A Dose of Law

2021 ◽  
pp. 64-94
Author(s):  
Jenifer L. Barclay
Keyword(s):  
Reproductive Health ◽  
Medical Knowledge ◽  
The State ◽  
Citizenship Rights ◽  
Enslaved Women ◽  
Black Bodies ◽  
Legal Fictions ◽  
Racial Discourses

This chapter argues that disability was central to the production of racialized medical knowledge in the antebellum years. As white southern physicians professionalized, they constructed racial discourses that dovetailed with disabling legal fictions of blackness. The criminal, property, and manumission laws of slavery analogized blackness and disability by overemphasizing the state of enslaved people’s bodies, while slave codes metaphorically “handicapped” blacks in society through pass laws, literacy laws, and the denial of citizenship rights. Samuel Cartwright, Josiah Nott, and others borrowed from this legal lexicon and invented new conditions and theories of black abnormality. Enslaved women, sexuality, reproductive health, and the imagined link between hereditary defects and racial inferiority played a major role in these conversations and positioned physicians as “experts” of black bodies.

West of Jim Crow

2020 ◽  
Author(s):  
Lynn M. Hudson
Keyword(s):  
Black Women ◽  
African Americans ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Jim Crow ◽  
The United States ◽  
The State ◽  
Freedom Fighters ◽  
White Schools ◽  
Black Bodies

This book follows California’s history of segregation from statehood to the beginning of the long civil rights movement, arguing that the state innovated methods to control and contain African Americans and other people of color. While celebrated in popular discourse for its forward-thinking culture, politics, and science, California also pioneered new ways to keep citizenship white. Schools, streetcars, restaurants, theaters, parks, beaches, and pools were places of contestation where the presence of black bodies elicited forceful responses from segregationists. Black Californians employed innovative measures to dismantle segregation in the nineteenth and twentieth centuries; they borrowed some tactics from race rebels in the South, others they improvised. West of Jim Crow uses California to highlight the significance of African American resistance to racial restrictions in places often deemed marginal to mainstream civil rights histories. Examining segregation in the state sheds light on the primacy of gender and sexuality in the minds of segregationists and the significance of black women, black bodies, and racial science, in the years preceding the modern civil rights struggle. California has much to teach us about the lives of African Americans who crossed the color line and the variety of tactics and strategies employed by freedom fighters across the United States.

THE USE OF THE HERBAL PREPARATION EVIKA IN THE TREATMENT OF PREMENSTRUAL SYNDROME

2021 ◽  
pp. 50-55
Author(s):  
Л. И. НУРГАЛИЕВА ◽  
Д.М. КУАТБЕКОВА
Keyword(s):  
Quality Of Life ◽  
Herbal Medicine ◽  
Reproductive Health ◽  
Premenstrual Syndrome ◽  
Herbal Medicines ◽  
The State ◽  
Herbal Preparation ◽  
Treatment And Prevention ◽  
Symptom Complex

Предменструальный синдром (ПМС) - патологический симптомокомплекс, который значительно снижает качество жизни женщины. Несмотря на то, что этиология и патогенез до настоящего времени изучены недостаточно, определены направления в диагностике, лечении и профилактике, которым необходимо следовать. Лечение ПМС должно быть дифференцированным, учитывающим состояние общего и репродуктивного здоровья женщины, сопутствующие заболевания, степень тяжести ПМС, переносимость терапии и т. д.В настоящее время все более широкое применение в лечении ПМС находят фитопрепараты (ФП). Целью исследования явилось изучение эффективности фитопрепарата «Эвика» в лечении ПМС легкой и средней формы. Полученные результаты свидетельствуют об эффективности данного препарата в устранении вегетососудистых, отечных и психоэмоциональных симптомов ПМС, что определяет «Эвику», как препарат выбора у пациенток с ПМС, выраженной вегетососудистой и психоэмоциональной симптоматики. Premenstrual syndrome (PMS) is a pathological symptom complex that significantly reduces a woman's quality of life. Despite the fact that the etiology and pathogenesis have not been studied enough to date, the directions in diagnosis, treatment and prevention that need to be followed have been identified. Treatment of PMS should be differentiated, taking into account the state of a woman's general and reproductive health, concomitant diseases, the severity of PMS, the tolerability of therapy, etc. Currently, herbal medicines are increasingly used in the treatment of PMS. The aim of the study was to learn the effectiveness of the herbal medicine "Eviсa" in the treatment of mild and moderate PMS. The results obtained indicate the effectiveness of this drug in eliminating vegetativevascular, edematous and psychoemotional symptoms of PMS, which defines "Evica" as the medication of choice in patients with PMS, vegetativevascular and psychoemotional symptoms.

