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Contribution to Book
Theoretical approaches to human dignity, human rights and surrogacy
Surrogacy, Law and Human Rights (2015)
  • Kate Galloway, James Cook University
Abstract
Legal regulation of transactions in the human body is in one sense a new phenomenon. Traditionally, in seeking to delineate between what is human and what is not, the common law has sought to exclude the human body from its conceptualization of transactions as involving commodities. This approach theoretically avoids the potential for a human to become the very antithesis of personhood: namely property. From this perspective, bodily transactions that are now routine, including organ transplants, assisted reproduction and surrogacy, present a challenge for the law. 
 On the other hand, property itself is a construct of its time and the society in which it exists. The exclusion of humans and their bodies from regulatory frameworks had depended upon who is within the law and who is homo sacer (outside the law), and how social custom perceives the body from time to time. For example, at one end of a spectrum of bodily transactions, slavery was actively practised in England until the late eighteenth century. Slavery is now completely prohibited within an international human rights framework. Far more recently, the bodies of children and women have been under the control of the head of the household, the pater familias, and the paternalistic state. 
Disciplines
Publication Date
2015
Editor
P. Gerber, & K. O’Byrne
Publisher
Ashgate Publishing Ltd
ISBN
9781472451248
Publisher Statement
Citation only

Gallowy, K. (2015).  Theoretical Approaches to Human Dignity, Human Rights and Surrogacy. In P. Gerber, & K. O’Byrne (Eds.), Surrogacy, Law and Human Rights (13-29). Surrey, UK: Ashgate Publishing Ltd

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© Copyright, Paula Gerber, Katie O'Byrne and the contributors, 2015

Citation Information
Kate Galloway. "Theoretical approaches to human dignity, human rights and surrogacy" Surrey, UKSurrogacy, Law and Human Rights (2015) p. 13 - 29
Available at: http://works.bepress.com/kate-galloway/2/