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Introduction / Camilla Pickles and Jonathan Herring -- Non-consented vaginal examinations : the birthrights and AIMS perspective / Rebecca Brione -- Silence, acquiescence or consent : interpreting women's responses to intimate examinations / Elsa Montgomery -- Female genital examination and autonomy in medicine / Neda Taghinejadi and Brenda Kelly -- When a uterus enters the room, reason goes out the window / Stella Villarmea -- Human rights and gender stereotypes in childbirth / Christina Zampas -- How should the performance of periparturient vaginal examinations be regulated? / Charles Foster -- Including the victim's perspective : can vaginal examinations ever be sexual assaults? / Catarina Sjölin -- When 'battery' is not enough : exposing the gaps in unauthorised vaginal examinations during labour as a crime of battery / Camilla Pickles -- Implied consent and vaginal examination in pregnancy / Jonathan Herring -- Troubling consent : pain and pressure in labour and childbirth / Claire Murray -- Redressing unauthorised vaginal examinations through litigation / Andrea Mulligan.
This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in th...
This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth i...
This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.
Within the Euro-American literary tradition, Gothic stories of childhood and adolescence have often served as a tool for cultural propaganda, advancing colonialist, white supremacist and patriarchal ideologies. This book turns our attention to modern and contemporary Gothic texts by hemispheric American writers who have refigured uncanny youth in ways that invert these cultural scripts. In the hands of authors ranging from Octavio Paz and Maryse Condé to N. Scott Momaday and Carmen Maria Machado, Gothic conventions become a means of critiquing pathological structures of power in the space of the Americas. As fictional children and adolescents confront persisting colonial and neo-imperialist architectures, grapple with the everyday ramifications of white supremacist thinking, navigate rigged systems of socioeconomic power, and attempt to frustrate patterns of gendered, anti-queer violence, the uncanny and the nightmarish in their lives force readers to reckon affectively as well as intellectually with these intersecting forms of injustice.
In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship.
This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges “middle age” to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers.
A philosopher examines the complicated phenomenon of gaslighting “Gaslighting” is suddenly in everyone’s vocabulary. It’s written about, talked about, tweeted about, even sung about (in “Gaslighting” by The Chicks). It’s become shorthand for being manipulated by someone who insists that up is down, hot is cold, dark is light—someone who isn’t just lying about such things, but trying to drive you crazy. The term has its origins in a 1944 film in which a husband does exactly that to his wife, his crazy-making efforts symbolized by the rise and fall of the gaslights in their home. In this timely and provocative book, Kate Abramson examines gaslighting from a philosophical pers...
Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics - Answer guidance to one question per chapter
RecordCovid19. Historicizing Experiences of the Pandemic provides insights into the experience of the Covid19 pandemic from an historical and sociological perspective. Using the first-hand testimonies submitted as part of the #RecordCovid19 project as its inspiration, the chapters in this edited collection explore and contextualise the initial responses to the Covid19 pandemic. The collection examines people’s relationships with Covid19 as an historical event, including their own experiences of living through history; their relationship with their surroundings, including their relationships with family, the soundscapes and the emotional environments of a pandemic world; the impact and tone of political rhetoric, including the use (and misuse) of wartime myths and language in the United Kingdom; and finally, what lessons can be learnt from how people discuss their own personal stories and what lessons can we draw from previous examples of storytelling in moments of crisis. The result is a fascinating and rich discussion derived from an archive full of idiosyncratic experiences of life changing during the Covid19 pandemic.