Nobody, Anybody, Somebody, Everybody: A Jurisprudence of the Body

Springer Nature
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A Jurisprudence of the Body, 2020, pp. 1-13
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This chapter provides a conceptual overview of the place of the body in health jurisprudence. It begins by outlining an initial conceptual lack and theoretical aversion to materiality within the positivist tradition. The chapter then considers liberalism as a conceptual space where bodies were considered to be interchangeable and largely removed from their environmental or corporeal contexts. It then moves to critiques of that approach, drawing on feminism, critical race theory and disability studies to argue that embodiment is always particular as well as institutionally and discursively constituted. Finally, the chapter considers the recent turn towards vulnerability in legal studies, highlighting how universality may demand new approaches to law, social justice and the governance of health.
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