Philosophical-Legal Analysis of the Integrity of the Human Body

One of the important foundations of personality law is the integrity of the human body. This rule originates from the inherent dignity of man and has become a fundamental issue in recent centuries after changes. Accordingly, the human body should not be attacked, whether at the time of life or after death, and should not be attacked either by it or by others. However, advances in medical science on the one hand, and the development of markets on the other, have undermined this important achievement of law. This article seeks to study the history and basis of this rule by studying a historical and philosophical basis and fallacies about it that allow development to violate it.

This research is theoretical and the research method is descriptive-analytical and information collection is done in a library by referring to documents, books and articles.

In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

It seems that the views of current jurists on the rule of physical integrity of the human body and its immunity from aggression can be divided into three categories: 1. The first category still believes in the "absolute" integrity of the body and Are its components; 2. The second group, from a material point of view, believe in the possibility of relative appropriation of the body and its components, and consider the limitation as the truth as a serious injury to the body. The third group believes in the integrity and inviolability of the human body and its components, but believes that renewable items of the human body, such as blood and hair, can be traded as long as there is no customary damage to the body, as well as organs such as the kidney that is harmful. Allow it to be donated only if the truth of the title of self-sacrifice is sacrificed and not exchanged.

As a result, the integrity of the human body at the time of death and after death is a fundamental rule and can not be violated except in exceptional cases. However, the human body and its members are out of the market cycle and are not property.Please cite this article as:Pilvar R. Philosophical-Legal Analysis of the Integrity of the Human Body. Medical Law Journal. 2022; 16(57): e16.