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Research Handbook on Socio-Legal Studies of Medicine and Health
This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health – a major challenge of our time.
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Critical Acclaim
Contributors
Contents
More Information
This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health – a major challenge of our time.
Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice.
The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality.
Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice.
The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality.
Critical Acclaim
‘Wide-ranging and thoughtfully curated, this collection demonstrates just how far the tentacles of healthcare and law extend into social life. Taken together, though, these chapters suggest that the epistemic reach of both law and medicine ultimately exceed their grasp, a conclusion that practitioners and scholars alike will both rue and applaud. With such provocative and carefully researched pieces, this volume is sure to foster a deep rethinking of socio-legal studies of medicine and health.’
– Carol A. Heimer, Northwestern University, US
‘Handbooks are often conceived to tie together already-established research fields. With the Research Handbook on Socio-Legal Studies of Medicine and Health, Anna Kirkland and Marie-Andreé Jacob have in fact inaugurated an important new field of study while generously acknowledging its diverse ancestries. I’ve always thought that STS should instead have been dubbed TLS (technoscience, law and society) whether in studies of health, climate change, migration, inequality or their interconnections. Through an empirically rich set of chapters, handbook contributors perceptively show how socio-legal problems (from femicide to alternative medicine, genetic ancestry testing and gun violence) in highly (bio)medicalized societies throughout the world are always historically and ethnographically situated. This Handbook will be of equal interest to legal scholars, anthropologists, sociologists, bioethicists, philosophers and STS scholars.’
– Ayo Wahlberg, University of Copenhagen, Denmark
‘One of the strengths of socio-legal studies is to show how seemingly mundane and technical practices and artefacts, such as clinical protocols or bureaucratic procedures, shape social realities: how they include and exclude people, and redistribute duties and entitlements. This fantastic volume gives a flavour of the breath and diversity of this lively (inter-)discipline, and also pushes its boundaries into new topics and methodological terrains.’
– Barbara Prainsack, University of Vienna, Austria
‘The new Research Handbook on Socio-Legal Studies of Medicine and Health more than convinced me of the value of reading diverse subfields at the intersections of law and medicine together. That the editors and contributors achieved this while drawing out rather than downplaying different scholarly genealogies, and without forcing a shared normative goal, was especially impressive. This book is a vital contribution to navigating our post-coronavirus world.’
– Charis Thompson, London School of Economics and Political Science, UK
‘This exciting new book is certain to become a key reference point in socio-legal studies of medicine and health. In disrupting existing intellectual silos, its contributors both shed new light on questions that will be familiar to healthcare lawyers and open up important new avenues of research.’
– Sally Sheldon, University of Kent, UK, and University of Technology Sydney, Australia
‘The interface between medicine and law is one of the most dynamic and exciting areas for contemporary socio-legal scholarship. The editors have assembled an outstanding and diverse collection of scholars who are doing some of the most innovative work in this field. The result is essential reading for anyone who is interested in the interaction between two of the great cultural and institutional systems of any society.’
– Robert Dingwall, Nottingham Trent University, UK
– Carol A. Heimer, Northwestern University, US
‘Handbooks are often conceived to tie together already-established research fields. With the Research Handbook on Socio-Legal Studies of Medicine and Health, Anna Kirkland and Marie-Andreé Jacob have in fact inaugurated an important new field of study while generously acknowledging its diverse ancestries. I’ve always thought that STS should instead have been dubbed TLS (technoscience, law and society) whether in studies of health, climate change, migration, inequality or their interconnections. Through an empirically rich set of chapters, handbook contributors perceptively show how socio-legal problems (from femicide to alternative medicine, genetic ancestry testing and gun violence) in highly (bio)medicalized societies throughout the world are always historically and ethnographically situated. This Handbook will be of equal interest to legal scholars, anthropologists, sociologists, bioethicists, philosophers and STS scholars.’
– Ayo Wahlberg, University of Copenhagen, Denmark
‘One of the strengths of socio-legal studies is to show how seemingly mundane and technical practices and artefacts, such as clinical protocols or bureaucratic procedures, shape social realities: how they include and exclude people, and redistribute duties and entitlements. This fantastic volume gives a flavour of the breath and diversity of this lively (inter-)discipline, and also pushes its boundaries into new topics and methodological terrains.’
– Barbara Prainsack, University of Vienna, Austria
‘The new Research Handbook on Socio-Legal Studies of Medicine and Health more than convinced me of the value of reading diverse subfields at the intersections of law and medicine together. That the editors and contributors achieved this while drawing out rather than downplaying different scholarly genealogies, and without forcing a shared normative goal, was especially impressive. This book is a vital contribution to navigating our post-coronavirus world.’
– Charis Thompson, London School of Economics and Political Science, UK
‘This exciting new book is certain to become a key reference point in socio-legal studies of medicine and health. In disrupting existing intellectual silos, its contributors both shed new light on questions that will be familiar to healthcare lawyers and open up important new avenues of research.’
– Sally Sheldon, University of Kent, UK, and University of Technology Sydney, Australia
‘The interface between medicine and law is one of the most dynamic and exciting areas for contemporary socio-legal scholarship. The editors have assembled an outstanding and diverse collection of scholars who are doing some of the most innovative work in this field. The result is essential reading for anyone who is interested in the interaction between two of the great cultural and institutional systems of any society.’
