This chapter explores the representation of the human body, with a particular focus on transgenesis and transgenderism, in Pedro Almodóvar’s La Ley del Deseo (Law of Desire) (1987) and La Piel que Habito (The Skin I Live In) (2011). Although released 24 years apart, both films represent the female body as a construct that mirrors the fluid reality of the postmodern era in which this body is found. Thus, as the physical space of our global habitat (...) has become ever more artificial, fragmented and unfixed so, too, the screened individual is a ‘floating and drifting self,’ a being that has become increasingly hard to define. Known for his unconventional themes and plots, Almodóvar here challenges traditional notions of what is male and female and the two concepts merge. The viewer explores a fluid corporeal and gendered territory as the once biologically male protagonists are subjected to either voluntary or forced sex change, leaving them physically transformed into a female although their thought patterns are still partly male. Gender and body are open to new interpretations as the filmmaker demonstrates how the human body (and skin), in a sexually permissive, socially and culturally less rigid era, can be surgically and bio-medically altered through a number of procedures, a process which by its end result at times reminds of a Deleuzian becoming. The screened individual is physically changeable, body and mind unfixed concepts, as one identity is left behind and another is adopted. Almodóvar’s man/woman/construct resembles what Zygmunt Bauman has called ‘denizens of’ a ‘postmodern habitat’ that ‘have a rootless and inconclusive existence.’ The argument is inserted into a Baumanian and Deleuzian framework and the fluidity of the human being is analysed from a partly postmodern perspective. (shrink)

This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or (...) after their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies. (shrink)

The story of the body. Fay Bound Alberti takes the human body apart in order to put it back anew, telling the cultural history of our key organs and systems from the inside out, from blood to guts, brains to sex organs.

This essay proposes two examples of avant-garde theatre, Jerzy Grotowski's poor theatre and Augusto Boal's theatre of the oppressed, as resources for Christian ethics. Both pursue theater as bodily copresent interaction whose moral labor is the liberation of the human body from conventional gestures for the sake of authentic encounter and from oppressive postures for the sake of social intervention. Focusing on the body in this way reveals that the place of narrative, while essential to Christian ethics, (...) is ambiguous. The outcome of this argument is the possibility of combining the insights of monastic and liberation accounts of the moral life in order to release moral action in microsocial encounters, thus recovering the constitutive humility of Christian ethics. (shrink)

The human body shield problem involves an apparent dilemma for a libertarian, forcing him to choose between his own death and the death of an innocent person. This paper argues that the non-aggression principle permits a forceful response against the property of innocent individuals when a conflict is initiated with that property. In other words, a libertarian may shoot the hostage in order to save himself.

Mother and Fetus: Rights in Conflict A. INTRODUCTION After fertilization of the female egg (ovum) with male sperm the resulting zygote may implant ...

In cultural history the human body has been the object of a great variety of opposing valuations, ranging from "imago dei" to "the devil's tool". At present, the body is commonly regarded as a mere means to fulfill the wishes of its "owner". According to these wishes it can be technically improved in an unlimited way. Against this view the text argues for a conception of the human body as a valuable "common heritage". The "normal" (...) human body as the result of natural and cultural history is an essential condition of the modern social and legal order. The consequences of its technical alteration should be the subject of public debates and common decisions. (shrink)

Who or what determines the right to die? Do advancing reproductive technologies change reproductive rights? What forces influence cultural standards of beauty? How do discipline, punishment, and torture reflect our attitudes about the human body? In this challenging new book, Jean Bethke Elshtain, a nationally recognized scholar in political science and philosophy, and J. Timothy Cloyd, a strong new voice in social and political science, have assembled a collection of thought-provoking essays on these issues written by some of (...) the finest minds of our day. (shrink)

