How does the Common Law Look at (a) the Body and (b) Property as it Might Relate to the Body or Body Parts, Cells or Cellular Information?

This thesis considers how the common law views the human body and, whether the law’s prohibition against ownership is consistent with modern economic and scientific reality. Large amounts of DNA are now held under patent. Despite the economic value of many patents, the overwhelming majority of cases show individuals have no claim over tissue removed from their person. However, with growing public disquiet and some recent case law suggesting a cautious shift in judicial thinking, this paper hypothesizes that an individual may have a limited property claim over a tissue sample they provided to a hospital or other research facility.