– Robert Dingwall, Nottingham Trent University, UK
Contributors
Contributors: P. Arcidiácono, J. Barbot, L. Barrera, E. Bernheim, E. Brennan, B. Can, E. Chiarello, É. Cloatre, V. De Greef, N. Dodier, A. Doll, J. Edwards, A.-M. Farrell, J.A. Hamilton, R. Harding, J. Harrington, H.R. Hlavka, C.W.-L. Ho, K. Hoeyer, I. Iyioha, M.-A. Jacob, V. Karavas, A. Kirkland, J. Metzl, D. Moore, C. Morrill, L. Mulcahy, S. Mulla, T. Phillips, J. Piemonte, R. Singh, M. Suchman, M. Thomson, S. Westwood
Contents
Contents:
Preface
Linda Mulcahy
1. Introduction
Part I Beyond Healthcare
2. Trapped in limbo: effects of a medical perspective on the education of children with disabilities
P. Arcidiácono and L. Barrera
3. Mental disorders and work
V. De Greef
4. Challenging capacity: Shifting paradigms of intellectual disability across law, medicine and society
R. Harding
5. Genetic Ancestry Tests: Materializing Race and Indigeneity Across Law, Medicine, and Society
J.A. Hamilton
Part II Ways In Through Terrains
6. Work, facts, and the textual organization of psychiatric involuntary psychiatric admission: Methodological insights from institutional ethnography
A. Doll
7. Provincializing the clitoris
J. Edwards and M. Thomson
8. The Bearable Lightness of Relationality: Actor-Network-Theory as a Mode of Comparative Law
C.W.-L. Ho
Part III Ways In Through Models
9. A multi-field logics approach to theorizing relationships between healthcare and criminal justice
E. Chiarello and C. Morrill
10. Law and technology in healthcare organizations
E. Brennan and M.C. Suchman
11. What role for the state in global health law? A nodal governance perspective from Kenya
J. Harrington
12. Substantive Effectiveness, Women’s Health and the Limits of International Human Rights Law
I.O. Iyioha
Part IV The Meeting Point of Injury
13. Thinking forensically: Law, medicine and the nomos of sexual violence
H.R. Hlavka and S. Mulla
14. Proof, probability and the plaintiff: epistemological challenges in the medico-legal field
T. Phillips
15. The normative work of victims of medical injuries
J. Barbot and N. Dodier
16. Bare death: femicide, forensics and the necropolitics of the corpse
R. Singh and D. Moore
17. The (non)denial of torture, human rights and medical expertise
B. Can
Part V Ethical pluralisms
18. Doctors and global health security: What role for ethics and regulation?
A.-M. Farrell
19. Ethics as a form of regulation in relation to data and bodily materials
K. Hoeyer
20. Regulating at the boundaries of healthcare: the case of alternative and traditional medicine
E. Cloatre
21. Biomedical collective labour: politics, sovereign subjects, and empowerment in biobank research
V. Karavas, Vagias
Part VI Health as Pretext
22. Justice, power and intersectionality: beyond psychiatry, the social issue in question
E. Bernheim
23. Gun violence and mental health: Myths and strategies for socio-legal research
J.L. Piemonte and J. Metzl
24. Older lesbian, gay and bisexual people: socio-legal perspectives on healthcare inequalities in later life
S. Westwood
Index
Preface
Linda Mulcahy
1. Introduction
Part I Beyond Healthcare
2. Trapped in limbo: effects of a medical perspective on the education of children with disabilities
P. Arcidiácono and L. Barrera
3. Mental disorders and work
V. De Greef
4. Challenging capacity: Shifting paradigms of intellectual disability across law, medicine and society
R. Harding
5. Genetic Ancestry Tests: Materializing Race and Indigeneity Across Law, Medicine, and Society
J.A. Hamilton
Part II Ways In Through Terrains
6. Work, facts, and the textual organization of psychiatric involuntary psychiatric admission: Methodological insights from institutional ethnography
A. Doll
7. Provincializing the clitoris
J. Edwards and M. Thomson
8. The Bearable Lightness of Relationality: Actor-Network-Theory as a Mode of Comparative Law
C.W.-L. Ho
Part III Ways In Through Models
9. A multi-field logics approach to theorizing relationships between healthcare and criminal justice
E. Chiarello and C. Morrill
10. Law and technology in healthcare organizations
E. Brennan and M.C. Suchman
11. What role for the state in global health law? A nodal governance perspective from Kenya
J. Harrington
12. Substantive Effectiveness, Women’s Health and the Limits of International Human Rights Law
I.O. Iyioha
Part IV The Meeting Point of Injury
13. Thinking forensically: Law, medicine and the nomos of sexual violence
H.R. Hlavka and S. Mulla
14. Proof, probability and the plaintiff: epistemological challenges in the medico-legal field
T. Phillips
15. The normative work of victims of medical injuries
J. Barbot and N. Dodier
16. Bare death: femicide, forensics and the necropolitics of the corpse
R. Singh and D. Moore
17. The (non)denial of torture, human rights and medical expertise
B. Can
Part V Ethical pluralisms
18. Doctors and global health security: What role for ethics and regulation?
A.-M. Farrell
19. Ethics as a form of regulation in relation to data and bodily materials
K. Hoeyer
20. Regulating at the boundaries of healthcare: the case of alternative and traditional medicine
E. Cloatre
21. Biomedical collective labour: politics, sovereign subjects, and empowerment in biobank research
V. Karavas, Vagias
Part VI Health as Pretext
22. Justice, power and intersectionality: beyond psychiatry, the social issue in question
E. Bernheim
23. Gun violence and mental health: Myths and strategies for socio-legal research
J.L. Piemonte and J. Metzl
24. Older lesbian, gay and bisexual people: socio-legal perspectives on healthcare inequalities in later life
S. Westwood
Index
