By Alan Hyde
"Alan Hyde has produced a beautiful severe anatomy of the way the human physique figures (and is figured) in American felony discourse. someone who desires to comprehend the myriad mechanisms wherein legislation constructs and regulates corporeality could do good first of all this ebook. our bodies of legislation will stand as a decisive intervention within the sudy of legislations and modern 'body politics.'"--Kendall Thomas, Columbia legislations college the main simple assertions approximately our bodies--that they're ours and distinguish us from one another, that they're deepest and feature limitations, races, and genders--are all political theories, developed in felony texts for political reasons. So argues Alan Hyde during this first account of the physique in criminal suggestion. Hyde demonstrates that not one of the structures of the physique in criminal texts are common truths that relaxation completely on physique event. Drawing on an array of attention-grabbing case fabric, he exhibits that criminal texts can build every kind of our bodies, together with those who usually are not owned in any respect, which are similar to different our bodies, which are public, open, and obtainable to others. extra, the language, photos, and metaphors of the physique in criminal texts can frequently persuade us of positions to which we might no longer assent as a question of political conception. via research of criminal texts, Hyde indicates, for instance, how law's phrases build the vagina because the so much searchable physique half; the penis as totally less than psychological keep watch over; the bone marrow that needn't be shared with a half-sibling who will die with no it; and urine that has to be surrendered for drug trying out in rituals of nationwide purification. This ebook will curiosity an individual excited about cultural experiences, gender experiences, ethnic stories, and political thought, or someone who has heard the word "body developed in discourse" and needs to work out, step-by-step, precisely how this is often performed.
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Additional info for Bodies of Law
Chapter 2 THE FATIGUED BODY: ON THE PROGRESSIVE HISTORY OF THE BODY AS MACHINE Bodies were machines in American law principally from 1908 to 1929, as the symbolic objects of efficient management and regulation. The analogy does not appear to have been used in American law until the early years of the twentieth century, as part of the legal campaign over legislated limits to the working day. By the time the legal body was first constructed as a machine, the machine body was an extremely complex metaphor that was in active use in medical thought and in literature to convey at least three different ideas.
Their very ability to construct alternative legal bodies must be cut loose to drift in the silences of Hawkins, so utterly free of descriptions of the body, representations of pain, shame, or embarrassment, metaphors of closeness or bodily presence. 25 Scarry, The Body in Pain 44. Chapter 2 THE FATIGUED BODY: ON THE PROGRESSIVE HISTORY OF THE BODY AS MACHINE Bodies were machines in American law principally from 1908 to 1929, as the symbolic objects of efficient management and regulation. The analogy does not appear to have been used in American law until the early years of the twentieth century, as part of the legal campaign over legislated limits to the working day.
The Supreme Court of New Hampshire dealt first with Dr. McGee’s contention that no case should ever have been sent to the jury since the alleged “perfect hand” statement (which Dr. McGee denied making) was, even if made, legally insufficient to constitute a contract. Contract theory at the time of the case, and now, supports Dr. McGee on the abstract proposition that there is a role for courts in such matters; that a jury is not free to find absolutely any words or deeds to constitute an enforceable contract; and that a trial or appellate court may decide that particular words or deeds would not be understood by any reasonable hearer as a contractual commitment.