This special volume of Health Care Analysis is dedicated to a consideration of the status of body parts and products and the roleof law in regulating them. We argue that such a discussion is timely giventhe conflation of technological and academic concerns posed by thecomplex legal framework within which these issues are currentlyaddressed and in the light of debates such as those regardingthe storage of children's organs addressed by inquiries atAlder Hay and Bristol, United Kingdom. The contributors addressspecific legal (...) problems which have been brought before the courts in the UK and other jurisdictions, something which wesuggest is likely to occur with increasing regularity oncethe Human Rights Act 1998 comes into force in October 2000.The issues are also considered on a more theoretical level with papers exploring the role of concepts such as property, donation, commodification and kinship in these debates.While the volume focuses principally upon the manner inwhich these issues have arisen in a UK context, though withreference to certain comparative examples, the concepts discussed here are of more general application acrossother jurisdictions. (shrink)

Descriptions of body imagery and body parts are evident in expressions of Old Testament texts. Although there is no single term for ‘body’ in the Hebrew mind, the concept of ‘body’ functions in its different parts. As part of anthropomorphic descriptions of God and expressions attached to humankind, body parts have special significance, contributing to the theological dimension of texts. The poems in the Psalter are no exception. Several body parts are mentioned in Psalm (...) 38, an individual lament song. In addition to God’s hand (v. 3) and an allusion to his voice (v. 16), several body parts describe the psalmist’s condition. These include ‘flesh’ (bāšār, 3, 8), bones (‘ætsæm, 3), head (rôsh, 5), loins (kæsæl, 8), heart (lēb, 9, 11), eyes (‘yn, 11), mouth (pæh, 14, 15), and feet (rægæl, 17). In addition, allusions to the ear (14, 15) and injured body (wounds, 6) form part of the psalmist’s lamenting experience.Contribution: This presentation touches on the general meaning of these body imagery in the Old Testament and their specific function and meaning in the text of Psalm 38. A textual analysis will portray their theological significance. (shrink)

This essay roughly sketches two major conceptions of autonomy in contemporary bioethics that promote the resourcification of human body parts: (1) a narrow conception of autonomy as self-determination; and (2) the conception of autonomy as dissociated from human dignity. In this paper I will argue that, on the one hand, these two conceptions are very different from that found in the modern European tradition of philosophical inquiry, because bioethics has concentrated on an external account of patient’s self-determination (...) and on dissociating dignity from internal human nature. However, on the other hand, they are consistent with more recent European philosophy. In this more recent tradition, human dignity has gradually been dissociated from contextual values, and human subjectivity has been dissociated from objectivity and absolutized as never to be objectified. In the concluding part, I will give a speculative sketch in which Kant’s internal inquiry of maxim of ends, causality and end, and dignity as irreplaceability is recombined with bioethics’ externalized one and used to support an extended human resourcification. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

For millennia, the basic idea that there is a universal order that connects human beings and the universe has lived on in many cultures. This order has often been expressed in geometric or musical-harmonic terms. From Pythagoras to Kepler, universal scholars were firmly convinced that this order represented the primordial code of all things. This chapter explores a new interdisciplinary perspective that combines the fields of traditional Chinese medicine (TCM), music theory, and Keplerian astronomical insights. By means of corresponding (...) mathematical analyses, it is shown that the energy meridians of the human body correspond to a specific musical-harmonic order, which in turn is inextricably linked to certain relational aspects of the celestial bodies of our solar system. The study represents completely new discoveries in relation to this universal connection. In doing so, it also opens up new levels of understanding and provides new aspects for the further development of the concept of cosmic life. (shrink)

In this article, I will attempt to provide a historical case study, I suggest that the demarcation between perception and how a figure is ‘seen’ is the process of perpetual filtering between the levels of sensation and perception. I argue that this filtering operates through the basic visual principles, which may vary and have divergent functions in different paradigms. This historical case study will focus on the fifty-six plates featured in the influential work of the London surgeon William Cheselden, to (...) reveal the paradigm-based filtering in these prints by arguing that the sense data is organized in the simplest manner to view figures in their unity. Thus, I will focus on the visual principle of simplicity, which features the patterns of similarity, contrast and symmetry. An analysis of Cheselden’s usage of these patterns will demonstrate that he aims to show that every bone in human body is united to one another, which forms an organizing structure. I will conclude that these visual principles were used by Chelselden to achieve perfection by conveying right proportions and the correct number of scales of human body since his observations was laden with Newtonian paradigm. Finally, I will compare this usage to that of Ibn Sina’s, to disclose the paradigm-ladenness of scientific observations. (shrink)

