A Jurisprudence of the Body

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Author :
Publisher : Palgrave Macmillan
ISBN 13 : 9783030421991
Total Pages : 316 pages
Book Rating : 4.4/5 (219 download)

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Book Synopsis A Jurisprudence of the Body by : Chris Dietz

Download or read book A Jurisprudence of the Body written by Chris Dietz and published by Palgrave Macmillan. This book was released on 2020-08-13 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Jurisprudence of the Body

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Author :
Publisher : Springer Nature
ISBN 13 : 3030422003
Total Pages : 316 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis A Jurisprudence of the Body by : Chris Dietz

Download or read book A Jurisprudence of the Body written by Chris Dietz and published by Springer Nature. This book was released on 2020-08-05 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The Common Law Inside the Female Body

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107177812
Total Pages : 275 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Common Law Inside the Female Body by : Anita Bernstein

Download or read book The Common Law Inside the Female Body written by Anita Bernstein and published by Cambridge University Press. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Thinking Through the Body of the Law

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Author :
Publisher : NYU Press
ISBN 13 : 0814715451
Total Pages : 295 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Thinking Through the Body of the Law by : Pheng Cheah

Download or read book Thinking Through the Body of the Law written by Pheng Cheah and published by NYU Press. This book was released on 1996-07 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Bodies of Law

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Author :
Publisher : Princeton University Press
ISBN 13 : 1400822319
Total Pages : 291 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Bodies of Law by : Alan Hyde

Download or read book Bodies of Law written by Alan Hyde and published by Princeton University Press. This book was released on 1997-07-07 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Body and the State

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Author :
Publisher : State University of New York Press
ISBN 13 : 0791482022
Total Pages : 256 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis The Body and the State by : Cary Federman

Download or read book The Body and the State written by Cary Federman and published by State University of New York Press. This book was released on 2012-02-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.

The Principles and Practice of Medical Jurisprudence

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Author :
Publisher :
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.0/5 (26 download)

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Book Synopsis The Principles and Practice of Medical Jurisprudence by : Alfred Swaine Taylor

Download or read book The Principles and Practice of Medical Jurisprudence written by Alfred Swaine Taylor and published by . This book was released on 1865 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Elements of Medical Jurisprudence

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Author :
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis Elements of Medical Jurisprudence by : Samuel Farr

Download or read book Elements of Medical Jurisprudence written by Samuel Farr and published by . This book was released on 1814 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Female Body and the Law

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Author :
Publisher : Univ of California Press
ISBN 13 : 0520377648
Total Pages : 249 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis The Female Body and the Law by : Zillah R. Eisenstein

Download or read book The Female Body and the Law written by Zillah R. Eisenstein and published by Univ of California Press. This book was released on 2024-07-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.

The State and the Body

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909966
Total Pages : 192 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The State and the Body by : Elizabeth Wicks

Download or read book The State and the Body written by Elizabeth Wicks and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the limits of the legitimate role of the state in regulating the human body. It questions whether there is a public interest in issues of bodily autonomy, with particular focus on reproductive choices, end of life choices, sexual autonomy, body modifications and selling the body. The main question addressed in this book is whether such autonomous choices about the human body are, and should be, subject to state regulation. Potential justifications for the state's intervention into these issues through mechanisms such as the criminal law and regulatory schemes are evaluated. These include preventing harm to others and/or to the individual involved, as well as more abstract concepts such as public morality, the sanctity of human life, and the protection of human dignity. The State and the Body argues that the state should be particularly wary about encroaching upon exercises of autonomy by embodied selves and concludes that only interventions based upon Mill's harm principle or, in tightly confined circumstances, the dignity of the human species as a whole should suffice to justify public intervention into private choices about the body.

