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Philosophy objectification of the human body in civil jurisprudence A comparative study with Islamic jurisprudence | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 1, Volume 1, Issue 3, 2012, Pages 1-96 PDF (1.87 M) | ||
| Author | ||
| Thanoon Y. Saleh | ||
| Abstract | ||
| Abstract Has been money for several centuries the focus of legal jurisprudence in private law and public did not receive the human body of legal protection only through liability rules or illegal act, which is certainly legal protection subsequent to the occurrence of abuse on the one hand, and protection in the face of aggression of others on the other. In the twentieth century, specifically in the middle of it, opened the doors wide scientific progress in several areas, especially in the medical field, new horizons will delight rights and providing the requirements of healthy life in terms of physical health and mental health alike. While this progress risks, where he became a human body shop to handle in terms of its components, as members can philosophy objectify human idea espoused some of the civil jurisprudence and include the introduction of the human body within the range of things, as is well known to us that objects legal divided into two sections: one variety of people, and the other range of funds, the person is the owner of natural right, and is replaced right thing and confer this description or that any legal entity enter under the umbrella of the legal regulation of any of the two systems. If a person falls within the range of people beyond legal personality granted law them and recognized the latter of which that every living person even if the disappearance of perception, they prove to the sane and the insane and young child a distinctive or he uncharacteristically and then it will be his personal legal have authority to acquire the right and replace the commitments. If this fact is now recognized in civil jurisprudence, there is a dispute about the nature of the human body does follow body owner and then be a part of his personality, which means enter the human body within the range of the rights inherent in or inherent personality or that the human body is different from someone owner and then take out the human body from a wide rights inherent or inherent personality? Goes the majority of civil jurisprudence that the right human body falls within the range rights inherent or inherent personality though the human body is no different from the owner, but followed, but some comes out the human body from a wide rights inherent character and then take out the human body from the circle of persons and attached to the range things, and despite the fact that this philosophy of Western ideas but advocates a created a justification for linguistic supported justifications legal attempted through objectification human body and passport procedure legal actions it with such financial So required of us search in this study that the subject required treatment side of the general problem and is a significant attempt to objectify the human body as an idea if what was recognized specialists will face serious legal problems. Implanted or body such as blood products, or in terms of research in the remedies medical Kaltjarb | ||
| Keywords | ||
| Philosophy objectification of the human body | ||
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