The Legal Medical And Cultural Regulation Of The Body
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The Legal, Medical and Cultural Regulation of the Body by Stephen W. Smith Pdf
The regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.
The Legal, Medical and Cultural Regulation of the Body by Stephen W. Smith Pdf
The regulation of the body provides an important concern in law, medical practice and culture. This volume contributes to existing research in the area by encouraging experts from a range of related disciplines to consider the legal, cultural and medical ways in which we regulate the body, further exploring how conceptions of self, liberalism, property and harm inform and influence contentious legal and ethical questions about what we can and cannot do to or with our own bodies.
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.
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.
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.
The Regulation of Cosmetic Procedures by Melanie Latham,Jean V. McHale Pdf
This book examines the legal, ethical and regulatory debates surrounding the rise of the cosmetic procedures industry. In the past, cosmetic procedures were often seen as limited to a small number of wealthy older women. Today, such procedures have gone mainstream, partly facilitated by the rise of ‘non-invasive’ techniques, such as the use of Botox and Dermal Fillers. While still a business dominated by the female consumer, there is also an increasing number of males undertaking cosmetic procedures as social expectations around appearance and ageing are challenged. At the same time, the rapid expansion of this business and the incoherent, diverse approach to its regulation have given rise to concern. It has been seen as a ‘Wild West’. If cosmetic procedures go wrong, such procedures give rise to real risks of harm. This book examines the historical backdrop, current practice and risks associated with cosmetic procedures. It discusses the ethical and regulatory challenges for this area. It also examines the current legal frameworks concerning people, practitioners and products in the UK. The book also draws lessons from regulatory approaches in other jurisdictions with particular reference to the United States, Brazil and France. It then sets out a legal and regulatory framework that might better protect and empower the cosmetic consumer, now and in the future. The book is likely to be of particular interest to those working in the areas of health and medical law, socio-legal studies and political science.
Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: complete bibliography and list of further reading; links to key cases; a video from the author which introduces the book; links to key sites with information on medical law and ethics; and answer guidance to one question per chapter.
Persons, Parts and Property by Imogen Goold,Kate Greasley,Jonathan Herring,Loane Skene Pdf
The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.
Law, Health and Medical Regulation by Sally Wheeler,Shaun McVeigh Pdf
This is a collection of essays which is focused towards showing that the experience of health is shaped by law and medical regulation and that health is part of our shared subjectivities. We try to show that law and legal concepts have a powerful role to play in regulation, while at times being indistinguishable from other practices of regulation offered by accountants, economists and medical scientists. To that end, the collection opens with two essays on the relationship between ethics and law, one centered on the concept of the tragic body in Kantian autonomy and one centred on the Lockian conception of ownership of the body as a self-referential property right. The issue of health is then explored along with issues of sexuality isn three essays, each offering a comparative analysis, on the regulation of embryo and infertility research in the United Kingdom and Denmark, the treatment of HIV positive prisoners in the United Kingdom and United States, and the regulation of non-consensual sterilization in the United Kingdom and Germany.
This book investigates how and why the criminal law differentiates between different types of body alterations, with particular reference to how they are conceptualised within legal discourse. By drawing connections between types of body alteration that have traditionally been considered separately and discretely, the book allows analytical conclusions to be made about the law’s treatment of the general category of ’body alteration’ rather than merely about specific types of body alteration. Taking legal discourse as its analytical focus, the author critically examines a number of case studies to determine the techniques and processes by which some body alterations are discursively constructed as legitimate and legally approved, and by which other body alterations are discursively constructed as illegitimate and legally sanctioned. Specifically, the body alterations that are addressed include sadomasochistic injuries; female genital modification and male circumcision; cosmetic surgery, body modification and healthy limb amputation; and sex reassignment surgery and genital ’normalisation’ surgery. International in scope, the discursive analysis in the book will be of interest to academics and researchers working in the areas of socio-legal and cultural studies.
