Property in Body Parts and Products of the Human Body

An intriguing question, which until recently had not been directly explored by the courts, is the extent to which English law recognises body parts and products of the human body as property capable of ownership. Although the common law currently recognises no general property in a dead body (and only limited possessory rights in respect of it), this apparent “no-property rule” provides no justification, it is submitted, for denying proprietary status to parts or products of a living human body. The recent decision of the Court of Appeal in Yearworth v. North Bristol NHS Trust ([2009] EWCA Civ 37) lends strong support to the view that genetic material (as the product of a living human body) is capable of ownership, at least in the context of a claim in the tort of negligence and bailment. This article examines the various issues by reference to both English and Commonwealth authority.

China Internet going wild: Cyber-hunting versus privacy protection

The Internet is notoriously known to be the “human flesh search engine” in China when it is used against private individuals for the purpose of social shaming, monitoring and revenge. In such case of cyber witch hunting, personal information of the targeted individuals is often ruthlessly exposed and their lives are mercilessly disrupted. In the face of the growing resort to the human flesh search engine, the Beijing Court delivered the first ruling condemning this practice and affirming privacy rights for Chinese citizens at the end of 2008. This article discusses the trend of cyber-manhunt in China, with specific focus on the judgment of the Beijing Court. It points out the inadequacy in the ruling and argues that legislative enactment to protect personal information at the national level is essential in China.     

Particular Rights and Absolute Wrongs: Giorgio Agamben on Life and Politics

Over the past decade, as human rights discourses have increasingly served to legitimize state militarism, a growing number of thinkers have sought to engage critically with the human rights project and its anthropological foundations. Amongst these thinkers, Giorgio Agamben’s account of rights is possibly the most damning: human rights declarations, he argues, are biopolitical mechanisms that serve to inscribe life within the order of the nation state, and provide an earthly foundation for a sovereign power that is taking on a form redolent of the concentration camp. In this paper, I will examine Agamben’s account of human rights declarations, which he sees as central to the modern collapse of the distinction between life and politics that had typified classical politics. I will then turn to the critique of Agamben offered by Jacques Ranciere, who suggests that Agamben’s rejection of rights discourses is consequent to his adoption of Hannah Arendt’s belief that, in order to establish a realm of freedom, the political realm must be premised on the expulsion of natural life. In contrast to Ranciere, I will argue that far from sharing the position of those thinkers, like Arendt, who seek to respond to the modern erosion of the borders between politics and life by resurrecting earlier forms of separation, Agamben sees the collapse of this border as the condition of possibility of a new, non-juridical politics.

利己利他双重人性论

从利益角度,人性可分为利己人性和利他人性,利己和利他是同一个人人性的两个方面。但利己性和利他性在现实中的行为表现随着历史条件和社会环境的变化而变化,取决于社会制度和各种环境。塑造以利己利他双重人性为基础的“道德经济人”是社会主义市场经济发展的必然要求。     

Extraction of high quality DNA from biological materials and calcified tissues

Calcified tissues, such as bone and tooth, and some other sample types, such as those containing adhesive, present a challenge to standard extraction protocols. We have developed a lysis reagent, BTA™ lysis buffer, which is designed for use with PrepFiler™ Kit reagents. The BTA™ lysis buffer disrupts calcified tissue matrices and achieves effective extraction of DNA from pulverized bone and tooth samples. In addition, the BTA™ lysis buffer mildly but efficiently extracts DNA from challenging substrates like tape, chewing gum, and cigarette butts and, as with bone and tooth, DNA from these lysates is purified using established PrepFiler™ reagent extraction protocols.We successfully extracted DNA from powdered human bone samples, chewed gum and smoked cigarettes using BTA™ lysis buffer. Extraction yields for bone, gum and cigarette samples tested were consistent and reproducible. This extraction method efficiently removed potential PCR inhibitors from all samples tested, and C_T values for the internal PCR control of Quantifiler^® Human DNA Quantification Kit were consistent and within the normal range. The DNA extracted from these samples also provided conclusive profiles that were free of PCR artifacts when amplified using the AmpF?STR^® Identifiler^® PCR Amplification Kit. The protocol is easily adapted for automation.     

Validation of the MiniFiler™ Kit in archaeological samples

We evaluate the usefulness of MiniFiler™ Kit in the field of ancient DNA. A set of samples belonging to different locations from Iberian Peninsula, with ages ranging from Neolithic to XVII century, was tested. Results could be replicated in only one burial site, probably due to the taphonomic conditions. Other cases could only produce partial or none genetic profiles.     

473例艾滋病毒感染者和艾滋病患者中医临床症状和证候分布规律初探

目的:对皖北地区艾滋病毒(human immunodeficiency virus, HIV)感染者和艾滋病(acquired immunodeficiency syndrome, AIDS)患者的中医临床症状和证候特点进行初步探讨.方法:采用中医临床流行病学调查方法,制定统一的临床观察表与调查方法,用Excel建立相关数据库,对症状、体征和证型的频数分布进行统计.结果:皖北地区HIV感染者和AIDS患者的感染途径主要为经血感染;临床症状以乏力、气短为最多见;HIV期以气血两亏型为最多见,AIDS期以气阴两虚、肺肾不足型,肝经风火、湿毒蕴结型,脾肾亏虚、湿邪阻滞型和气虚血瘀、邪毒壅滞型为前4位复合证型.结论:AIDS中医临床症状特征是"以虚为主,虚实夹杂,气血津液俱亏,湿毒瘀虚同在",证型特征是"复杂多变,以虚为本,多脏腑受累",病情呈现渐行性发展、渐进性加重之特点.     

Sex trafficking: an exploratory study interviewing traffickers

This paper presents the research methodology of an exploratory study interviewing human traffickers. Utilizing open-ended, semi-structured qualitative interviews with traffickers, exploratory research was conducted in 2003. With an overall goal of understanding the human trafficking phenomenon from the standpoint of those individuals who support, reproduce, and actively work to sustain it, our research questions focused on how traffickers make sense of their position within the illegal market of sex trafficking. Other thematic questions included characteristics and personal dimensions of the traffickers, reasons they entered the business, their perceptions of the business, and their opinions of those they traffic. For the purpose of this paper, we will address the difficulty and simplicity of conducting interviews with human traffickers. Information about the research project in general, methods used, ethical considerations, and thematic scope will also be addressed with a final discussion section highlighting advantages and disadvantages of methods used.

A Semi-Parametric Spatial Regression Approach to Post-War Human Security: Cambodia, 2002–2004

Human security in post-war societies depends on incentives to forego violence in local interactions. The government of Cambodia monitors domestic violence, land conflicts and serious crime in over 13,000 villages and urban neighbourhoods. We use three annual data collections to estimate the response of these conflicts to the legacy of the war, poverty and resource competition, urbanity as well as governance quality. Bayesian spatial regressions help identify socio-economic thresholds beyond which conflicts expand or contract significantly. We find numerous non-linearities in the propensities for violence. Notably, predicted rates decrease in response to quality of governance only at a high level of service provision, which, realistically, most communities may not soon achieve. This may justify dedicated programmes addressing particular types of conflicts. We propose alternative analytic approaches, including some that would make the problem of endogeneity more tractable once updated poverty estimates become available. Electronic supplementary material  The online version of this article (doi:) contains supplementary material, which is available to authorized users.

The Pinochet Case: International Criminal Justice in the Gothic Style?

Book reviewed in this article:
Woodhouse, Diana (ed), The Pinochet Case: A Legal and Constitutional Analysis