Argues that the most basic assertions about our bodies, that they are ours and distinguish us from each other, that they are private and have boundaries, races and genders, are all political theories, constructed in legal texts for political purposes. The text asserts that none of the contructions of the body in legal texts are universal truths that rest solely on body experience. It shows that legal texts can construct all kinds of bodies, that are public, open and accessible to others. Further, the language, images amd metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory.
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Book Description
Editorial Reviews
From Booklist
Where books by critical legal-studies practitioners such as Bell, Williams, and Delgado have circulated, Hyde's study of the ways U.S. jurisprudence "constructs" the human body will find readers. Hyde's approach is stylistically less adventurous than Bell's and Delgado's "Crenshaw" interlocutors; he experimented (an introduction reveals) with Williams' autobiographical technique but found it inappropriate to his focus on "the way American lawyers talk about the body: the range of metaphors, similes, and other verbal constructions that cumulatively form a discourse of the body." Hyde teases out buried assumptions revealed by legal texts that define the body as machine or property, grant (or deny) it privacy rights, position reproductive capacity in terms of the market, permit or proscribe display of the body or specific body parts, and view the body as individual or participant in community, as site of differences (e.g., race and gender) or symbol of a common condition. A bit academic but full of provocative insights. Mary Carroll
Review
Full of provocative insights. . . . -- Booklist
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First Sentence:
QUIET LITERALLY the first legal analogy taught to many American law students imagines the body as a machine, owned by its owner or buyer (someone or something other than the "body"), and used by that owner in order to make money. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
sentimentalized body, body fantasia, sentimental body, competing discursive constructions, sentimental bodies, inviolable body, commodified body, appearance regulation, body autonomy, penile plethysmograph, discursive creation, discursive bodies, discursive body, machine metaphor, privacy interest, body cavity searches, ethical aspirations, law constructs, machine body, privacy expectations, legal body Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Supreme Court, United States, George Hawkins, Jeanine Biocic, Shirley Rodriques, First Amendment, John Moore, Judith Butler, Sondra Tamimi, Treasury Employees, Elaine Scarry, Henning Jacobson, Margaret Green, Richard Rodriguez, Howard Johnson, Renee Rogers, Rudolph Lee, Mary Anne, Peter Brooks, Walter Harper, Justice Kennedy, Civil Rights Act, Johnson Controls, Mary Craig New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
QUIET LITERALLY the first legal analogy taught to many American law students imagines the body as a machine, owned by its owner or buyer (someone or something other than the "body"), and used by that owner in order to make money. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
sentimentalized body, body fantasia, sentimental body, competing discursive constructions, sentimental bodies, inviolable body, commodified body, appearance regulation, body autonomy, penile plethysmograph, discursive creation, discursive bodies, discursive body, machine metaphor, privacy interest, body cavity searches, ethical aspirations, law constructs, machine body, privacy expectations, legal body Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, Supreme Court, United States, George Hawkins, Jeanine Biocic, Shirley Rodriques, First Amendment, John Moore, Judith Butler, Sondra Tamimi, Treasury Employees, Elaine Scarry, Henning Jacobson, Margaret Green, Richard Rodriguez, Howard Johnson, Renee Rogers, Rudolph Lee, Mary Anne, Peter Brooks, Walter Harper, Justice Kennedy, Civil Rights Act, Johnson Controls, Mary Craig New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 100
books:
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32
books
cite this book:
See all 32 books citing this book
- Bodies That Matter: On the Discursive Limits of Sex by Judith Butler on 8 pages
- The Body in Pain: The Making and Unmaking of the World by Elaine Scarry on 5 pages
- Body Work: Objects of Desire in Modern Narrative by Peter Brooks on 5 pages
- Illness as Metaphor and AIDS and Its Metaphors by Susan Sontag on 4 pages
- Gender Trouble: Feminism and the Subversion of Identity by Judith Butler on 4 pages
See all 100 books this book cites
- Narrative Bodies: Toward a Corporeal Narratology by Daniel Punday on 4 pages
- AIDS and the Sexuality of Law: Ironic Jurisprudence by Joe Rollins in Front Matter, page 79, and Back Matter
- The Politics of Property: Labor, Freedom, and Belonging by Laura Brace on page 67, page 182, and Back Matter
- The Politics of Property: Labor, Freedom, and Belonging by Laura Brace on page 4, page 182, and Back Matter
- The Cultural Lives of Capital Punishment: Comparative Perspectives (The Cultural Lives of Law) by Austin Sarat on page 62, and page 66
See all 32 books citing this book
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