A Jurisprudence Of The Body

Author : Chris Dietz,Mitchell Travis,Michael Thomson
Publisher : Springer Nature
Page : 316 pages
File Size : 55,8 Mb
Release : 2020-08-05
Category : Social Science
ISBN : 9783030422004

Get Book

A Jurisprudence of the Body by Chris Dietz,Mitchell Travis,Michael Thomson Pdf

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 : Anita Bernstein
Publisher : Cambridge University Press
Page : 275 pages
File Size : 48,8 Mb
Release : 2019
Category : Law
ISBN : 9781107177819

Get Book

The Common Law Inside the Female Body by Anita Bernstein Pdf

Explains why lawyers seeking gender progress from primary legal materials should start with the common law.

Author : Adolph Julius Rodenbeck
Publisher : Unknown
Page : 292 pages
File Size : 46,8 Mb
Release : 2000
Category : Jurisprudence
ISBN : 1561696072

Get Book

The Anatomy of the Law by Adolph Julius Rodenbeck Pdf

Author : David W. Meyers
Publisher : Stanford University Press
Page : 394 pages
File Size : 49,7 Mb
Release : 1990
Category : Law
ISBN : 0804718857

Get Book

The Human Body and the Law by David W. Meyers Pdf

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

Author : Pheng Cheah,David Fraser,Judith Grbich
Publisher : NYU Press
Page : 295 pages
File Size : 40,7 Mb
Release : 1996-07
Category : Law
ISBN : 9780814715451

Get Book

Thinking Through the Body of the Law by Pheng Cheah,David Fraser,Judith Grbich Pdf

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 : Jesse Wall
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 44,5 Mb
Release : 2015
Category : Law
ISBN : 9780198727989

Get Book

Being and Owning by Jesse Wall Pdf

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.

Author : Cary Federman
Publisher : State University of New York Press
Page : 256 pages
File Size : 54,5 Mb
Release : 2012-02-01
Category : Social Science
ISBN : 9780791482025

Get Book

The Body and the State by Cary Federman Pdf

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 : David W. Meyers
Publisher : Transaction Publishers
Page : 218 pages
File Size : 41,5 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 9780202366586

Get Book

The Human Body and the Law by David W. Meyers Pdf

Author : Dr Annabelle Mooney
Publisher : Ashgate Publishing, Ltd.
Page : 241 pages
File Size : 53,9 Mb
Release : 2014-09-28
Category : Political Science
ISBN : 9781472422613

Get Book

Human Rights and the Body by Dr Annabelle Mooney Pdf

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.

Author : Mr Nils Hoppe
Publisher : Ashgate Publishing, Ltd.
Page : 282 pages
File Size : 46,8 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409496816

Get Book

Bioequity – Property and the Human Body by Mr Nils Hoppe Pdf

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.

Author : David W. Meyers
Publisher : Unknown
Page : 203 pages
File Size : 48,6 Mb
Release : 1970
Category : Offenses against the person
ISBN : OCLC:1035620750

Get Book

The Human Body and the Law by David W. Meyers Pdf

Author : Samuel Farr
Publisher : Unknown
Page : 148 pages
File Size : 54,5 Mb
Release : 1814
Category : Electronic
ISBN : BCUL:1092390333

Get Book

Elements of Medical Jurisprudence by Samuel Farr Pdf

Author : Fae Garland,Mitchell Travis
Publisher : Policy Press
Page : 217 pages
File Size : 43,5 Mb
Release : 2022-11-22
Category : Law
ISBN : 9781529217391

Get Book

Intersex Embodiment by Fae Garland,Mitchell Travis Pdf

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.

Author : O. Carter Snead
Publisher : Unknown
Page : 337 pages
File Size : 46,8 Mb
Release : 2020
Category : Law
ISBN : 9780674987722

Get Book

What It Means to Be Human by O. Carter Snead Pdf

American law assumes that individuals are autonomous, defined by their capacity to choose, and not obligated to each other. But our bodies make us vulnerable and dependent, and the law leaves the weakest on their own. O. Carter Snead argues for a paradigm that recognizes embodiment, enabling law and policy to provide for the care that people need.

Author : Chris Shilling
Publisher : Oxford University Press
Page : 145 pages
File Size : 44,7 Mb
Release : 2016
Category : Medical
ISBN : 9780198739036

Get Book

The Body by Chris Shilling Pdf

In this introduction, Chris Shilling considers the social significance of the human body, and the importance of the body to individual and collective identities. He examines how bodies not only shape but are shaped by the social, cultural, and material contexts in which humans live.