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Author: Alan Hyde Publisher: Princeton University Press ISBN: 1400822319 Category : Law Languages : en Pages : 291
Book Description
The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.
Author: Christine M. Hassenstab Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3110412772 Category : History Languages : en Pages : 362
Book Description
For some legal philosophers, if a law is procedurally correct, enacted in ways constitutionally recognised and agreed upon, then the content is of no significance. It is a “good” law, no matter what it does or justifies. The question of one's consent or opposition to any particular law is extraneous to the legality and is regarded merely as a political matter. The assumption is that a certain procedure and logic in law creation has taken place, and the law can be altered by a change in political leaders in a subsequent political election. However, this view and assumption obscure an uncomfortable fact. Some laws can be “bad” or “immoral.” Critical legal theory suggests that there are often two (or more) sets of laws, and it makes no difference if Lady Justice is blindfolded or not. Laws change in the process of history, in part, because societal norms change. As common understandings of morality evolve, law adapts itself to the new moral environment. Norms can change slowly or rapidly, even within a lifetime. This book examines both social and legal norms and theories of how they are both created. Christine M. Hassenstab investigates how laws on sterilization, birth control and abortion were created, by focusing on the act of legislation; how the law was driven by scientific and social norms during the first and closing decades of the 20th century in the USA (especially in the state of Indiana) and Norway. The primary focus of Body Law and the Body of Law is the sociology of law and how and why the law changes. The author develops the notion “body law” for reproductive policies and uses sociological theories to untie the various strands of social history and legal history and looks at two cases of legislation. The book is divided in to two main sections. The first examines eugenic laws in the USA state of Indiana and Norway during the first decades of 20th century. The second part is about the birth control and abortion debate in both countries throughout the late 1960s and 1970s. Christine M. Hassenstab is a lawyer and sociologist. She served as a criminal defense attorney for 15 years (1987—2001) in Seattle, Washington. Currently, she is an adviser in the EU Grants Office at the Norwegian University of Science and Technology in Trondheim, Norway.
Author: Pheng Cheah Publisher: NYU Press ISBN: 0814715451 Category : Law Languages : en Pages : 295
Book Description
Issues that are drawn from, and bear on, disciplines including philosophy, law and legal studies, feminist studies, social and political theory, communication studies, critical theory and cultural studies.
Author: Alan Hyde Publisher: Princeton University Press ISBN: 1400822319 Category : Law Languages : en Pages : 291
Book Description
The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.
Author: Rohan Hardcastle Publisher: Bloomsbury Publishing ISBN: 1847313574 Category : Law Languages : en Pages : 242
Book Description
Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such materials in medical research. Part I of Law and the Human Body traces the evolution of English, Australian, United States and Canadian law in relation to human tissue separated from living persons and dead bodies. This includes a comprehensive examination of the Human Tissue Act 2004 UK as well as prominent judicial decisions, including Re Organ Retention Group Litigation [2005] QB 506, Colavito v New York Organ Donor Network Inc 8 NY 3d 43 (NY CA 2006) and Washington University v Catalona 490 F 3d 667 (8th Cir 2007). Analysis demonstrates that, although property rights and non-proprietary interests in separated human tissue are recognised in limited circumstances, no principled basis has been accepted either at common law or by statute for the recognition of these rights and interests. Part II of this book develops and defends a principled basis in English law for the creation and legal recognition of property rights and non-proprietary interests in separated human tissue. Significantly, the analysis and principles presented in Law and the Human Body have application across common law and civil law jurisdictions worldwide.
Author: Lisi Oliver Publisher: University of Toronto Press ISBN: 0802097065 Category : Law Languages : en Pages : 329
Book Description
The sixth to ninth centuries saw a flowering of written laws among the early Germanic tribes. These laws include tables of fines for personal injury, designed to offer a legal, non-violent alternative to blood feud. Using these personal injury tariffs, The Body Legal in Barbarian Law examines a variety of issues, including the interrelationships between victims, perpetrators, and their families; the causes and results of wounds inflicted in daily life; the methods, successes, and failures of healing techniques; the processes of individual redress or public litigation; and the native and borrowed developments in the various 'barbarian' territories as they separated from the Roman Empire. By applying the techniques of linguistic anthropology to the pre-history of medicine, anatomical knowledge, and law, Lisi Oliver has produced a remarkable study that sheds new light on early Germanic conceptions of the body in terms of medical value, physiological function, psychological worth, and social significance.
Author: Cameron Diaz Publisher: HarperCollins ISBN: 0062482882 Category : Health & Fitness Languages : en Pages : 250
Book Description
Cameron Diaz shares her formula for becoming happier, healthier, and stronger in this positive, essential guide grounded in science and inspired by personal experience, a #1 New York Times bestseller. Throughout her career, Cameron Diaz has been a role model for millions of women. By her own candid admission, though, this fit, glamorous, but down-to-earth star was not always health-conscious. Learning about the inseparable link between nutrition and the body was just one of the life-changing lessons that has fed Cameron’s hunger to educate herself about the best ways to feed, move, and care for her body. In The Body Book, she shares what she has learned and continues to discover about nutrition, exercise, and the mind/body connection. Grounded in science and informed by real life, The Body Book offers a comprehensive overview of the human body and mind, from the cellular level up. From demystifying and debunking the hype around food groups to explaining the value of vitamins and minerals, readers will discover why it’s so important to embrace the instinct of hunger and to satisfy it with whole, nutrient-dense foods. Cameron also explains the essential role of movement, the importance of muscle and bone strength and why we need to sweat a little every day. The Body Bookdoes not set goals to reach in seven days or thirty days or a year. It offers a holistic, long-term approach to making consistent choices and reaching the ultimate goal: a long, strong, happy, healthy life.
Author: Chris Dietz Publisher: Palgrave Macmillan ISBN: 9783030421991 Category : Social Science Languages : en Pages : 316
Book Description
This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice.
Author: Alan Hyde
Author: Christine M. Hassenstab
Author: Pheng Cheah
Author: Alan Hyde
Author: Anita Bernstein
Author: Rohan Hardcastle
Author: Lisi Oliver
Author: Cameron Diaz
Author: David W. Meyers
Author: Chris Dietz
Author: David W. Meyers