This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. Contributors include: P. Arcidiacono, J. Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello, E. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M. Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka, C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A. Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T. Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S. Westwood

Navigates the divergent cultural meanings of health, and its entanglement with morality in current political discourse You see someone smoking a cigarette and say,"Smoking is bad for your health," when what you mean is, "You are a bad person because you smoke." You encounter someone whose body size you deem excessive, and say, "Obesity is bad for your health," when what you mean is, "You are lazy, unsightly, or weak of will." You see a woman bottle-feeding an infant and say,"Breastfeeding is better for that child's health," when what you mean is that the woman must be a bad parent. You see the smokers, the overeaters, the bottle-feeders, and affirm your own health in the process. In these and countless other instances, the perception of your own health depends in part on your value judgments about others, and appealing to health allows for a set of moral assumptions to fly stealthily under the radar. Against Health argues that health is a concept, a norm, and a set of bodily practices whose ideological work is often rendered invisible by the assumption that it is a monolithic, universal good. And, that disparities in the incidence and prevalence of disease are closely linked to disparities in income and social support. To be clear, the book's stand against health is not a stand against the authenticity of people's attempts to ward off suffering. Against Health instead claims that individual strivings for health are, in some instances, rendered more difficult by the ways in which health is culturally configured and socially sustained. The book intervenes into current political debates about health in two ways. First, Against Health compellingly unpacks the divergent cultural meanings of health and explores the ideologies involved in its construction. Second, the authors present strategies for moving forward. They ask, what new possibilities and alliances arise? What new forms of activism or coalition can we create? What are our prospects for well-being? In short, what have we got if we ain't got health? Against Health ultimately argues that the conversations doctors, patients, politicians, activists, consumers, and policymakers have about health are enriched by recognizing that, when talking about health, they are not all talking about the same thing. And, that articulating the disparate valences of "health" can lead to deeper, more productive, and indeed more healthy interactions about our bodies.

View the Table of Contents
Read the Introduction

Author Interview on "The Brian Lehrer Show"

aDiscrimination against the obese is today pervasive and oppressive. The problem will only grow worse as the epidemic of obesity spreads. Kirkland has written the definitive study of obesity within American law. It is required reading for anyone concerned with this issue. This is an admirable and profound book.a
--Robert Post, Yale Law School

aProvides a much-needed conceptual map for making sense of how we in the U.S. talk about difference, discrimination, and rights generally. The result is an imaginative, insightful, savvy, and unusually accessible inquiry that should be required reading for anyone interested in the politics of civil rights. Highly recommended!a
--Michael McCann, University of Washington

America is a weight-obsessed nation. Over the last decade, thereas been an explosion of concern in the U.S. about people getting fatter. Plaintiffs are now filing lawsuits arguing that discrimination against fat people should be illegal. Fat Rights asks the first provocative questions that need to be raised about adding weight to lists of currently protected traits like race, gender, and disability. Is body fat an indicator of a character flaw or of incompetence on the job? Does it pose risks or costs to employers they should be allowed to evade? Or is it simply a stigmatized difference that does not bear on the ability to perform most jobs? Could we imagine fatness as part of workplace diversity? Considering fat discrimination prompts us to rethink these basic questions that lawyers, judges, and ordinary citizens ask before a new trait begins to look suitable forantidiscrimination coverage.

Fat Rights draws on little-known legal cases brought by fat citizens as well as significant lawsuits over other forms of bodily difference (such as transgenderism), asking why the boundaries of our antidiscrimination laws rest where they do. Fatness, argues Kirkland, is both similar to and provocatively different from other protected traits, raising longstanding dilemmas in antidiscrimination law into stark relief. Though options for defending difference may be scarce, Kirkland evaluates the available strategies and proposes new ways of navigating this new legal question.

Fat Rights enters the fray of the obesity debate from a new perspective: our inherited civil rights tradition. The scope is broad, covering much more than just weight discrimination and drawing the reader into the larger context of antidiscrimination protections and how they can be justified for a new group.

