It’s good to see Roman law help solve a modern problem, and when the problem is especially modern, it’s especially good. Two scholars from England have recently published a piece on rights to embryos, regulated substantially by the Human Fertilisation and Embryology Act 1990, but not substantially enough to bar the help of Roman law. Their basic argument is that treating the embryos as property creates a useful foundation for legal decision making under the HFEA. Here the Roman law helps because, in their view, it supports co-ownership in the embryo, and this turns out to be helpful in certain disputes over their use.... continued

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First published: 18 November 2023

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