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Dekkers, René; Utechin, S. V.; Dawson, J. G.; Beermann, R.

doi:10.1080/09668136208410316

Cited by 1 publication

(1 citation statement)

References 2 publications

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“…Dekker et al have highlighted how, in addition to valuing anatomical wholeness, Kantian views of integrity encompass an important dimension of functional integrity which underpins biological intactness. 85 While intriguing notions of authorization, control, function, and flourishing ground these conventional narratives of bodily integrity, Jennifer Nedelsky highlights how the boundary metaphors that accompany them can be pervasive and destructive, arguing that`in law the concept of boundary has become more of a mask than a lens'. 86 This resonates with Savell's argument that the boundary-dependent accounts of conventional bodily integrity, and the judicial dicta which they continue to influence, fail to capture the embodied complexity of what is at stake in such cases.…”

Section: Legal Understandings Of Bodily Integritymentioning

confidence: 99%

Bodily Integrity, Embodiment, and the Regulation of Parental Choice

Fox

Thomson

2017

Journal of Law and Society

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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.

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Section: Legal Understandings Of Bodily Integritymentioning

confidence: 99%