Fox, M and Thomson, M (2017) Bodily Integrity, Embodiment and the Regulation of Parental Choice. Journal of Law and Society, 44 (4). pp. 501-531. ISSN 0263-323X
Abstract
In this article we develop a new model of bodily integrity that we designate ‘embodied integrity’. We deploy it to argue that non-therapeutic interventions on children should be considered within a decision-making framework that prioritizes embodied integrity. This would counter the excessive decision-making power that law currently accords to parents, protecting the child's immediate and future interests. Focusing on legal responses to genital cutting, we suggest that current legal understandings of bodily integrity are impoverished and problematic. By contrast, adoption of an ‘embodied integrity’ model carves out a space for children's rights, while avoiding these negative consequences. We propose that embodied integrity should trump competing values in any best-interests assessment where a non-therapeutic intervention is requested. Drawing on Drucilla Cornell and Joel Feinberg's theories we argue that protecting a child's embodied integrity is essential to guarantee his/her right to make future embodied choices and become a fully individuated person.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Copyright, Publisher and Additional Information: | © 2017 The Author. Journal of Law and Society © 2017 Cardiff University Law School. This is the peer reviewed version of the following article: Fox, M. and Thomson, M. (2017), Bodily Integrity, Embodiment, and the Regulation of Parental Choice. Journal of Law and Society, 44: 501–531. doi:10.1111/jols.12056, which has been published in final form at https://doi.org/10.1111/jols.12056. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
|
Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 09 Oct 2017 15:49 |
Last Modified: | 28 May 2018 00:40 |
Status: | Published |
Publisher: | Wiley |
Identification Number: | 10.1111/jols.12056 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:122232 |