation & biomaterials

Priaulx, Nicolette Michelle 2014. Policy formation & biomaterials. Presented at: Evolution or Revolution? The Biomaterials Property Debate and Changing Ethical, Legal and Social Norms, Fondation Brocher, Geneva, Switzerland, 16-17 January 2014.

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Abstract

As part of the panel in the final session of the workshop which is dedicated to exploring "Where next for Human biomaterials?" Nicky discusses key themes relating to policy formation and endeavours to link to issues already highlighted in earlier papers in the workshop. Critical to her analysis is that while most advocate a new regulatory landscape for the governance of bodily materials, what form it should take and how that regulatory architecture should be designed and the extent to which the legislature or courts should be involved, remains unclear - and even the extent to which "property" should be the legal mechanic for such a rights-based framework. She argues that beyond concerns specifically with the "property" label and the conceptual baggage it brings, there are to Nicky's mind, five specific problems relating to policy formation *through the common law* which strongly points against policy-on-a-case-by-case/judicial fiat basis. Engaging examples from the courts' exploration of "property" in Yearworth, to cases involving (bitty) policy formation across a range of arguably related cases in medical law concerning biomaterials and reproductivity, Priaulx warns against centralising a torts/case law approach.

Item Type: Conference or Workshop Item (Paper)
Date Type: Completion
Status: Unpublished
Schools: Cardiff Centre for Ethics, Law and Society (CCELS)
Law
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
Funders: Fondation Brocher
Related URLs:
Last Modified: 04 Jun 2017 06:06
URI: http://orca.cf.ac.uk/id/eprint/56419

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