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 |
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Keywords: | Authorisation; Consent; Brain Banking; Posthumous Donation; Autonomy; Solidarity; Human Tissue; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 11624 |
Identification Number: | 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 |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/11624 |
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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