This paper considers what Fichte's conception of the human body as an instrument of perception entails for his radical principle of the primacy of practice. According to Fichte, perception is a function of what he calls the "articulation" of the human body, as opposed to its "organization." I first provide an interpretation of his theory of the human-bodily articulation by arguing that he construes it as a product of culture as well as nature. On this (...) basis, I go on to consider the theory's implications for perception: first, since our articulated body is the sphere of our free activity, it follows from its function as the instrument of perception that we always exercise some measure of control over what we perceive; second, because our articulated body is a product of culture, the way in which we perceive is conditioned by practical rules, precepts and laws that regulate our reciprocal interaction with nature and society. (shrink)

This article reviews the latest report from the Nuffield Council on Bioethics, Human Bodies: Donation for Medicine and Research. It argues that the report represents a notable evolution in the Council's position regarding the appropriate governance of the human body and biomaterials. It then goes on to examine in more depth one of the report's recommendations – that a pilot payment scheme for eggs for research purposes should be trialled. In particular, it looks at whether the distinctions (...) drawn, first, between eggs for research and therapeutic purposes and, secondly, between eggs for research and other biomaterials can be adequately justified. (shrink)

The trade in human body parts can be understood as a solution to key challenges for both buyers and suppliers, as well as being a manifestation of individual property rights over one’s own body. However, it can be argued that there are serious ethical issues involved in commercializing the body in this way, despite which there has recently been a large increase in the international trade in human body parts. The most extensive transactions have (...) concerned the trade in kidneys and the services of the fertility industry. An important driver of this is the fact that the medical profession is increasingly able to facilitate exchanges of human body parts relatively smoothly. The chapter focuses on commercial surrogacy as an example of the ethical aspects of the trade in human body parts and addresses the potential interplay between markets and ethical issues. (shrink)

A grabs B and uses him as a body shield. That is, A hides behind B , and from that vantage point, shoots at C. According to libertarian theory, may B shoot at C, or, is it proper that C pull the trigger at B? In the view of Rothbard , the former is correct: B is entitled to gun down C. In my view, this is incorrect. Rather, it would be lawful to C to properly kill B. . (...) Jakobsson supports the Rothbardian position. The present paper is at an attempt of mine to refute Jakobsson, and, thus, also, Rothbard , once again. (shrink)

A human being is the carrier of two different ideas, and there is no direct relation between them. One of these ideas refers to the body. The body itself is a system genetically coded and programmed in advance. On the other hand, one part of the body – the brain – appears to be the carrier of another idea that reflects the whole Universe – the Cosmos. Due to the function human (concretely, brain) is Microcosm, (...) regarded as epitomizing the universe. So human brain or widely to say, human itself is the carrier of the ideas of body parts, and essence-idea of whole body, as well as passive idea of whole cosmos. In a practical life of the human being only very little part of this cosmic idea is actualized and used. Untraditional reflections of this great potential as a result of unusual events beyond ofstandards are also possible. Then knowledge, information-ideas that a human being was ignorant and that were not acquired as a result of his sensual practice throughout his real life, may be activated and these cases are regarded as mystery and sensation. While all human beings possess this potential, capacity, we have not yet acquired well the mechanisms of activation of these passive ideas. Studying the ways of the activation of the passive ideas of our brain is one of the main tasks nowadays. (shrink)

