Bodies of Law

Hyde, Albert C.

doi:10.1515/9781400822317

Cited by 152 publications

(19 citation statements)

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“…Although Whiteness is at the center of the articulation of self for the Latina/o-White hybrid individual, it is being recognized and held accountable. Hyde (1997) emphasizes that the racialized body is never just a factual object. Rather, he states: ''The body is never beyond or under discourse but folds its discursive creation in front of it wherever it walks, so that it would never be possible to imagine the body as natural.…”

Section: Resultsmentioning

confidence: 99%

Qualitative Interviews of Racial Fluctuations: The “How” of Latina/o-White Hybrid Identity

Moreman

2011

Communication Theory

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Using qualitiative interviewing, this article exposes the performative moments of the Latina/o-White hybrid social actor (i.e., individuals born of one White parent and one Latina/o parent). This study draws on performance studies theories and concepts to demonstrate how these individuals work within and outside the limitations of today's U.S. discourse on race and ethnicity. Finding four major themes (i.e., ritual disciplines, body as text, language as text, and institutes of identity), this article provides the tensions of the participants' mixed positionality yet also points to the imaginative possibilities that can come through communicating such an identity.

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Section: Resultsmentioning

confidence: 99%

Qualitative Interviews of Racial Fluctuations: The “How” of Latina/o-White Hybrid Identity

Moreman

2011

Communication Theory

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“…As Alan Hyde has argued, many of us inhabit less inviolable bodies, and law facilitates social use or invasion of our bodies`by constructing various discursive bodies, sometimes defined as interests in liberty or property, sometimes as things or property, sometimes through euphemistic language which makes the body disappear.' 92 Law thereby enables`certain modes of bodily being' while simultaneously it`denigrates or forecloses others'. 93 It follows, for instance, that aberrational bodies which challenge legal boundaries between persons or categories (such as conjoined twins or intersex persons) must be surgically normalized.…”

Section: Legal Understandings Of Bodily Integritymentioning

confidence: 99%

Bodily Integrity, Embodiment, and the Regulation of Parental Choice

Fox

Thomson

2017

Journal of Law and Society

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In this article we develop a new model of bodily integrity that we designate ‘embodied integrity’. We deploy it to argue that non‐therapeutic interventions on children should be considered within a decision‐making framework that prioritizes embodied integrity. This would counter the excessive decision‐making power that law currently accords to parents, protecting the child's immediate and future interests. Focusing on legal responses to genital cutting, we suggest that current legal understandings of bodily integrity are impoverished and problematic. By contrast, adoption of an ‘embodied integrity’ model carves out a space for children's rights, while avoiding these negative consequences. We propose that embodied integrity should trump competing values in any best‐interests assessment where a non‐therapeutic intervention is requested. Drawing on Drucilla Cornell and Joel Feinberg's theories we argue that protecting a child's embodied integrity is essential to guarantee his/her right to make future embodied choices and become a fully individuated person.

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“…Analyses of the legal status of the body and policy debates about the use and distribution of bodily materials have variously constructed the core issues of privacy, property, or autonomy. Yet, as Hyde (1997) points out, the idea that bodies are private, autonomous, or even have boundaries at all is built upon legal constructs often made for specific political purposes. Such designations are relational: Body autonomy is really social, public and conventional' ' (ibid.…”

Section: Legislating the Roles Of The Body And Societymentioning

confidence: 99%

Public Good, Private Protections: Competing Values in German Transplantation Law

Hogle

2002

Law & Policy

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Organ transplantation has become almost routine practice in many industrialized countries. Policy, ethical, and legal debates tend to center on fairness of allocation rules or alternatives to promote greater numbers of donations. There are also certain beliefs about the use of bodily materials that are often presumed to be homogenous across Euro–American societies. In Germany, however, the idea of using the bodies of some for the good of others, and the right to proclaim some bodies dead for large–scale medical and political purposes is highly charged. This is due to the historical context of medical experimentation, selection, and euthanasia under National Socialism, and the former East German socialist policies which intervened in the private lives and bodies of citizens. This article is based on an ethnography of organ procurement practices during the period when German policymakers struggled with writing a transplant law. Active public resistance revealed deep concern about state intervention in private matters and amplified the growing unrest over definitions of moral community in a changing, post–reunification society. The article shows how public disputes about health policy become a way through which societies deal with other social conflicts.

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Bodies of Law

Cited by 152 publications

References 0 publications

Qualitative Interviews of Racial Fluctuations: The “How” of Latina/o-White Hybrid Identity

Qualitative Interviews of Racial Fluctuations: The “How” of Latina/o-White Hybrid Identity

Bodily Integrity, Embodiment, and the Regulation of Parental Choice

Public Good, Private Protections: Competing Values in German Transplantation Law

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