Body Lore and Laws by Shelley Day Sclater

By Shelley Day Sclater

This can be a selection of essays near to legislation and the human physique. because the identify indicates, our bodies and physique components will not be simply topic to rules via formal felony methods, but in addition the meanings connected to specific our bodies and physique components are elements of broader cultural methods. briefly, our bodies are subjected to either lore and legislation. The individuals, all best teachers in legislation, Sociology, Psychology, Feminism, Criminology, Biology and Genetics, provide more than a few interdisciplinary papers that significantly study how our bodies are developed and controlled in legislation. The ebook is split into components. half one is anxious with "Making our bodies" and comprises papers with regards to transactions in human gametes, cloning, court-ordered caesarean sections, trying out for genetic danger, the patenting of human genes and the social coverage implications of the expansion in genetic details. half is worried with "Using and Abusing Bodies". It includes chapters in terms of sexualities, sexual orientation and the legislations, intercourse employees and their consumers, family murder, spiritual and cultural practices and different concerns concerning kid's our bodies, the possession of the physique and physique elements, and the criminal and moral concerns surrounding euthanasia.

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It is this kind of fundamental ambiguity as regards the legal status of the embryo that underlies controversies over cryo-preserved embryos. The essays in this book suggest that the present debate over the status of the embryo is unresolvable unless the terms of that debate are altered. Here we are faced with another instance where, as with gametes, polarisations are unhelpful. As Fox (2000) argues, we need to find ways of thinking that allow us to overcome the old dichotomy; now that we can create embryos by technological means perhaps we should find a new language in which to conceptualise them, instead of trying to squeeze them into old legal categories of either persons or property that are both woefully inadequate.

Legal Conceptions: Regulating Gametes and Gamete Donation” (2000) 8 Health Care Analysis 137. , “Defences for Battered Women who Kill” (1991) 18 Journal of Law and Society 219. Introduction 27 —— , “Law’s Knowledge: the Judge, the Expert, the Battered Woman and her Syndrome” (1993) 20 Journal of Law and Society 427. , Law and Truth (Oxford, Oxford University Press, 1996). , “Foetal Images: the Power of Visual Culture in the Politics of Reproduction” in M. ), Reproductive Technologies: Gender, Motherhood and Medicine (Cambridge, Polity Press, 1987).

Neither is law just the unwitting purveyor of culture’s dominant values. In St George’s Healthcare Trust v. S [1998] 3 All ER 673 a pre-enclamptic mother, who refused treatment and had a history of moderate depression, was detained under the Mental Health Act 1983 (although she received no treatment for any mental disorder) and her baby was born by caesarean-section after the court ordered the operation. The Court of Appeal ruled that the use of the Mental Health Act to effect forced obstetric intervention had been unlawful, and it reiterated a competent adult’s right to autonomy and self-determination.

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