Harmon, Shawn H.E. and McMahon, Aisling (2014) Banking (on) the Brain: From consent to authorisation and the transormative potential of solidarity. Medical Law Review, 22 (4). pp. 572-605. ISSN 0967-0742

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Abstract

Modern technologies and biomedicine ambitions have given rise to new models of medical research, including population biobanking. One example of biobanking is brain banking, which refers to the collection and storage of brain and spinal cord samples for research into neurological diseases. Obviously, brain banking involves taking brains and tissue from deceased people, a fact which complicates the role of recruiters and makes consent a poor tool for stakeholders. After contextualising brain banking and considering the public health issues at stake, this article explores the legal definitions and demands of, and actual processes around, consent in England/Wales/Northern Ireland and authorisation in Scotland, articulating and evaluating their conceptual and practical differences. It then argues for an expanded but improved operation of ‘authorisation’ in the brain banking (and broader biobanking) setting, adopting ‘solidarity’ as our foundation and the improvement of the ‘public good’ our objective.

Item Type:	Article
Keywords:	Authorisation; Consent; Brain Banking; Posthumous Donation; Autonomy; Solidarity; Human Tissue;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	11624
Identification Number:	https://doi.org/10.1093/medlaw/fwu011
Depositing User:	Aisling McMahon
Date Deposited:	05 Nov 2019 16:41
Journal or Publication Title:	Medical Law Review
Publisher:	Oxford University Press
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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