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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 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.
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 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.
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.
In medieval allegory, Body and Soul were often pitted against one another in debate. In Body Against Soul: Gender and Sowlehele in Middle English Allegory, Masha Raskolnikov argues that such debates function as a mode of thinking about psychology, gender, and power in the Middle Ages. Neither theological nor medical in nature, works of sowlehele (“soul-heal”) described the self to itself in everyday language—moderns might call this kind of writing “self-help.” Bringing together contemporary feminist and queer theory along with medieval psychological thought, Body Against Soul examines Piers Plowman, the “Katherine Group,” and the history of psychological allegory and debate. In so doing, it rewrites the history of the Body to include its recently neglected fellow, the Soul. The topic of this book is one that runs through all of Western history and remains of primary interest to modern theorists—how “my” body relates to “me.” In the allegorical tradition traced by this study, a male person could imagine himself as a being populated by female personifications, because Latin and Romance languages tended to gender abstract nouns as female. However, since Middle English had ceased to inflect abstract nouns as male or female, writers were free to gender abstractions like “Will” or “Reason” any way they liked. This permitted some psychological allegories to avoid the representational tension caused by placing a female soul inside a male body, instead creating surprisingly queer same-sex inner worlds. The didactic intent driving sowlehele is, it turns out, complicated by the erotics of the struggle to establish a hierarchy of the self's inner powers.
#1 NEW YORK TIMES BESTSELLER • NATIONAL BOOK AWARD WINNER • NAMED ONE OF TIME’S TEN BEST NONFICTION BOOKS OF THE DECADE • PULITZER PRIZE FINALIST • NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST • ONE OF OPRAH’S “BOOKS THAT HELP ME THROUGH” • NOW AN HBO ORIGINAL SPECIAL EVENT Hailed by Toni Morrison as “required reading,” a bold and personal literary exploration of America’s racial history by “the most important essayist in a generation and a writer who changed the national political conversation about race” (Rolling Stone) NAMED ONE OF THE MOST INFLUENTIAL BOOKS OF THE DECADE BY CNN • NAMED ONE OF PASTE’S BEST MEMOIRS OF THE DECADE • NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY The New York Times Book Review • O: The Oprah Magazine • The Washington Post • People • Entertainment Weekly • Vogue • Los Angeles Times • San Francisco Chronicle • Chicago Tribune • New York • Newsday • Library Journal • Publishers Weekly In a profound work that pivots from the biggest questions about American history and ideals to the most intimate concerns of a father for his son, Ta-Nehisi Coates offers a powerful new framework for understanding our nation’s history and current crisis. Americans have built an empire on the idea of “race,” a falsehood that damages us all but falls most heavily on the bodies of black women and men—bodies exploited through slavery and segregation, and, today, threatened, locked up, and murdered out of all proportion. What is it like to inhabit a black body and find a way to live within it? And how can we all honestly reckon with this fraught history and free ourselves from its burden? Between the World and Me is Ta-Nehisi Coates’s attempt to answer these questions in a letter to his adolescent son. Coates shares with his son—and readers—the story of his awakening to the truth about his place in the world through a series of revelatory experiences, from Howard University to Civil War battlefields, from the South Side of Chicago to Paris, from his childhood home to the living rooms of mothers whose children’s lives were taken as American plunder. Beautifully woven from personal narrative, reimagined history, and fresh, emotionally charged reportage, Between the World and Me clearly illuminates the past, bracingly confronts our present, and offers a transcendent vision for a way forward.