Chapter

Law, ethics, and human tissue research: integration or competition?

José Miola

in Human Tissue Research

Published in print March 2011 | ISBN: 9780199587551
Published online May 2011 | e-ISBN: 9780191725630 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199587551.003.0008
Law, ethics, and human tissue research: integration or competition?

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This chapter considers the legislative process that led to the passing of the Human Tissue Act 2004, which regulates the removal, retention, and use of human organs and tissue in England and Wales. It considers the factors that led to the perceived need for new legislation, and outlines the way in which the 2004 Act sought to solve the problems identified in the old law. However, the chapter further argues that the 2004 Act seeks to address not just a failure in law, but also a failure in medical ethics. It therefore also identifies and analyses the regulatory framework imposed by the new Act, which is intended to complement the law and ensure good practice, which the chapter argues to a degree imposes an ethical framework on medical practitioners.

Keywords: Human Tissue Act; human organs; human tissue; regulatory framework; medical law; medical ethics

Chapter.  4760 words. 

Subjects: Public Health and Epidemiology

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