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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 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.
Body/State brings together original essays addressing various aspects of the evolving interaction between bodies and states. While each essay has different empirical and/or theoretical focus, authors consider a number of overlapping themes to appreciate the state's engagement with, and concern about, bodies. Divided into five parts, the first part, 'Bodies Modified and Divided' considers how the production, regulation, policing and maintenance of borders (physical, social, sexual, political, religious, etc.) are used to enable or constrain the physical (re)shaping of the body. Part two, 'Capital Bodies', extends the state's concern with the flows of bodies that make up the nation to consider how they are enrolled in the complex structures of capitalist exchange that form the basis for maintaining and contesting a set of relationships between states and markets. Part three, 'Deviance and Resistance', examines both how states seek to discipline ‘non-normal’ bodies and appreciates the capacity of changes in the socio-cultural meaning and nature of bodies to resist and/or escape states. Part four, ‘Sovereignty and Surveillance’, develops themes of deviancy and resistance by considering the impact of new technologies both on the intimate regulatory reach of states into and across bodies and on the nature of embodiment itself. Finally, Part five, ‘The Body Virtual’, examines the impact of new technologies and online spaces both on the intimate regulatory reach of states into and across bodies and on the nature of embodiment itself. A varied collection of essays that address important and complex topics in a readable and creative way.
This book uses the body to peel back the layers of time and taken-for-granted ideas about the two defining political forms of modernity, the state and the subject of rights. It traces, under the lens of the body, how the state and the subject mutually constituted each other since their original crafting in the seventeenth century. Considering multiple sites of theory and practice, Charlotte Epstein analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed.
This anthology unites articles about different aspects of scientific human experiments in the course of World War I to the 1960s. The majority of them deals with the development of medicine and life sciences as well as the national research promotion under the Nazi regime and during World War II. Studies on human experiments of French, Japanese, and US-American research enlarge the perspective on a problem of obviously international range. These empirical studies are supplemented by articles on the legal evaluation of this behaviour of scientists, as well as on the resulting movement to formulate binding transnational ethical codes on behalf of human experiments.
This title explores the relationship between subalternity, the discourse and technology of the body, and the rise and proliferation of racial, colonial, sexual, domestic, and state violence, examining the materiality of violence on the 'otherized' body.
By shifting attention from the image of Jews as a textual community to the ways Jews understand and manage their bodies — for example, to their concerns with reproduction and sexuality, menstruation and childbirth— this volume contributes to a revisioning of what Jews and Judaism are and have been. The project of re-membering the Jewish body has both historical and constructive motivations. As a constructive project, this book describes, renews, and participates in the complex and ongoing modern discussion about the nature of Jewish bodies and the place of bodies in Judaism.
In this innovative analysis of medicine and disease in colonial India, David Arnold explores the vital role of the state in medical and public health activities, arguing that Western medicine became a critical battleground between the colonized and the colonizers. Focusing on three major epidemic diseases—smallpox, cholera, and plague—Arnold analyzes the impact of medical interventionism. He demonstrates that Western medicine as practiced in India was not simply transferred from West to East, but was also fashioned in response to local needs and Indian conditions. By emphasizing this colonial dimension of medicine, Arnold highlights the centrality of the body to political authority in British India and shows how medicine both influenced and articulated the intrinsic contradictions of colonial rule.
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Significant changes have taken place in the policy landscape surrounding cannabis legalization, production, and use. During the past 20 years, 25 states and the District of Columbia have legalized cannabis and/or cannabidiol (a component of cannabis) for medical conditions or retail sales at the state level and 4 states have legalized both the medical and recreational use of cannabis. These landmark changes in policy have impacted cannabis use patterns and perceived levels of risk. However, despite this changing landscape, evidence regarding the short- and long-term health effects of cannabis use remains elusive. While a myriad of studies have examined cannabis use in all its various forms, often these research conclusions are not appropriately synthesized, translated for, or communicated to policy makers, health care providers, state health officials, or other stakeholders who have been charged with influencing and enacting policies, procedures, and laws related to cannabis use. Unlike other controlled substances such as alcohol or tobacco, no accepted standards for safe use or appropriate dose are available to help guide individuals as they make choices regarding the issues of if, when, where, and how to use cannabis safely and, in regard to therapeutic uses, effectively. Shifting public sentiment, conflicting and impeded scientific research, and legislative battles have fueled the debate about what, if any, harms or benefits can be attributed to the use of cannabis or its derivatives, and this lack of aggregated knowledge has broad public health implications. The Health Effects of Cannabis and Cannabinoids provides a comprehensive review of scientific evidence related to the health effects and potential therapeutic benefits of cannabis. This report provides a research agendaâ€"outlining gaps in current knowledge and opportunities for providing additional insight into these issuesâ€"that summarizes and prioritizes pressing research needs.