The Body and the State

The Body and the State PDF 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.

The Body and the State

The Body and the State PDF 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.

Body/State

Body/State PDF Author: Dr Angus Cameron
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409474607
Category : Political Science
Languages : en
Pages : 497

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Book Description
Body/State brings together original essays addressing various aspects of the evolving interaction between bodies and states. While each essay has different empirical and/or theoretical focus, authors consider a number of overlapping themes to appreciate the state's engagement with, and concern about, bodies. Divided into five parts, the first part, 'Bodies Modified and Divided' considers how the production, regulation, policing and maintenance of borders (physical, social, sexual, political, religious, etc.) are used to enable or constrain the physical (re)shaping of the body. Part two, 'Capital Bodies', extends the state's concern with the flows of bodies that make up the nation to consider how they are enrolled in the complex structures of capitalist exchange that form the basis for maintaining and contesting a set of relationships between states and markets. Part three, 'Deviance and Resistance', examines both how states seek to discipline ‘non-normal’ bodies and appreciates the capacity of changes in the socio-cultural meaning and nature of bodies to resist and/or escape states. Part four, ‘Sovereignty and Surveillance’, develops themes of deviancy and resistance by considering the impact of new technologies both on the intimate regulatory reach of states into and across bodies and on the nature of embodiment itself. Finally, Part five, ‘The Body Virtual’, examines the impact of new technologies and online spaces both on the intimate regulatory reach of states into and across bodies and on the nature of embodiment itself. A varied collection of essays that address important and complex topics in a readable and creative way.

Birth of the State

Birth of the State PDF Author: Charlotte Epstein
Publisher: Oxford University Press, USA
ISBN: 0190917628
Category : Political Science
Languages : en
Pages : 345

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Book Description
This book uses the body to peel back the layers of time and taken-for-granted ideas about the two defining political forms of modernity, the state and the subject of rights. It traces, under the lens of the body, how the state and the subject mutually constituted each other since their original crafting in the seventeenth century. Considering multiple sites of theory and practice, Charlotte Epstein analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed.

Violence and the Body

Violence and the Body PDF Author: Arturo J. Aldama
Publisher: Indiana University Press
ISBN: 9780253215598
Category : Political Science
Languages : en
Pages : 466

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Book Description
This title explores the relationship between subalternity, the discourse and technology of the body, and the rise and proliferation of racial, colonial, sexual, domestic, and state violence, examining the materiality of violence on the 'otherized' body.

The State and the Body

The State and the Body PDF 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.

People of the Body

People of the Body PDF Author: Howard Eilberg-Schwartz
Publisher: State University of New York Press
ISBN: 1438401906
Category : History
Languages : en
Pages : 406

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Book Description
By shifting attention from the image of Jews as a textual community to the ways Jews understand and manage their bodies — for example, to their concerns with reproduction and sexuality, menstruation and childbirth— this volume contributes to a revisioning of what Jews and Judaism are and have been. The project of re-membering the Jewish body has both historical and constructive motivations. As a constructive project, this book describes, renews, and participates in the complex and ongoing modern discussion about the nature of Jewish bodies and the place of bodies in Judaism.

Colonizing the Body

Colonizing the Body PDF Author: David Arnold
Publisher: Univ of California Press
ISBN: 9780520082953
Category : History
Languages : en
Pages : 370

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Book Description
In this innovative analysis of medicine and disease in colonial India, David Arnold explores the vital role of the state in medical and public health activities, arguing that Western medicine became a critical battleground between the colonized and the colonizers. Focusing on three major epidemic diseases—smallpox, cholera, and plague—Arnold analyzes the impact of medical interventionism. He demonstrates that Western medicine as practiced in India was not simply transferred from West to East, but was also fashioned in response to local needs and Indian conditions. By emphasizing this colonial dimension of medicine, Arnold highlights the centrality of the body to political authority in British India and shows how medicine both influenced and articulated the intrinsic contradictions of colonial rule.

Seeing Like a State

Seeing Like a State PDF Author: James C. Scott
Publisher: Yale University Press
ISBN: 0300252986
Category : Political Science
Languages : en
Pages : 462

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Book Description
“One of the most profound and illuminating studies of this century to have been published in recent decades.”—John Gray, New York Times Book Review Hailed as “a magisterial critique of top-down social planning” by the New York Times, this essential work analyzes disasters from Russia to Tanzania to uncover why states so often fail—sometimes catastrophically—in grand efforts to engineer their society or their environment, and uncovers the conditions common to all such planning disasters. “Beautifully written, this book calls into sharp relief the nature of the world we now inhabit.”—New Yorker “A tour de force.”— Charles Tilly, Columbia University

Thinking the Limits of the Body

Thinking the Limits of the Body PDF Author: Jeffrey Jerome Cohen
Publisher: State University of New York Press
ISBN: 0791487474
Category : Social Science
Languages : en
Pages : 212

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Book Description
This collection maps the very best efforts to think the body at its limits. Because the body encompasses communities (social and political bodies), territories (geographical bodies), and historical texts and ideas (a body of literature, a body of work), Cohen and Weiss seek trans-disciplinary points of resonance and divergence to examine how disciplinary metaphors materialize specific bodies, and where these bodies break down and/or refuse prescribed paths. Whereas postmodern theorizations of the body often neglect its corporeality in favor of its cultural construction, this book demonstrates the inseparability of textuality, materiality, and history in any discussion of the body.

To Err Is Human

To Err Is Human PDF Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309068371
Category : Medical
Languages : en
Pages : 312

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Book Description
Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDSâ€"three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequenceâ€"but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agendaâ€"with state and local implicationsâ€"for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errorsâ€"which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health careâ€"it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocatesâ€"as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine