Any physical object or piece of real estate (which is, strictly speaking, a physical object) is technically "property". Trash is property. Mud is property. It's just that sometimes it doesn't belong to someone per se. For example, you can't say "that's my corpse!" and point to a dead person, show that you legally purchased it, etc. Well, it may be possible for Ancient Egyptian mummies. How does Scottish law treat the ownership of ancient mummies?
What I mean is that a corpse isn't even capable, in law, of being owned. That is a very different situation from simply happening to be ownerless for the time being, like trash. In any case, in Scotland there is no ownerless property (except wild animals) – anything without another owner belongs to the Crown as bona vacantia.
As for the USA, I refer you to Moore v Regents of the University of California 793 P 2d 479 (Cal. 1990):
John Moore, suffering from hairy cell leukaemia, had his spleen removed. Dr Golde discovered that cells from his spleen contained potentially beneficial properties. He developed a cell line from the spleen which he eventually sold for $15 million. The products produced as a result were said to be worth several billion dollars. His research on the spleen was carried out without Moore's consent or knowledge. Moore brought an action based on conversion, breach of fiduciary duty and informed consent. The Californian Supreme Court rejected the conversion claim declaring that there was no precedent on which to base a claim that people had property rights in their bodies and that it would be inappropriate for the law now to recognise one. To recognise one would cause difficulties: it would hinder medical research by restricting access to raw materials and lead to a ‘litigation lottery’. The prospect of patients ‘shopping around’ to find who would offer them the best price for their bodily parts or products was not an attractive one.
Re mummies: There is English authority that the application of skilful preservation techniques does make a corpse into property. While English property law is very different from Scots, the doctrine of specificatio may well have the same effect. (This is where you change something so much that it becomes a "new" object, like carving someone else's block of marble into a statue – the sculptor owns the statute but has to pay damages to the owner of the marble). But we won't know if this works until there's a case.
On that "wrongful life" point, I can guarantee you it would fail in a US court. If I remember correctly, something like two thirds of Americans would limit abortions in some way or another.
I'll trust your professional opinion on that one.
Vigilantibus non dormientibus jura subveniunt.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
—Nous disons en allemand : le guerre, le mort, le lune, alors que 'soleil' et 'amour' sont du sexe féminin : la soleil, la amour. La vie est neutre.
—La vie ? Neutre ? C'est très joli, et surtout très logique.
Some legal questions.
12/01/2011 06:16:23 PM
- 574 Views
Yes to both
12/01/2011 06:31:14 PM
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No and depends
12/01/2011 06:44:02 PM
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Re: No and depends
12/01/2011 07:01:35 PM
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Re: No and depends
13/01/2011 10:08:15 AM
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No and yes, because of the issue of consent.
12/01/2011 07:11:31 PM
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Only people can provide consent. Corpses are not people, just rotting meat. *NM*
12/01/2011 08:40:02 PM
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I suppose that's fair, but I wouldn't try selling it to the family.
12/01/2011 08:56:30 PM
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You're confusing two separate issues.
12/01/2011 09:01:55 PM
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I think the trauma to the familys could (and probably should) be considered criminal as well.
12/01/2011 09:07:57 PM
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How? Why?
12/01/2011 09:40:32 PM
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I thought the rights of next to kin were pretty generally recognized.
13/01/2011 09:54:39 PM
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And I certainly don't think consensual incest should brand someone a sexual predator for life.
12/01/2011 07:20:32 PM
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Some personal opinions in the form of answers.
12/01/2011 08:37:25 PM
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Re: Some personal opinions in the form of answers.
12/01/2011 11:01:50 PM
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Of course a corpse is property.
13/01/2011 05:27:34 AM
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Apparently it isn't, at least in California.
13/01/2011 09:35:29 AM
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no to both
12/01/2011 09:43:28 PM
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I'm afraid I'm struggling to see what your actual argument is.
12/01/2011 11:14:29 PM
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My argument is that society has the right to say some things are just wrong
13/01/2011 12:12:01 AM
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