The author emphasizes the fact that the largest part of Plato’s Timaeus deals with human nature and offers a detailed account of the constitution of the human body. He then lists the parallels and the differences between the constitution of the world body and the human body. The central part of the paper deals with Plato’s explanation of the persistence of the human body within a bodily environment which causes its dissolution. The (...) author pays a special attention to Plato’s theory of the apparatus which keeps running the processes of respiration, digestion and blood circulation. In the concluding section, the author raises thequestion of the relationship between human body and human soul. He shows that, in Plato’s Timaeus, the human body functions to a large extent independently from human soul. One possible reason for this theory is Plato’s conception of the immortal soul. While the human body exists in order to harbour the immortal soul, the latter does not produce and preserve it nor does it cause its dissolution. It only exercises cognitive and ruling functions in it as long as the body is able to hold together and to detain the soul. (shrink)

Abstract:In this paper I will explore the contribution of philosophical anthropology to music education research which, over recent years, has been showing an increasing interest in the human body. In order to do this I will especially be drawing on the ideas of one of its pioneers, Helmuth Plessner. Plessner’s philosophy should be understood as an effort to overcome the Cartesian dualism ‘mind/body’ and to highlight the unity of a human being and her/his relation to her/his (...) environment. With his central theory of “eccentric positionality,” Plessner draws on a human’s relation to her/his body because a human is able to acknowledge that “I am body” and “I have body” while at the same time being able to realize her/his own situation and reflect upon it. Plessner grounds his thinking about music on his phenomenological observation about sound. He remarks that sound, which can be at the same time far and near, has voluminosity, impulsivity, an undeviating relation to human expressivity, is organized in vertical and horizontal arrangement, and tends towards sequentially. Because of all this, sound is compliant with a human body. His philosophy and especially his writings about music and sound could be fruitful for music educational theory and praxis. Some crucial aspects of his theory are embodiment in music, the relation between the meaning of music and body movements, the relation between the conduct of music and conduct of a human and the formation of culture as an open process. In this theoretical terrain concrete proposals and more general suggestions for an efficient and successful music education practice can be located. (shrink)

The legal status of the human body is hotly contested, yet the law of the body remains in a state of confusion and chaos. Sometimes the body is treated as an object of property, sometimes it is dealt with under the rubric of contract, and sometimes it is not conceived as property at all, but rather as the subject of privacy rights. Which body of law should become the law of the body? This question (...) is even more pressing in the context of current biomedical research, which permits commodification and commercialization of the body by everyone except the person who provides the “raw materials.” The lack of property protection for tangible parts of the human body is in stark contrast to the extensive protection granted to intellectual property in the body in the form of patents upon human genes and cell lines. Moreover, even courts that reject ownership claims on the part of those who supply body parts appear willing to grant property rights to scientists, universities, and others who use those body parts to conduct research and create products. (shrink)

This volume will be an invaluable guide for student and professional researchers in visual perception, cognitive psychology, and cognitive neuroscience.

What is a human body? Some reasons are given for thinking that, in the primary case, it is a body that is both of and suitable to a rational animal.

The lived body (Leib) in the phenomenological tradition tends to be thought as the living body of the acting and perceiving subject, which is then analyzed by way of subjective self-reflection. This is true for Husserl (1970) as well as for Merleau-Ponty (1962) and Sartre (1992). When, however, the lived body is made the starting point of analysis in this way, it becomes a general and thus transhistorical condition of experience, and it is only in a second (...) step that social relations and historical formation can be inscribed into it. Plessner’s concept of the lived body (Leib) differs in two ways from this view predominant in phenomenology. First, Plessner does not approach the lived body in terms of a .. (shrink)

The approach to AIDS as a disease and a threat for social discrimination is used as an example to illustrate a conceptual thesis. This thesis is a claim that concerns what we call a medical issue or not, what is medicalised or needs to be demedicalised. In the friction between medicalisation and demedicalisation as discursive strategies the latter approach can only be effected through the employment of discourses or discursive strategies other than medicine, such as those of the law and (...) of economics. These discourses each realise different values, promote a different subject, and have a different concept of man. The concept of discourse is briefly outlined against concepts such as the linear growth concept of science and the growth model of science as changes in paradigm. The issue of testing for AIDS shows a conflict between the medical and the legal discourse and illustrates the title of our contribution: the human body as field of conflict between discourses. (shrink)