Part VI Refugee Rights and Realities, Ch.50 Non-refoulement

2021 ◽  
Author(s):  
Mathew Penelope
Keyword(s):  
International Law ◽  
Asylum Seeker ◽  
Deep Structure ◽  
Forced Migration ◽  
The State ◽  
State System ◽  
Refugee Convention ◽  
Customary International Law ◽  
Legal Fictions ◽  
The Way

This chapter highlights the most fundamental of all obligations owed to refugees—that of non-refoulement. The raison d’être of the obligation continues to provoke debate about the validity of the lines drawn between refugees, other beneficiaries of the obligation, and other migrants, and the way the purported provider of surrogate protection—the State—is implicated in the production of forced migration. That background or deep structure of the State system assists in explaining the phenomenon explored in the chapter: the interaction between shrinking and expansive approaches to non-refoulement. The chapter first outlines the sources of the obligation, noting the obligation’s place in the Refugee Convention and other treaties as well as its status as customary international law, and the corresponding beneficiaries of the obligation. It then examines the scope of the obligation, with emphasis on States’ attempts to divest their responsibilities through legal fictions and extraterritorial immigration enforcement. The chapter also discusses the concept of constructive or disguised refoulement—that is, when an asylum seeker spontaneously leaves the country of asylum as a result of their treatment in that country.

Support for Normal Parents

2016 ◽  
pp. 287-290
Author(s):  
Donald W. Winnicott
Keyword(s):  
Medical Knowledge ◽  
The State ◽  
Specialized Knowledge ◽  
The Way

This essay deals with the problems of communicating medical knowledge to parents who have a different kind of knowledge of their children. Winnicott describes and applauds the fact that the State in England allows parents freedom to choose to accept or refuse what the State offers in the way of helping programmes. He also stresses the importance of a doctor respecting the specialized knowledge of the parent when it comes to treating the ill child.

scholarly journals Omar Khadr: A Bleak Mark on Canadian Civil Rights

2018 ◽  
Vol 3 (1) ◽  
pp. 77-81
Author(s):  
Nathan Fung
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Citizenship Rights ◽  
Guantanamo Bay ◽  
Canadian Multiculturalism

This essay seeks to answer the question “does Omar Khadr’s story represent a failure of multiculturalism or of justice?” While it might be tempting to label the failure to uphold his charter rights as the exception to the rule and that the judiciary has the tools they need to protect the rights of Canadians, this paper argues that is far from the case. Khadr’s treatment is indicative of a prevalent flaw in Canadian multiculturalism, and in the idea of human rights as a whole, which is its reliance on the state to uphold them. Even though the judiciary determined that Khadr’s rights were violated, it was negligence by the state that lead to his prolonged imprisonment in Guantanamo Bay. Ultimately, the state failed to protect Khadr’s rights because he was not seen as a citizen, despite being born and raised in Toronto. This paper draws on Hannah Arendt’s arguments about the inadequacy of citizenship rights, and examines the case of Maher Arar, whose rights have been similarly neglected.

Disclosure Two Ways

2015 ◽  
Vol 43 (2) ◽  
pp. 245-254 ◽  
Author(s):  
Erin B. Bernstein
Keyword(s):  
Health Care ◽  
Reproductive Health ◽  
Assisted Reproduction ◽  
State Legislatures ◽  
The State ◽  
Health Impacts ◽  
The Past ◽  
Abortion Rights ◽  
State Statutes ◽  
Psychological Risks

In the past two decades, courts and scholars have grappled with the appropriateness of pre-abortion disclosures mandated by the state. Statutes requiring physicians to recite a specific script, often detailing potential psychological “risks” of choosing to terminate a pregnancy, have proliferated nationwide over the past decade. Opponents of such laws have sometimes characterized the requirement of a procedurespecific disclosure as unnecessary and unique to the abortion context. In recent years, however, state legislatures supportive of abortion rights have legislated procedure-specific mandatory disclosures in the context of assisted reproduction and other health care procedures with reproductive health impacts.

scholarly journals “The Cabinet of Dr. Caligari”: The Scientific Debate on Hypnosis and Its Legal Implications between the 19th and the 20th Century

