Our Bodies Whose Property
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Author | : Anne Phillips |
Publisher | : Princeton University Press |
Total Pages | : 212 |
Release | : 2013-07-21 |
Genre | : Philosophy |
ISBN | : 0691150869 |
An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.
Author | : Cécile Fabre |
Publisher | : Oxford University Press on Demand |
Total Pages | : 247 |
Release | : 2006-04-06 |
Genre | : Philosophy |
ISBN | : 0199289999 |
In the prevailing liberal ethos, if there is one thing that is beyond the reach of others, it is our body in particular, and our person in general: our legal and political tradition is such that we have the right to deny others access to our person and body, even though doing so would harm those who need personal services from us, or body parts. However, we lack the right to use ourselves as we wish in order to raise income, even though we do not necessarily harm others by doingso---even though we might in fact benefit them by doing so.Cécile Fabre's aim in this book is to show that, according to the principles of distributive justice which inform most liberal democracies, both in practice and in theory, it should be exactly the other way around: that is, if it is true that we lack the right to withhold access to material resources from those who need them, we also lack the right to withhold access to our body from those who need it; but we do, under some circumstances, have the right to decide how to use it in orderto raise income. More specifically, she argues in favour of the confiscation of body parts and personal services, as well as of the commercialization of organs, sex, and reproductive capacities.
Author | : Donna Dickenson |
Publisher | : Cambridge University Press |
Total Pages | : 19 |
Release | : 2007-04-19 |
Genre | : Law |
ISBN | : 1139462938 |
New developments in biotechnology radically alter our relationship with our bodies. Body tissues can now be used for commercial purposes, while external objects, such as pacemakers, can become part of the body. Property in the Body: Feminist Perspectives transcends the everyday responses to such developments, suggesting that what we most fear is the feminisation of the body. We fear our bodies are becoming objects of property, turning us into things rather than persons. This book evaluates how well-grounded this fear is, and suggests innovative models of regulating what has been called 'the new Gold Rush' in human tissue. This is an up-to-date and wide-ranging synthesis of market developments in body tissue, bringing together bioethics, feminist theory and lessons from countries that have resisted commercialisation of the body, in a theoretically sophisticated and practically significant approach.
Author | : Anne Phillips |
Publisher | : Princeton University Press |
Total Pages | : 213 |
Release | : 2013-07-21 |
Genre | : Philosophy |
ISBN | : 1400846366 |
An argument against treating our bodies as commodities No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, Our Bodies, Whose Property? challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. Anne Phillips explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. What, she asks, is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? Phillips contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But she also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, Our Bodies, Whose Property? demonstrates that treating the body as property makes human equality harder to comprehend.
Author | : E. Richard Gold |
Publisher | : Georgetown University Press |
Total Pages | : 242 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780878406616 |
In Body Parts, E. Richard Gold examines whether the body and materials derived from it--such as human organs and DNA--should be thought of as market commodities and subject to property law. Analyzing a series of court decisions concerning property rights, Gold explores whether the language and assumptions of property law can help society determine who has rights to human biological materials. Gold observes that the commercial opportunities unleashed by advances in biotechnology present a challenge to the ways that society has traditionally valued the human body and human health. In a balanced discussion of both commercial and individual perspectives, Gold asserts the need to understand human biological materials within the context of human values, rather than economic interests. This perceptive book will be welcomed by scholars and other professionals engaged in questions regarding bioethics, applied ethics, the philosophy of value, and property and intellectual property rights. Given the international aspects of both intellectual property law and biotechnology, this book will be of interest throughout the world and especially valuable in common-law (most English-speaking) countries.