A behind-the-scenes examination of the special court dedicated to claims that vaccines have caused harm The so-called vaccine court is a small special court in the United States Court of Federal Claims that handles controversial claims that a vaccine has harmed someone. While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person's medical problem. In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the US? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it's foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.

View the Table of Contents
Read the Introduction

Author Interview on "The Brian Lehrer Show"

aDiscrimination against the obese is today pervasive and oppressive. The problem will only grow worse as the epidemic of obesity spreads. Kirkland has written the definitive study of obesity within American law. It is required reading for anyone concerned with this issue. This is an admirable and profound book.a
--Robert Post, Yale Law School

aProvides a much-needed conceptual map for making sense of how we in the U.S. talk about difference, discrimination, and rights generally. The result is an imaginative, insightful, savvy, and unusually accessible inquiry that should be required reading for anyone interested in the politics of civil rights. Highly recommended!a
--Michael McCann, University of Washington

America is a weight-obsessed nation. Over the last decade, thereas been an explosion of concern in the U.S. about people getting fatter. Plaintiffs are now filing lawsuits arguing that discrimination against fat people should be illegal. Fat Rights asks the first provocative questions that need to be raised about adding weight to lists of currently protected traits like race, gender, and disability. Is body fat an indicator of a character flaw or of incompetence on the job? Does it pose risks or costs to employers they should be allowed to evade? Or is it simply a stigmatized difference that does not bear on the ability to perform most jobs? Could we imagine fatness as part of workplace diversity? Considering fat discrimination prompts us to rethink these basic questions that lawyers, judges, and ordinary citizens ask before a new trait begins to look suitable forantidiscrimination coverage.

Fat Rights draws on little-known legal cases brought by fat citizens as well as significant lawsuits over other forms of bodily difference (such as transgenderism), asking why the boundaries of our antidiscrimination laws rest where they do. Fatness, argues Kirkland, is both similar to and provocatively different from other protected traits, raising longstanding dilemmas in antidiscrimination law into stark relief. Though options for defending difference may be scarce, Kirkland evaluates the available strategies and proposes new ways of navigating this new legal question.

Fat Rights enters the fray of the obesity debate from a new perspective: our inherited civil rights tradition. The scope is broad, covering much more than just weight discrimination and drawing the reader into the larger context of antidiscrimination protections and how they can be justified for a new group.

Navigates the divergent cultural meanings of health, and its entanglement with morality in current political discourse You see someone smoking a cigarette and say,“Smoking is bad for your health,” when what you mean is, “You are a bad person because you smoke.” You encounter someone whose body size you deem excessive, and say, “Obesity is bad for your health,” when what you mean is, “You are lazy, unsightly, or weak of will.” You see a woman bottle-feeding an infant and say,“Breastfeeding is better for that child’s health,” when what you mean is that the woman must be a bad parent. You see the smokers, the overeaters, the bottle-feeders, and affirm your own health in the process. In these and countless other instances, the perception of your own health depends in part on your value judgments about others, and appealing to health allows for a set of moral assumptions to fly stealthily under the radar. Against Health argues that health is a concept, a norm, and a set of bodily practices whose ideological work is often rendered invisible by the assumption that it is a monolithic, universal good. And, that disparities in the incidence and prevalence of disease are closely linked to disparities in income and social support. To be clear, the book's stand against health is not a stand against the authenticity of people's attempts to ward off suffering. Against Health instead claims that individual strivings for health are, in some instances, rendered more difficult by the ways in which health is culturally configured and socially sustained. The book intervenes into current political debates about health in two ways. First, Against Health compellingly unpacks the divergent cultural meanings of health and explores the ideologies involved in its construction. Second, the authors present strategies for moving forward. They ask, what new possibilities and alliances arise? What new forms of activism or coalition can we create? What are our prospects for well-being? In short, what have we got if we ain't got health? Against Health ultimately argues that the conversations doctors, patients, politicians, activists, consumers, and policymakers have about health are enriched by recognizing that, when talking about health, they are not all talking about the same thing. And, that articulating the disparate valences of “health” can lead to deeper, more productive, and indeed more healthy interactions about our bodies.