Davies and Naffine, ‘Are Persons Property? Legal Debates About Property and Personality’

ABSTRACT
Property and personality are both highly-debated legal concepts that have undergone considerable change and are still undergoing transformation. Both legal categories are philosophically controversial and legally difficult to define. Both have long and complex histories; both possess a very particular relation to social life. This book examines the extent to which these foundational components of jurisprudence in the liberal tradition continue to define law, our relationship to ourselves and to others, and the legal conception of the world at large.

Contents: 1. Persons as property: legal and philosophical debates – 2. From Dominium to ’thin air’: concepts of property – 3. The nature of legal personality: its history and its incidents – 4. Sex, reproduction and the self-proprietor – 5. Personality and property at the end of life: the will and the corpse – 6. Intellectual property in the person – 7. Owning the building blocks of life – 8. Persons beyond property?

Davies, Margaret and Naffine, Ngaire, Are Persons Property? Legal Debates About Property and Personality (February 2002).

First posted 2021-06-02 13:00:08

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