Bodies Of Law

Author : Alan Hyde
Publisher : Princeton University Press
Page : 291 pages
File Size : 53,6 Mb
Release : 1997-07-07
Category : Law
ISBN : 9781400822317

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Bodies of Law by Alan Hyde Pdf

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.

Author : John Baker
Publisher : Oxford University Press
Page : 128 pages
File Size : 44,9 Mb
Release : 2001-07-05
Category : Law
ISBN : 9780191661679

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The Law's Two Bodies by John Baker Pdf

The common law is almost universally regarded as a system of case-law, increasingly supplemented by legislation, but this is only partly true. There is an extensive body of lawyers' law which has a real existence outside the formal sources but is seldom acknowledged or discussed either by theorists or legal historians. This will still be so even when every judicial decision is electronically accessible. In the heyday of the inns of court, this second body of law was partly expressed in `common learning'. a corpus of legal doctrine handed on largely by oral tradition and a system of education informing the mind of every common lawyer. That common learning emanated from a law school in which the judges actively participated, and in which the lecturers of one generation provided the judiciary of the next. Some of it was written down, though the texts were until recently forgotten, and its importance was overlooked by historians as a result of changes in the common-law system during the early-modern period. Other forms of informal law may be seen at work in other times and contexts. Although judicial decisions will always remain prime sources of legal history, as well as of law, the other body of legal thought and practice is equally `law' in that it influences lawyers and has real consequences. Neither the history nor the present working of the common law can be understood without acknowledging its importance.

Author : Alan Hyde
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 1997-07-01
Category : Law
ISBN : 0613915771

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Bodies Of Law by Alan Hyde Pdf

"Alan Hyde has produced a stunning critical anatomy of how the human body figures (and is figured) in American legal discourse. Anyone who wants to understand the myriad mechanisms by which law constructs and regulates corporeality would do well to start with this book. Bodies of Law will stand as a decisive intervention in the sudy of law and contemporary 'body politics.'"--Kendall Thomas, Columbia Law SchoolThe 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, andpolitical theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.

Author : Chris Dietz,Mitchell Travis,Michael Thomson
Publisher : Palgrave Macmillan
Page : 316 pages
File Size : 55,9 Mb
Release : 2020-08-13
Category : Social Science
ISBN : 3030421996

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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.

Author : Andrew N. Sharpe
Publisher : Routledge Cavendish
Page : 229 pages
File Size : 44,9 Mb
Release : 2006
Category : Law
ISBN : 0415425271

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Transgender Jurisprudence by Andrew N. Sharpe Pdf

'Transgender Jurisprudence: Dysphoric Bodies of Lawis an important book. … Sharpe’s discussion [of trangender jurisprudence]… is convincing and thought-provoking, … his observations incisive and legally persuasive … [and] his examination of the fundamental heterosexism and phallocentricity of "reform" jurisprudence is brilliant.' -Queen’s Law Journal (Vol 28(1) 2002 pp 363-369 at pp 365, 366, 368 and 369), Professor Bruce MacDougall of the Faculty of Law, University of British Columbia, Vancouver 'Transgender Jurisprudenceis a work of the most careful and comprehensive scholarship … [and] … will, I have no doubt, be a standard resource to all those who have reason to work in the area, both as practicing lawyers, activists, or academics, in years to come.' -Sydney Law Review (Vol 24 2002 pp 442-448 at p 443), Professor Desmond Manderson, Canada Research Chair in Law & Discourse, McGill University, Montreal 'Transgender Jurisprudenceprovides an excellent, well-researched contribution to the fields of transgender studies and jurisprudence concerning gender and sexuality. … It is also a valuable contribution to wider discussions concerning feminism, poststructuralism and queer studies.' -Res Publica (Vol 8(3) 2002 pp 275-283 at pp 282-283), Dr Surya Munro of the Department of Law, Keele University '[Sharpe] expresses the hope that the book has made an important contribution ... That it has done so is beyond doubt. Indeed more than a contribution, Sharpe has comprehensively reshaped and redefined the field of transgender jurisprudence. … [T]he end result is a book which is not only sustained, integrated and comparative, but which introduces a set of original and sophisticated arguments that will provide an indispensable grounding for subsequent work in the field for some time to come.' -Griffith Law Review (Vol 12(2) 2003 pp 387-390 at p 390), Professor Rosemary Hunter, Dean of the Faculty of Law, Griffith University [Transgender Jurisprudence] has already become a foundational work by which others will be measured. … [It] sets a high bar … As one who litigates cases on behalf of transgender people as well as those involving same-sex couples seeking marriage rights, I think Sharpe has done an incredible job identifying [homophobia as] the source of the tension in such cases.' - Adelaide Law Review Vol 24(2) 2003 pp 99-104 at 104.

