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Episode #72 The Social Contract
Bodily rights and property rights
"Whereas previous discussions on ownership of biological material have been much informed by the natural rights tradition, insufficient attention has been paid to the strand in liberal political theory represented by Felix Cohen, Tony Honoré, and others, which treats property relations as socially constructed bundles of rights. In accordance with that tradition, we propose that the primary normative issue is what combination of rights a person should have to a particular item of biological material. Whether that bundle qualifies to be called “property” or “ownership” is a secondary, terminological issue. We suggest five principles of bodily rights and show how they can be applied to the construction of ethically appropriate bundles of rights to biological material."
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2565785/
Bundle of Rights
https://en.wikipedia.org/wiki/Bundle_of_rights
Social Contract
https://en.wikipedia.org/wiki/Social_contract
In Congress, July 4, 1776
"The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another... "
https://www.archives.gov/founding-docs/declaration-transcript
What is PHI?
PHI stands for Protected Health Information.
The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.
https://www.hhs.gov/answers/hipaa/what-is-phi/index.html
1 U.S. Code § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant
https://www.law.cornell.edu/uscode/text/1/8
Zygote (boat/ARK)
https://en.wikipedia.org/wiki/Zygote
Feto-Maternal Placenta (Stranded vessel/Island)
https://www.med.umich.edu/lrc/coursepages/m1/embryology/embryo/06placenta.htm
Tertium Quid
https://en.wikipedia.org/wiki/Tertium_quid
18 U.S. Code § 1658 - Plunder of distressed vessel
https://www.law.cornell.edu/uscode/text/18/1658
Norm
https://www.merriam-webster.com/dictionary/norm
War
https://www.merriam-webster.com/dictionary/war
"Status quo ante bellum"
https://en.wikipedia.org/wiki/Status_quo_ante_bellum
Transgression
https://www.merriam-webster.com/dictionary/transgression
Grace
https://www.merriam-webster.com/dictionary/grace
"No fiction shall extend to work an injury. its proper operation being to prevent a mischief or remedy an inconvenience which might result from the general rule of law."
- Blackstone's Commentaries
View all episodes
By Kurtis R.Bodily rights and property rights
"Whereas previous discussions on ownership of biological material have been much informed by the natural rights tradition, insufficient attention has been paid to the strand in liberal political theory represented by Felix Cohen, Tony Honoré, and others, which treats property relations as socially constructed bundles of rights. In accordance with that tradition, we propose that the primary normative issue is what combination of rights a person should have to a particular item of biological material. Whether that bundle qualifies to be called “property” or “ownership” is a secondary, terminological issue. We suggest five principles of bodily rights and show how they can be applied to the construction of ethically appropriate bundles of rights to biological material."
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2565785/
Bundle of Rights
https://en.wikipedia.org/wiki/Bundle_of_rights
Social Contract
https://en.wikipedia.org/wiki/Social_contract
In Congress, July 4, 1776
"The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another... "
https://www.archives.gov/founding-docs/declaration-transcript
What is PHI?
PHI stands for Protected Health Information.
The HIPAA Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information.
https://www.hhs.gov/answers/hipaa/what-is-phi/index.html
1 U.S. Code § 8 - “Person”, “human being”, “child”, and “individual” as including born-alive infant
https://www.law.cornell.edu/uscode/text/1/8
Zygote (boat/ARK)
https://en.wikipedia.org/wiki/Zygote
Feto-Maternal Placenta (Stranded vessel/Island)
https://www.med.umich.edu/lrc/coursepages/m1/embryology/embryo/06placenta.htm
Tertium Quid
https://en.wikipedia.org/wiki/Tertium_quid
18 U.S. Code § 1658 - Plunder of distressed vessel
https://www.law.cornell.edu/uscode/text/18/1658
Norm
https://www.merriam-webster.com/dictionary/norm
War
https://www.merriam-webster.com/dictionary/war
"Status quo ante bellum"
https://en.wikipedia.org/wiki/Status_quo_ante_bellum
Transgression
https://www.merriam-webster.com/dictionary/transgression
Grace
https://www.merriam-webster.com/dictionary/grace
"No fiction shall extend to work an injury. its proper operation being to prevent a mischief or remedy an inconvenience which might result from the general rule of law."
- Blackstone's Commentaries