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Author: Chris Dietz
Publisher: Springer Nature
ISBN: 3030422003
Category : Social Science
Languages : en
Pages : 316
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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. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author: Chris Dietz
Publisher: Springer Nature
ISBN: 3030422003
Category : Social Science
Languages : en
Pages : 316
Get Book
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. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author: Pheng Cheah
Publisher: NYU Press
ISBN: 0814715451
Category : Law
Languages : en
Pages : 295
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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: Anita Bernstein
Publisher: Cambridge University Press
ISBN: 1107177812
Category : Law
Languages : en
Pages : 275
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Book Description
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Author: Cary Federman
Publisher: State University of New York Press
ISBN: 0791482022
Category : Social Science
Languages : en
Pages : 256
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Book Description
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.
Author: Samuel Farr
Publisher:
ISBN:
Category :
Languages : en
Pages : 148
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Book Description
Author: Alfred Swaine Taylor
Publisher:
ISBN:
Category : Medical jurisprudence
Languages : en
Pages : 632
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Book Description
Author: Elaine Scarry
Publisher: Oxford University Press, USA
ISBN: 0195036018
Category : Medical
Languages : en
Pages : 402
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Book Description
Part philosophical meditation, part cultural critique, The Body in Pain is a profoundly original study that has already stirred excitement in a wide range of intellectual circles. The book is an analysis of physical suffering and its relation to the numerous vocabularies and cultural forces--literary, political, philosophical, medical, religious--that confront it. Elaine Scarry bases her study on a wide range of sources: literature and art, medical case histories, documents on torture compiled by Amnesty International, legal transcripts of personal injury trials, and military and strategic writings by such figures as Clausewitz, Churchill, Liddell Hart, and Kissinger, She weaves these into her discussion with an eloquence, humanity, and insight that recall the writings of Hannah Arendt and Jean-Paul Sartre. Scarry begins with the fact of pain's inexpressibility. Not only is physical pain enormously difficult to describe in words--confronted with it, Virginia Woolf once noted, "language runs dry"--it also actively destroys language, reducing sufferers in the most extreme instances to an inarticulate state of cries and moans. Scarry analyzes the political ramifications of deliberately inflicted pain, specifically in the cases of torture and warfare, and shows how to be fictive. From these actions of "unmaking" Scarry turns finally to the actions of "making"--the examples of artistic and cultural creation that work against pain and the debased uses that are made of it. Challenging and inventive, The Body in Pain is landmark work that promises to spark widespread debate.
Author: Zillah R. Eisenstein
Publisher: Univ of California Press
ISBN: 0520377648
Category : Social Science
Languages : en
Pages : 249
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Book Description
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.
Author: Elizabeth Wicks
Publisher: Bloomsbury Publishing
ISBN: 1509909966
Category : Law
Languages : en
Pages : 192
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Book Description
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.
Author: David W. Meyers
Publisher: Stanford University Press
ISBN: 9780804718851
Category : Law
Languages : en
Pages : 394
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Book Description
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
