Bodies Of Law
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Bodies Of Law
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Author : Alan Hyde
language : en
Publisher:
Release Date : 1997-01-01
Bodies Of Law written by Alan Hyde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with categories.
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.
Bodies Of Law
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Author : Alan Hyde
language : en
Publisher:
Release Date : 1997-07-01
Bodies Of Law written by Alan Hyde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-01 with Law categories.
"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.
The Law S Two Bodies
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Author : John Baker
language : en
Publisher: Oxford University Press
Release Date : 2001-07-05
The Law S Two Bodies written by John Baker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-07-05 with Law categories.
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.
Bodies Of Law
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Author : Alan Hyde
language : en
Publisher: Princeton University Press
Release Date : 1997-07-07
Bodies Of Law written by Alan Hyde and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-07-07 with Law categories.
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.
Body Law And The Body Of Law
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Author : Christine M. Hassenstab
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2015-01-01
Body Law And The Body Of Law written by Christine M. Hassenstab and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with History categories.
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.
Law And The Human Body
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Author : Rohan John Hardcastle
language : en
Publisher:
Release Date : 2007
Law And The Human Body written by Rohan John Hardcastle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Electronic books categories.
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.
A Jurisprudence Of The Body
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Author : Chris Dietz
language : en
Publisher: Springer Nature
Release Date : 2020-08-05
A Jurisprudence Of The Body written by Chris Dietz and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-05 with Social Science categories.
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.
The Female Body And The Law
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Author : Zillah R. Eisenstein
language : en
Publisher: Univ of California Press
Release Date : 2024-07-26
The Female Body And The Law written by Zillah R. Eisenstein and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-26 with Social Science categories.
The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.
The Law S Two Bodies
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Author : John Hamilton Baker
language : en
Publisher:
Release Date : 2001
The Law S Two Bodies written by John Hamilton Baker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Common law categories.
Body Lore And Laws
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Author : Andrew Bainham
language : en
Publisher: Hart Publishing
Release Date : 2002-02
Body Lore And Laws written by Andrew Bainham and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02 with Law categories.
"This collection of essays is the product of a series of seminars held by the Cambridge Socio-Legal Group in 2000."--Preface.