Fast-moving and ever-changing, stem cell science and research presents ongoing ethical and legal challenges in many countries. Each development and innovation throws up new challenges. This is the case even where new developments initially seem to solve old dilemmas. Sometimes it becomes evident that new science does not in fact solve old problems and, for that reason, the ethical issues remain. In recognition of this, this book presents innovative and creative analyses of a range of ethical and legal challenges raised by stem cell research and its potential and actual application. The editors of this collection have brought together experts from ethics and law to bring fresh perspectives on the use of and research on stem cells. The chapters in this collection range across a number of different issues in the debate on stem cells, from the ethical dilemmas of conducting stem cell research to those of the clinical application of stem cell technology. Each chapter gives an in-depth and comprehensive analysis of the ethical or legal issues at stake. The early chapters give engaging new expositions on the permissibility of using embryos in stem cell research, in particular challenging our views about how we view and OCyconstructOCO the embryo in debates regarding stem cells. Later chapters move on to actual and potential clinical uses of stem cells and present novel arguments about these.
Stem Cells by Muireann Quigley,Sarah Chan,John Harris Pdf
Fast-moving and ever-changing, stem cell science and research presents ongoing ethical and legal challenges in many countries. Each development and innovation throws up new challenges. This is the case even where new developments initially seem to solve old dilemmas. Sometimes it becomes evident that new science does not in fact solve old problems and, for that reason, the ethical issues remain. In recognition of this, this book presents innovative and creative analyses of a range of ethical and legal challenges raised by stem cell research and its potential and actual application. The editors of this collection have brought together experts from ethics and law to bring fresh perspectives on the use of and research on stem cells. The chapters in this collection range across a number of different issues in the debate on stem cells, from the ethical dilemmas of conducting stem cell research to those of the clinical application of stem cell technology. Each chapter gives an in-depth and comprehensive analysis of the ethical or legal issues at stake. The early chapters give engaging new expositions on the permissibility of using embryos in stem cell research, in particular challenging our views about how we view and ‘construct’ the embryo in debates regarding stem cells. Later chapters move on to actual and potential clinical uses of stem cells and present novel arguments about these. Contents:New Frontiers in Stem Cell Science & Ethics: Current Technology & Future Challenges (Muireann Quigley, Sarah Chan and John Harris)The Monopoly of Moral Status in Debate on Embryonic Stem Cell Research (Sorcha Uí Chonnachtaigh)The Construction of the Embryo and Implications for Law (Sheelagh McGuinness)Legal Regulation of Human Stem Cell Technology (Loane Skene)Human Embryos in Stem Cell Research: Property and Recompense (Sarah Devaney)Against the Discarded–Created Distinction in Embryonic Stem Cell Research (Katrien Devolder)Stem Cell Therapies & Benefiting from the Fruits of Banned Research (Muireann Quigley)Who Do You Call a Hypocrite? Stem Cells and Comparative Hypocritology (Søren Holm)Stem Cell Research and Same-Sex Reproduction (Thomas Douglas, Catherine Harding, Hannah Bourne and Julian Savulescu)The Permissibility of Recruiting Patients with Spinal Cord Injury for Clinical Stem Cell Trials (Anna Pacholczyk and John Harris) Readership: Researchers and academics in bioethics, healthcare professionals, policy makers. Keywords:Stem Cells;Ethics;Bioethics;Stem Cell Law;Regulation;PolicyKey Features:Includes innovative and creative analyses of a range of ethical and legal challenges raised by stem cell research and its clinical applicationWill appeal to a diverse range of audiences concerned with how to address ethical, legal and policy issues regarding stem cells. It will be of particular interest to those who want to get a deeper and more nuanced understanding of some of the ethical and legal arguments since the chapters in this book present more than a mere overview of key issuesSeeks to combine a range of perspectives to dealing with the implications of a fast-moving stem cell science; in particular, bioethics and law. The ethical issues inherent in stem cell research are universal; as such, the book will appeal to readers (policy-makers, healthcare professionals, academics etc.) beyond the UK
Bioscience, Governance and Politics by J. Gillott Pdf
Through case studies, theoretical research and interviews with leading players in science and governance, this book introduces a new understanding of change in governance of bioscience research. In particular it examines change as it is shaped by approaches developed by Science and Technology Studies and Sociology of Scientific Knowledge theorists.