Being and Owning

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198727984
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Being and Owning by : Jesse Wall

Download or read book Being and Owning written by Jesse Wall and published by Oxford University Press, USA. This book was released on 2015 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: When part of a person's body is separated from them, or when a person dies, it is unclear what legal status the item of bodily material is able to obtain. A 'no property rule' which states that there is no property in the human body was first recorded in an English judgment in 1882. Claims based on property rights in the human body and its parts have failed on the basis that the human body is not the subject of property. Despite a recent series of exceptions to the 'no property rule', the law still has no clear answer as to the legal status of the body or its material. In this book, Wall examines the appropriate legal status of bodily material, and in doing so, develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law. Wall assesses when a person ought to be able to possess, control, use, or profit from, his or her own bodily material or the bodily material of another person. Bodily material may be valuable because it retains a functional unity with the body or is a material resource that is in short supply. With this in mind, Wall measures the extent to which property law can represent the rights and duties that protects the entitlement that a person may exercise in bodily material, and identifies the limits to the appropriate application of property law. An alternative to property law is developed with reference to the right of bodily integrity and the right to privacy.

The Human Body and the Law

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Author :
Publisher : Stanford University Press
ISBN 13 : 9780804718851
Total Pages : 394 pages
Book Rating : 4.7/5 (188 download)

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Book Synopsis The Human Body and the Law by : David W. Meyers

Download or read book The Human Body and the Law written by David W. Meyers and published by Stanford University Press. This book was released on 1990 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of many aspects of medical practice and the law. Dealing with such controversial areas as genetic engineering, fetal rights, transplantation, euthanasia, artificial reproduction, and medical examination, Meyers gives a breakdown of current debates and legal decisions in England, Scotland and the US. First published in 1970. Annotation copyrighted by Book News, Inc., Portland, OR

Human Rights and the Body

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472422619
Total Pages : 241 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Human Rights and the Body by : Dr Annabelle Mooney

Download or read book Human Rights and the Body written by Dr Annabelle Mooney and published by Ashgate Publishing, Ltd.. This book was released on 2014-09-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights and the Body is a response to the crisis in human rights, to the very real concern that without a secure foundation for the concept of human rights, their very existence is threatened. While there has been consideration of the discourses of human rights and the way in which the body is written upon, research in linguistics has not yet been fully brought to bear on either human rights or the body. Drawing on legal concepts and aspects of the law of human rights, Mooney aims to provide a universally defensible set of human rights and a foundation, or rather a frame, for them. She argues that the proper frames for human rights are firstly the human body, seen as an index reliant on the natural world, secondly the globe and finally, language. These three frames generate rights to food, water, sleep and shelter, environmental protection and a right against dehumanization. This book is essential reading for researchers and graduate students in the fields of human rights and semiotics of law.

Bioequity – Property and the Human Body

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409496813
Total Pages : 194 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Bioequity – Property and the Human Body by : Mr Nils Hoppe

Download or read book Bioequity – Property and the Human Body written by Mr Nils Hoppe and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent scandals involving the use of human body parts have highlighted the need for legal clarification surrounding property law and the use of human tissue. This book advances the notion that the legal basis for dealing with this is already available in the law but has thus far neither been used nor discussed. Proposing an alternative approach to constructing entitlements in human tissue and resolving resulting property conflicts, a new methodology is also advanced for abstracting different concepts within the debate which enables comparison and distinction between different cases of entitlement and retention.

Compromised Jurisprudence

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Author :
Publisher : Aboriginal Studies Press
ISBN 13 : 0855756632
Total Pages : 274 pages
Book Rating : 4.8/5 (557 download)

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Book Synopsis Compromised Jurisprudence by : Lisa Strelein

Download or read book Compromised Jurisprudence written by Lisa Strelein and published by Aboriginal Studies Press. This book was released on 2009 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: First edition published in 2006.

The Anatomy of the Law

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Author :
Publisher :
ISBN 13 : 9781561696079
Total Pages : 292 pages
Book Rating : 4.6/5 (96 download)

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Book Synopsis The Anatomy of the Law by : Adolph Julius Rodenbeck

Download or read book The Anatomy of the Law written by Adolph Julius Rodenbeck and published by . This book was released on 2000 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intersex Embodiment

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Author :
Publisher : Policy Press
ISBN 13 : 1529217393
Total Pages : 217 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Intersex Embodiment by : Fae Garland

Download or read book Intersex Embodiment written by Fae Garland and published by Policy Press. This book was released on 2022-11-22 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.