Legal Anatomy of the Body

Health, Rights, and Politics in Times of Emergency

AvMauro Balestrieri,Alice Cauduro

Inbunden, Engelska, 2026

Del i serien Ius Gentium: Comparative Perspectives on Law and Justice

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Beskrivning

This open access book provides a multidisciplinary examination of the governance of the human body in the post-pandemic public health landscape. It delves into how the body is regulated, policed, protected, and politicized in times of emergency, drawing on the expertise of a wide range of scholars—including experts in public, health, and comparative law, as well as philosophers, sociologists of law, and specialists in biopolitics, complexity theory, systems theory, and the history of medicine. At its core is the idea of the body as a contested site, subject to legal control, political intervention, and societal scrutiny during public health emergencies. Through the examination of issues like consent, surveillance, the marginalization of vulnerable groups, and the intersections of gender and health, the book critically assesses how emergency measures have not only challenged but reshaped our understanding of freedom, citizenship, and social norms. It interrogates the state’s role in governing health and bodies, analyzing contemporary legal debates and philosophical inquiries about the boundary between “normality” and “crisis”, and how this impacts democracy, rights, and the rule of law.By grounding its analysis within historical and theoretical frameworks, the book traces the evolution of health crisis governance and reflects on lessons for present and future challenges. Its interdisciplinary approach offers both deep theoretical insights and timely analysis of the current health landscape. Ultimately, the book challenges readers to rethink how we address health crises, the legal frameworks that emerge, and their broader societal implications.

Produktinformation

Utgivningsdatum:2026-06-09
Mått:155 x 235 x undefined mm
Format:Inbunden
Språk:Engelska
Serie:Ius Gentium: Comparative Perspectives on Law and Justice
Antal sidor:400
Förlag:Springer Nature Switzerland AG
ISBN:9783032264336

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Mauro Balestrieri, is Associate Professor of Comparative Law at the University of Turin. His research explores comparative jurisprudence, legal theory, and the cultural and historical formation of legal institutions. He is co-author of Quantitative Methods in Comparative Law (Edward Elgar, 2023) and co-editor of The Grand Strategy of Comparative Law (Routledge, 2024).Alice Cauduro, PhD, is an Assistant Professor of Administrative Law at the Department of Law, University of Turin, where she teaches Health Law and Pharmaceutical Administrative Law. Her research specializes in health and pharmaceutical law, with particular emphasis on regulatory transparency, public participation, and access to information, especially within the medical field. Dr. Cauduro is a frequent speaker at academic conferences and has contributed to national television programs and medical journals. She is actively involved in interdisciplinary research groups, serves on several editorial boards, and has published extensively on issues of pharmaceutical law and access to medicines. In 2024, she undertook a research period at the Law, Medicines and Life Sciences Centre in Cambridge, UK, focusing on the governance of medicine costs in the UK and Italy.

Innehållsförteckning

Introduction: Law, Body, and Health in a Post-Pandemic World.- Part I: Law, Medicine, and the Early Modern Epistemology of the Body.- Pestis Ius in Early Modern Pandemics: A Genealogy of Health Law in the Holy Roman Empire.- Moving on the Latitude of Health and Disease. Some Remarks on the Galenic Concept of Neutrum from the 16th to the 18th Centuries.- Governing the Experimental Body: Codification, Delegation, and the Economy of Practice in the Early Modern Period.- Part II: Philosophies of the Body and Legal Responses to Health Emergencies.- Why the Body Matters. Sovereignty, Control, and Individual Freedom.- What Is a Body? Law, Health, and Well-Being in Times of Emergency.- Bodies of Risk. Medicine, Law, and the Paradox of Decision-Making in Health Crises Analysed Through Social Systems Theory.- The Body and the Punishment: The Ideology of Cure Between Past and Present.- Part III: Global Health Governance between Access, Innovation, and Regulatory Challenges.- Strengthening Legal Preparedness in the European Union after the Pandemic: Law, Policy, and Parliamentary Accountability.- Pharmaceutical Citizenship in the Pandemic: What does the English Experience with ‘COVID Passports’ Reveal?.- The Fundamental Right to Health and Its Universal Guarantees.- Crisis as Usual: Antimicrobial Resistance and the Temporal Governance of Global Health.- Access to Medicines as a Proxy for Universal Healthcare.- Part IV: Gender, Intersectionality, and Reproductive Rights in Health Crises.- The Invisible Women: Gender in Global Legal Regimes of Health Emergencies.- Women’s Bodies, Abortion Law in the UK and the Right to Abortion in Emergencies.- The Legal Anatomy of Women’s Bodies Beyond Emergency Times.- Governing AI in Public Health: Advancing the Right to Health through an Intersectional Lens.