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A Jurisprudence of the Body

Part of the Palgrave Socio-Legal Studies Book Series

Editors: Dietz, Chris; Travis, Mitchell; Thomson, Michael

DOI: 10.1007/978-3-030-42200-4

ISBN: 978-3-030-42199-1

Publisher: Springer International Publishing - Springer Journals

Aug 6, 2020

1 - 10 of 13 Chapters

Available

Nobody, Anybody, Somebody, Everybody: A Jurisprudence of the Body

Dietz, Chris; Travis, Mitchell; Thomson, Michael

Pages: 1 –13

[This chapter provides a conceptual overview of the place of the body in health jurisprudence. It begins by outlining an initial conceptual lack and theoretical aversion to materiality within the positivist tradition. The chapter then considers liberalism as a conceptual space where bodies were...
Available

Reasoning from the Body: Universal Vulnerability and Social Justice

Fineman, Martha Albertson

Pages: 17 –34

[This chapter offers a clear roadmap for the application of vulnerability theory. It engages with the ontology of the body in order to highlight the universality of vulnerability. This embodied vulnerability and the inevitable social dependency that goes alongside it provide a clear and...
Available

Studying Public Health Law: Principles, Politics, and Populations as Patients

Coggon, John

Pages: 35 –61

[Public health law is firmly establishing itself as a crucial area of scholarly inquiry. Its vital importance has been sharply underscored following the outbreak of COVID-19, in response to which we have seen the institution of extreme legal measures—such as the UK’s Coronavirus Act 2020—in...
Available

Bioinequalities: Rethinking Legal Responses to the Biological and Intergenerational Harm Caused by Inequality

O’Connell, Karen; Karpin, Isabel

Pages: 63 –89

[Being the subject of unequal treatment is commonly accepted as a stressful psychological experience; however, its physical impact is less well understood. According to recent scientific work in the field of neuroscience and epigenetics, stress and trauma that arise as a consequence of unequal...
Available

Healthcare, Well-being, and the Regulation of Diversity in Healing

Cloatre, Emilie; Urquiza-Haas, Nayeli

Pages: 91 –116

[While the diversity of healing practices and knowledges is not new, controversies triggered by non-conventional medicines have intensified over the years. Contemporary regulation tends to rely on a core difference between proven and unproven therapies, and on scientific logics, to adjudicate...
Available

Temporal Bodies: Emergencies, Emergence, and Intersex Embodiment

Garland, Fae; Travis, Mitchell

Pages: 119 –147

[This chapter demonstrates the ways in which temporalities are institutionally constructed. To do so, the chapter engages with intersex embodiment to show how the institutions of healthcare, psychosocial care, and law offer different temporal constructions of the same body alternating between...
Available

Death Before Birth: Liminal Bodies and Legal Frameworks

Kuberska, Karolina; Fuller, Danielle; Littlemore, Jeannette; McGuinness, Sheelagh; Turner, Sarah

Pages: 149 –178

[Following a pregnancy loss, both the woman’s body and that of the fetus have somewhat uncertain statuses; both occupy a liminal space between different states of being. The woman has begun to develop an identity as a mother but cannot perform this identity with this particular child in the way...
Available

Depathologising Gender: Vulnerability in Trans Health Law

Dietz, Chris; Pearce, Ruth

Pages: 179 –203

[This chapter challenges how gender has been positioned under the control of health professionals in the regulation of trans bodies. Trans people have formed complex relationships with health professionals, whose influence is often crucial in determining access to body modification treatments...
Available

Feminist Activism in the Context of Clinical Trials and Drug Roll-Out

Ahmed, Aziza

Pages: 205 –224

[In 2006, the Food and Drug Administration (FDA) approved Gardasil, a Human Papilloma Virus (HPV) vaccine, for the purposes of stopping the spread of HPV, a primary cause of cervical cancer. While its development and approval were largely seen as necessary steps forward for women’s health,...
Available

Establishing Boundaries for Speculation About Artificial Wombs, Ectogenesis, Gender, and the Gestating Body

Horn, Claire; Romanis, Elizabeth Chloe

Pages: 227 –254

[In this chapter, we explore a key claim that arises in the speculative bioethical and legal literature on artificial wombs: namely, that by removing gestation from the body, this technology will improve equality between men and women. We contend that this assumption is problematic for three...

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