Author : E. Casanova,A. Jafar
Publisher : Springer
Page : 204 pages
File Size : 50,9 Mb
Release : 2013-12-18
Category : Social Science
ISBN : 9781137365385

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Bodies Without Borders by E. Casanova,A. Jafar Pdf

Globalization is often thought of as an abstract process that happens "out there" in the world. But people are ultimately the driving force of global change, and people have bodies that are absent from current conversations about globalization. The original scholarly research and first-person accounts of embodiment in this volume explore the role of bodies in the flows of people, money, commodities, and ideas across borders. From Zumba fitness classes to martial arts to fashion blogs and the meanings of tattooing, the contributors examine migrating body practices and ideals that stretch across national boundaries.

Author : Christine M. Hassenstab
Publisher : Walter de Gruyter GmbH & Co KG
Page : 362 pages
File Size : 55,5 Mb
Release : 2015-01-01
Category : History
ISBN : 9783110412772

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Body Law and the Body of Law by Christine M. Hassenstab Pdf

For some legal philosophers, if a law is procedurally correct, enacted in ways constitutionally recognised and agreed upon, then the content is of no significance. It is a “good” law, no matter what it does or justifies. The question of one's consent or opposition to any particular law is extraneous to the legality and is regarded merely as a political matter. The assumption is that a certain procedure and logic in law creation has taken place, and the law can be altered by a change in political leaders in a subsequent political election. However, this view and assumption obscure an uncomfortable fact. Some laws can be “bad” or “immoral.” Critical legal theory suggests that there are often two (or more) sets of laws, and it makes no difference if Lady Justice is blindfolded or not. Laws change in the process of history, in part, because societal norms change. As common understandings of morality evolve, law adapts itself to the new moral environment. Norms can change slowly or rapidly, even within a lifetime. This book examines both social and legal norms and theories of how they are both created. Christine M. Hassenstab investigates how laws on sterilization, birth control and abortion were created, by focusing on the act of legislation; how the law was driven by scientific and social norms during the first and closing decades of the 20th century in the USA (especially in the state of Indiana) and Norway. The primary focus of Body Law and the Body of Law is the sociology of law and how and why the law changes. The author develops the notion “body law” for reproductive policies and uses sociological theories to untie the various strands of social history and legal history and looks at two cases of legislation. The book is divided in to two main sections. The first examines eugenic laws in the USA state of Indiana and Norway during the first decades of 20th century. The second part is about the birth control and abortion debate in both countries throughout the late 1960s and 1970s. Christine M. Hassenstab is a lawyer and sociologist. She served as a criminal defense attorney for 15 years (1987—2001) in Seattle, Washington. Currently, she is an adviser in the EU Grants Office at the Norwegian University of Science and Technology in Trondheim, Norway.

Author : John Hamilton Baker
Publisher : Unknown
Page : 197 pages
File Size : 47,5 Mb
Release : 2001
Category : Common law
ISBN : OCLC:804695021

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The Law's Two Bodies by John Hamilton Baker Pdf

Author : Rohan John Hardcastle
Publisher : Unknown
Page : 210 pages
File Size : 49,8 Mb
Release : 2007
Category : Electronic books
ISBN : 1474200591

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Law and the Human Body by Rohan John Hardcastle Pdf

Do you own your body? Advances in science and the development of genetic databases have added an aura of modern controversy to this long-standing and, as yet, unresolved problem. In particular, English law governing separated human tissue (including organs, DNA and cell-lines) is unsatisfactory. Despite the enactment of the Human Tissue Act 2004 UK, it remains uncertain what property rights living persons can claim over tissue separated from their bodies. The development of clear legal principles is necessary to protect the rights of individuals while also enabling the efficient use of such ma.

Author : Bryan E Salte
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2015-05
Category : Professions
ISBN : 0433478233

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The Law of Professional Regulation by Bryan E Salte Pdf

Author : Jonathan Herring
Publisher : Oxford University Press
Page : 336 pages
File Size : 55,7 Mb
Release : 2011-05-12
Category : Law
ISBN : 9780199592531

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Medical Law by Jonathan Herring Pdf

Written by a highly respected academic and experienced textbook author, Medical Law: Core Text provides a lively and engaging overview of the key topics of the medical law syllabus.

