{"title":"The special case of property rights in umbilical cord blood for transplantation.","authors":"S R Munzer","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>In this Article, Professor Stephen R. Munzer makes a case for limited property rights in umbilical cord blood. Professor Munzer proposes that the unique nature of cord blood distinguishes it from body wastes and qualifies it as a body part in which property rights vest. Employing a theory of property, based in part on the articulation of the principles of utility and efficiency, justice and equality, and \"labor-desert,\" he explores legal and philosophical arguments that justify the acknowledgment of such rights. He also discusses concerns over alleged generous granting of patents in the area of cord blood stem cells in light of these principles. Significant aspects of health policy are explored with particular focus on the potential value of using cord blood to treat various diseases and disorders. Professor Munzer discusses various difficult cases involving the exercise of property rights in umbilical cord blood with respect to the interests and/or motives of newborns, parents, and other parties. He argues that some of the concerns associated with the commercialization and commodification of cord blood are not serious enough to warrant significant barriers to market exchanges of property rights in cord blood. In addition, he concludes that the particular nature and harvesting of cord blood do not make its commodification morally problematic. Finally, Professor Munzer reinforces his treatment of property rights in cord blood by addressing objections that view property as \"propriety,\" as a pragmatic institution, or as social relations.</p>","PeriodicalId":82623,"journal":{"name":"Rutgers law review","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Rutgers law review","FirstCategoryId":"1085","ListUrlMain":"","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
In this Article, Professor Stephen R. Munzer makes a case for limited property rights in umbilical cord blood. Professor Munzer proposes that the unique nature of cord blood distinguishes it from body wastes and qualifies it as a body part in which property rights vest. Employing a theory of property, based in part on the articulation of the principles of utility and efficiency, justice and equality, and "labor-desert," he explores legal and philosophical arguments that justify the acknowledgment of such rights. He also discusses concerns over alleged generous granting of patents in the area of cord blood stem cells in light of these principles. Significant aspects of health policy are explored with particular focus on the potential value of using cord blood to treat various diseases and disorders. Professor Munzer discusses various difficult cases involving the exercise of property rights in umbilical cord blood with respect to the interests and/or motives of newborns, parents, and other parties. He argues that some of the concerns associated with the commercialization and commodification of cord blood are not serious enough to warrant significant barriers to market exchanges of property rights in cord blood. In addition, he concludes that the particular nature and harvesting of cord blood do not make its commodification morally problematic. Finally, Professor Munzer reinforces his treatment of property rights in cord blood by addressing objections that view property as "propriety," as a pragmatic institution, or as social relations.
在这篇文章中,Stephen R. Munzer教授提出了一个关于脐带血有限产权的案例。Munzer教授提出,脐带血的独特性质将其与人体废物区分开来,并使其成为具有产权的身体部位。他运用部分基于效用和效率、正义和平等以及“劳动荒漠”原则的财产理论,探讨了为承认这些权利辩护的法律和哲学论点。根据这些原则,他还讨论了对所谓的脐带血干细胞领域慷慨授予专利的担忧。探讨了卫生政策的重要方面,特别侧重于使用脐带血治疗各种疾病和失调的潜在价值。Munzer教授讨论了各种涉及脐带血产权行使的疑难案例,涉及新生儿、父母和其他各方的利益和/或动机。他认为,与脐带血商业化和商品化有关的一些关切还不够严重,不足以对脐带血产权的市场交换设置重大障碍。此外,他得出结论,脐带血的特殊性质和采收不会使其商品化在道德上存在问题。最后,Munzer教授强调了他对脐带血产权的处理,他提出了一些反对意见,认为财产是“适当的”,是一种实用的制度,或者是一种社会关系。