Author | : Muireann Quigley |
Publisher | : Cambridge University Press |
Total Pages | : 363 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1108570461 |
How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
Author | : Sherine Hamdy |
Publisher | : Univ of California Press |
Total Pages | : 370 |
Release | : 2012-03-13 |
Genre | : Medical |
ISBN | : 0520951743 |
Why has Egypt, a pioneer of organ transplantation, been reluctant to pass a national organ transplant law for more than three decades? This book analyzes the national debate over organ transplantation in Egypt as it has unfolded during a time of major social and political transformation—including mounting dissent against a brutal regime, the privatization of health care, advances in science, the growing gap between rich and poor, and the Islamic revival. Sherine Hamdy recasts bioethics as a necessarily political project as she traces the moral positions of patients in need of new tissues and organs, doctors uncertain about whether transplantation is a "good" medical or religious practice, and Islamic scholars. Her richly narrated study delves into topics including current definitions of brain death, the authority of Islamic fatwas, reports about the mismanagement of toxic waste predisposing the poor to organ failure, the Egyptian black market in organs, and more. Incorporating insights from a range of disciplines, Our Bodies Belong to God sheds new light on contemporary Islamic thought, while challenging the presumed divide between religion and science, and between ethics and politics.
Author | : Jesse Wall |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0198727984 |
Disputes over the use and storage of bodily material continue to arise but the law has no clear answer as to the legal status of bodily material. This book develops a way for the law to address disputes over the use and storage of bodily material that, contrary to the current trend, resists the application of property law.
Author | : Susan Brownmiller |
Publisher | : Open Road Media |
Total Pages | : 767 |
Release | : 2013-09-24 |
Genre | : Social Science |
ISBN | : 1480441953 |
DIVDIVSusan Brownmiller’s groundbreaking bestseller uncovers the culture of violence against women with a devastating exploration of the history of rape—now with a new preface by the author exposing the undercurrents of rape still present today/divDIV Rape, as author Susan Brownmiller proves in her startling and important book, is not about sex but about power, fear, and subjugation. For thousands of years, it has been viewed as an acceptable “spoil of war,” used as a weapon by invading armies to crush the will of the conquered. The act of rape against women has long been cloaked in lies and false justifications./divDIV It is ignored, tolerated, even encouraged by governments and military leaders, misunderstood by police and security organizations, freely employed by domineering husbands and lovers, downplayed by medical and legal professionals more inclined to “blame the victim,” and, perhaps most shockingly, accepted in supposedly civilized societies worldwide, including the United States./divDIV Against Our Will is a classic work that has been widely credited with changing prevailing attitudes about violence against women by awakening the public to the true and continuing tragedy of rape around the globe and throughout the ages./divDIV Selected by the New York Times Book Review as an Outstanding Book of the Year and included among the New York Public Library’s Books of the Century, Against Our Will remains an essential work of sociological and historical importance./divDIV/div/div
Author | : Silvia Federici |
Publisher | : PM Press |
Total Pages | : 158 |
Release | : 2020-01-01 |
Genre | : Social Science |
ISBN | : 1629637769 |
More than ever, “the body” is today at the center of radical and institutional politics. Feminist, antiracist, trans, ecological movements—all look at the body in its manifold manifestations as a ground of confrontation with the state and a vehicle for transformative social practices. Concurrently, the body has become a signifier for the reproduction crisis the neoliberal turn in capitalist development has generated and for the international surge in institutional repression and public violence. In Beyond the Periphery of the Skin, lifelong activist and best-selling author Silvia Federici examines these complex processes, placing them in the context of the history of the capitalist transformation of the body into a work-machine, expanding on one of the main subjects of her first book, Caliban and the Witch. Building on three groundbreaking lectures that she delivered in San Francisco in 2015, Federici surveys the new paradigms that today govern how the body is conceived in the collective radical imagination, as well as the new disciplinary regimes state and capital are deploying in response to mounting revolt against the daily attacks on our everyday reproduction. In this process she confronts some of the most important questions for contemporary radical political projects. What does “the body” mean, today, as a category of social/political action? What are the processes by which it is constituted? How do we dismantle the tools by which our bodies have been “enclosed” and collectively reclaim our capacity to govern them?