The State And The Body

Traces the history of the writ of habeas corpus and its influence on federal-state relations.

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 all the way down, by going all the way back, to their original crafting in the seventeenth century. It considers two revolutions. The first, scientific, threw humanity out of the centre of the universe, and transformed the very meanings of matter, space, and the body; while the second, legal and political, re-established humans as the centre-point of the framework of modern rights. The book analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed. It develops three arguments, that the body served to naturalise security; to individualise liberty; and to privatise property. Covering a wide range of materials--from early modern Dutch painting, to the canon of English political thought, the Anglo-Scottish legal struggles of naturalization, and medical and religious practices--it shows both how the body has operated as history's great naturaliser, and how it can be mobilised instead as a critical tool that lays bare the deeply racialised and gendered constructions that made the state and the subject of rights. The book returns to the origins of constructivist and constitutive theorising to reclaim their radical and critical potential.

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 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 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.

For three centuries, concepts of the state have been animated by one of the most powerful metaphors in politics: the body politic, a claustrophobic and bounded image of sovereignty. Climate change, neoliberalism, mass migration, and other aspects of the late Anthropocene have increasingly revealed the limitations of this metaphor. Just as the human body is not whole and separate from other bodies—comprising microbes, bacteria, water, and radioactive isotopes—Stefanie R. Fishel argues that the body politic of the state exists in dense entanglement with other communities and forms of life. Drawing on insights from continental philosophy, science and technology studies, and international relations theory, this path-breaking book critiques the concept of the body politic on the grounds of its very materiality. Fishel both redefines and extends the metaphor of the body politic and its role in understanding an increasingly posthuman, globalized world politics. By conceiving of bodies and states as lively vessels, living harmoniously with multiplicity and the biosphere, she argues that a radical shift in metaphors can challenge a politics based on fear to open new forms of global political practice and community. Reframing the concept of the body politic to accommodate greater levels of complexity, Fishel suggests, will result in new configurations for the political and social organization necessary to build a world in which the planet’s inhabitants do not merely live but actively thrive.

These four conceptual and critical essays on state and society in contemporary China argue vigorously against the grain of prevailing scholarly interpretation. In substantive content, they explore two major themes from different historical and theoretical points of departure. First, the author argues that the party/state under Mao fell far short of the full control over China's peasant society that outside observers often assumed it had achieved. She shows, instead, how the Maoist state frequently pursued policies that in fact had the ironic effect of strengthening the resistance of rural communities against the central political apparatus. Second, she contends that once the true limitations on the Maoist state's power in rural areas are rightly understood, it becomes clear that one effect of the post-Mao economic and political reforms may be to enhance rather than to diminish the state's authority in the countryside — despite all the reformists' rhetoric to the contrary. These essays on "how to think about the Chinese state" are designed to stimulate debate about assumptions and methods in the field of Chinese political analysis. The controversies they raise, however, make them highly relevant to scholars outside Chinese studies who are interested in theories of the state, in the interrelations of state and society, and in the fate of the peasantry under socialism.