Courts usually treat control over human bodies and body parts as a property issue and find that people do not have property rights in themselves. This contradicts the liberal philosophical principle that people should be able to perform any self-regarding actions that do not cause harm to others. The philosophical inconsistencies under pinning the legal treatment of body parts arguably stem from a misplaced judicial preoccupation with‘ property ’. A better approach would be to hold a policy (...) inquiry into the degree of liberty a society wishes to grant its inhabitants. Only once this substantive issue has been addressed should property be raised as a possible method of implementing the policy. (shrink)

The author of the Summa Halensis claims that the human body is maximally composite and argues for this using a proof strategy that intends to deduce the body’s composition from the human soul’s immateriality. This study examines that claim and argument, which is given both in a shorter and a longer form. The core of the article consists in a careful reconstruction of both forms, along with an enquiry into its Jewish Neoplatonic sources (first and foremost (...) the Fons vitae) and its appearance in zoological commentaries contemporary to the Summa written by Peter of Spain and Albert the Great. It emerges that the argument brings into play various features of the Summist’s hylomorphic theory, especially a pluralism about substantial forms. (shrink)

In the Sorbonne lectures on the philosophical and psychological inquiry of child development, Merleau-Ponty offers a fundamental insight about imitation. Denying the representation-based explanation of imitation, he proposes that gestures occur without representation through the body-object relation, such as “precommunication” based on the works of body schema. Merleau-Ponty’s thought could be examined by way of more practical examples of body techniques. This paper describes the experience of object manipulation, in particular, Bunraku puppetry. Because three puppeteers manipulate a (...) single puppet together in Bunraku, this example might be a challenge to an ordinary assumption that a body is owned by an individual and that inner thoughts control the body. Merleau-Ponty’s insight suggests that the puppeteers share another type of body schema that is not internalized to their individual bodies but emerges afresh in each performance through collaborative movement. (shrink)

In the wake of three high-profile judicial decisions concerning the use of human biological materials, the editors of this collection felt in 2011 that there was a need for detailed scholarly exploration of the ethical and legal implications of these decisions. For centuries, it seemed that in Australia and England and Wales, individuals did not have any proprietary interests in their excised tissue. Others might acquire such interests, but there had been no clear decision on the rights or otherwise (...) of the persons from whom the tissue was obtained. In 2009, however, the Court of Appeal of England and Wales recognised a limited exception to this position in Jonathan Yearworth and others v North Bristol NHS Trust . In that case, the Court held that the appellants, who had deposited semen samples for freezing before they undertook treatment for cancer, had “for the purposes of a claim in negligence … ownership of the sperm which they had ejaculated”. One year later, the Supreme Court of Queensland, Australia, took a similarly property-based approach to determining how a semen sample stored shortly before death should be dealt in Bazley v Wesley Monash IVF . According to that court, the co-executors of the estate had sufficient proprietary interests in the semen to legally demand its return from the laboratory where it was held. In 2011, the New South Wales Supreme Court similarly found that the widow of a recently deceased man had a right to possession of his semen in Joceyln Edwards; Re the estate of the late Mark Edwards .In the editors’ view, these decisions signalled a turning point in the Anglo-Australian jurisprudence in this area, taking the law a step beyond the decisions of the late 20th century such as R v Kelly , in which possessory rights were found …. (shrink)

Using human dead body for medical purposes is a common practice in medical schools and hospitals throughout the world. Iran, as an Islamic country is not an exception. According to the Islamic view, the body, like the soul, is a "gift" from God; therefore, human being does not possess absolute ownership on his or her body. But, the ownership of human beings on their bodies can be described as a kind of "stewardship". Accordingly, any (...) kind of dissection or mutilation of the corpse is forbidden, even with the informed consent of the dead or his/her relatives. The exception of this principle is when such procedures are necessary for saving lives of other persons. In this article using the human dead body for medical education, research and treatment is discussed and the perspective of Iranian Shiite religious scholars in this regard is explained. (shrink)