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The State and the Body - Legal Regulation of Bodily Autonomy (Hardcover)
Loot Price: R2,816
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The State and the Body - Legal Regulation of Bodily Autonomy (Hardcover)
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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.
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