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This book argues that the foundational terms and concepts, which form the basic building blocks of dialogue about health, are now in flux. While the forces in play differ, and the pace of change is varied, there is now a brave new world of health which characterises policy debate about health (and illness or disability). This permeates even the more narrow technical issues within clinical medicine, the law and medical science. This construction and reconstruction of health has important implications for the development of law and policy.
This handbook highlights the growing tensions surrounding the current dominant ethical clearance model which is increasingly being questioned, particularly in critical research. It draws on stories from the field in critical research conducted in a range of contexts and countries and on an array of topics. The authors involved in this collection encountered dilemmas, contradictions and surprises that brought about a change in their understanding of ethics. Throughout the book they discuss how ethics is an ongoing and situated struggle that requires researchers, at times, to traverse traditional ethical imperatives. Four sections lead readers through the complexities of grounded ethical practice: encountering systems, including Ethics Committees and institutions; blurring boundaries within research; the politics of voice, anonymity and confidentiality; and power relations in researching ‘down’, ‘up’, and ‘alongside’. This handbook is a resource for social science researchers using critical methodologies across a range of disciplines, as well as for students and teachers of ethics, in navigating the quandaries of ‘doing good’ while doing good research.
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.
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 th...
Essays approach bioethics from postmodernist feminist theoretical perspectives, opening it to critiques that question the traditional normative framework.
Transcending the Boundaries of Law is a ground-breaking collection that will be central to future developments in feminist and related critical theories about law. In its pages three generations of feminist legal theorists engage with what have become key feminist themes, including equality, embodiment, identity, intimacy, and law and politics. Almost two decades ago Routledge published the very first anthology in feminist legal theory, At the Boundaries of Law (M.A. Fineman and N. Thomadsen, eds. 1991), which marked an important conceptual move away from the study of "women in law" prevalent in the 1970s and 1980s. The scholars in At the Boundaries applied feminist methods and theories in e...
Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
To date, intersex studies has not received the scholarly attention it deserves as research in this area has been centred around certain key questions, scholars and geographical regions. Exploring previously neglected territories, this book broadens the scope of intersex studies, whilst adopting perspectives that turn the gaze of the liberal, humanist, scientific outlook upon itself, in order to reconfigure debates about rights, autonomy and subjectivity, and challenges the accepted paradigms of intersex identity politics. Presenting the latest theoretical and empirical research from an international group of experts, this is a truly interdisciplinary volume containing critical approaches from both the humanities and social sciences. With its contributions to sociology, anthropology, medicine, law, history, cultural studies, psychology and psychoanalysis, Critical Intersex will appeal to scholars and clinical practitioners alike.
Gold Medalist, 2013 Independent Publisher Book Awards in the Women's Studies category Structural Violence seeks to redraw the conventional map of violence against women. In order to understand violence as a fundamentally heterogeneous phenomenon, it is essential to go beyond interpersonal partner violence and analyze the workings of institutional and structural violence. Self-help books, some shelters, the courts, federal and state legislation, empirical studies, therapeutic models, and even some mainstream feminist polemics presume that all women face the same kind of violence. This assumption masks violence that does not conform to the imagined norm, such as violence against women who are ...
Law and legal discourse both presuppose and produce legal subjects. Views on the nature of the legal subject will constantly shift, therefore, with changes in the law. Contextual Subjects argues that a new view of the legal subject has indeed emerged and that it is now embedded in the social context and relationships. This claim is developed through a contrast of Canadian family law and administrative law as it was in the mid-twentieth century and as it is today. Robert Leckey argues that it is not only the subject that is contextual. Legal discourse and adjudication have also become more contextual, making family law and administrative law themselves contextual subjects. Leckey bolsters thi...