Author : Edmund DeJesus
Publisher : iUniverse
Page : 338 pages
File Size : 54,9 Mb
Release : 2001-10-23
Category : Fiction
ISBN : 9781469750385

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The Law of Falling Bodies by Edmund DeJesus Pdf

The Law of Falling Bodies A professor is murdered. An eyewitness sees the whole thing. The only suspect confesses. So, what's the problem? It is physically impossible for the suspect to have committed the murder that way! To unravel this mystery, it will take a nave young scientist who is no one's idea of a hero. Sure, Mark is a wizard at solving puzzles, but he hardly knows one end of a gun from the other. At first, the murder is an enticing riddle, with the added spice of a beautiful but single-minded police detective. But soon he'll have to face a belligerent FBI agent with his own ideas about right and wrong, not to mention a shadowy killer who'll stop at nothing to eliminate him. Mark may have a lot to learn about life, but he already knows enough about... The Law of Falling Bodies Love and hate. Life and death. Math and physics.

Author : Andrew Bainham,Shelley Day Sclater,Martin Richards
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 43,6 Mb
Release : 2002-01-18
Category : Law
ISBN : 9781847312631

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Body Lore and Laws by Andrew Bainham,Shelley Day Sclater,Martin Richards Pdf

This book,the second produced by the Cambridge Socio-Legal Group, is a collection of essays on the subject of law and the human body. As the title suggests, bodies and body parts are not only subject to regulation through formal legal processes, but also the meanings attached to particular bodies, and the significance accorded to some body parts, are aspects of broader cultural processes. In short, bodies are subjected to both lore and laws. The contributors, all leading academics in the fields of Law, Sociology, Psychology, Feminism, Criminology, Biology and Genetics, respectively, offer a range of interdisciplinary papers that critically examine how bodies are constructed and regulated in law. The book is divided into two parts. Part one is concerned with 'Making Bodies' and includes papers relating to transactions in human gametes, cloning, court-ordered caesarean sections, testing for genetic risk, the patenting of human genes and the social policy implications of the growth in genetic information. Part two is concerned with 'Using and Abusing Bodies'. It contains chapters relating to sexualities, sexual orientation and the law, sex workers and their clients, domestic homicide, religious and cultural practices and other issues involving children's bodies, the ownership of the body and body parts and the legal and ethical issues surrounding euthanasia.

Author : Rita Kesselring
Publisher : Stanford University Press
Page : 0 pages
File Size : 44,6 Mb
Release : 2016-10-12
Category : Social Science
ISBN : 0804799784

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Bodies of Truth by Rita Kesselring Pdf

Bodies of Truth offers an intimate account of how apartheid victims deal with the long-term effects of violence, focusing on the intertwined themes of embodiment, injury, victimhood, and memory. In 2002, victims of apartheid-era violence filed suit against multinational corporations, accusing them of aiding and abetting the security forces of the apartheid regime. While the litigation made its way through the U.S. courts, thousands of victims of gross human rights violations have had to cope with painful memories of violence. They have also confronted an official discourse claiming that the Truth and Reconciliation Commission of the 1990s sufficiently addressed past injuries. This book shows victims' attempts to emancipate from their experiences by participating in legal actions, but also by creating new forms of sociality among themselves and in relation to broader South African society. Rita Kesselring's ethnography draws on long-term research with members of the victim support group Khulumani and critical analysis of legal proceedings related to apartheid-era injury. Using juridical intervention as an entry point into the question of subjectivity, Kesselring asks how victimhood is experienced in the everyday for the women and men living on the periphery of Cape Town and in other parts of the country. She argues that the everyday practices of the survivors must be taken up by the state and broader society to allow for inclusive social change in a post-conflict setting.

Author : Zillah R. Eisenstein
Publisher : Univ of California Press
Page : 248 pages
File Size : 45,5 Mb
Release : 1988-01-01
Category : Law
ISBN : 0520063090

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The Female Body and the Law by Zillah R. Eisenstein Pdf

In dit boek over sekse verschillen stelt Eisenstein dat de ongelijkheid tussen de sekse in stand wordt gehouden door zowel het recht, die de man als standaard neemt bij wetgeving die de formele gelijkheid tussen mannen en vrouwen wil regelen, als door het biologische verschil tussen man en vrouw, waardoor vrouwen beperkt worden tot voortplanting en moederschap. Aan de hand van thema's als positieve actie, abortus en pornografie laat ze zien dat het recht beperkend werkt. Zonder terug te vallen in traditionele ideen stelt ze het 'zwangere lichaam' met de gevolgen daarvan, centraal in de discussie over gelijke behandeling.