2020 ◽  
Vol 83 (1) ◽  
pp. 91-96
Author(s):  
Daniel Sacchi ◽  
Michael Belingheri ◽  
Roberto Mazzagatti ◽  
Paolo Zampetti ◽  
Michele Augusto Riva
Keyword(s):  
Public Opinion ◽  
20Th Century ◽  
Interwar Period ◽  
Medical Knowledge ◽  
The State ◽  
Medical Community ◽  
Scientific Debate ◽  
Legal Implications ◽  
Historical Periods

Movies could provide unexpected information on the state of medical knowledge in different historical periods. The first centenary of the German silent horror movie Das Cabinet des Dr. Caligari (The Cabinet of Dr. Caligari) by Robert Wiene (1873–1938) could be a timely occasion to reflect on the scientific debate of hypnosis and its legal implications between the 19th and the 20th century. In particular, this article describes the positions of the School of Salpêtrière (Charcot) and the School of Nancy (Bernheim) on the possibility of crimes committed by subjects under hypnosis and the influence of these theories on medical community and public opinion of Germany in the interwar period.

Collective Activism: The Domestic Violence Bill becoming Law in Ghana

2008 ◽  
Vol 7 (4) ◽  
pp. 395-421 ◽  
Author(s):  
Akosua Adomako Ampofo
Keyword(s):  
Domestic Violence ◽  
Social Movements ◽  
Civil Society ◽  
Political Power ◽  
The State ◽  
Citizenship Rights ◽  
National Coalition ◽  
Domestic Violence Legislation ◽  
Collective Activism

Abstract This article reflects on contemporary struggles for citizenship rights through an examination of civil society's advocacy for the passage of domestic violence legislation in Ghana. The National Coalition on Domestic Violence Legislation, established in 2003 specifically to push for the passage of the legislation, at various times worked closely with, and at other times independently of, or even in conflict with, the state. These processes and engagements point to the vibrancy of civil society and suggest the need for new analyses of social movements, political power and democracy that are rooted in Africa's contemporary realities.

Political Inclusion and the Dynamics of Democratization

1996 ◽  
Vol 90 (3) ◽  
pp. 475-487 ◽  
Author(s):  
John S. Dryzek
Keyword(s):  
Social Movements ◽  
Civil Society ◽  
The State ◽  
Strategic Choices ◽  
Political Equality ◽  
Citizenship Rights ◽  
State And Society ◽  
Political Inclusion ◽  
Progressive Inclusion

Once universal adult citizenship rights have been secured in a society, democratization is mostly a matter of the more authentic political inclusion of different groups and categories, for which formal political equality can hide continued exclusion or oppression. It is important, however, to distinguish between inclusion in the state and inclusion in the polity more generally. Democratic theorists who advocate a strategy of progressive inclusion of as many groups as possible in the state fail to recognize that the conditions for authentic as opposed to symbolic inclusion are quite demanding. History shows that benign inclusion in the state is possible only when (a) a group's defining concern can be assimilated to an established or emerging state imperative, and (b) civil society is not unduly depleted by the group's entry into the state. Absent such conditions, oppositional civil society may be a better focus for democratization than is the state. A flourishing oppositional sphere, and therefore the conditions for democratization itself, may actually be facilitated by a passively exclusive state, the main contemporary form of which is corporatism. Benign inclusion in the state can sometimes occur, but any such move should also produce exclusions that both facilitate future democratization and guard against any reversal of democratic commitment in state and society. These considerations have substantial implications for the strategic choices of social movements.

“Money Is Your Government”: Refugees, Mobility, and Unstable Documents in Kenya’s Operation Usalama Watch

2016 ◽  
Vol 59 (2) ◽  
pp. 87-111 ◽  
Author(s):  
Sophia Balakian
Keyword(s):  
Political System ◽  
The State ◽  
Somali Refugees ◽  
Citizenship Rights ◽  
Knowing That

Abstract:During a 2014 security operation in Kenya known as Operation Usalama Watch, Somali refugees spoke of money as their only valid ID, knowing that only cash, in contrast to identity documents, would be accepted by police and military. The article argues that such extortion should not be interpreted uncategorically as an example of refugees’ exclusion from state-derived citizenship rights. Rather, by paying bribes to resist forced removal from Nairobi, Somali refugees constructed a global diasporan identity tied to free flows of capital. By using money as a substitute for identity documents, refugees appealed to a notion of rights untethered to the state. At the same time, by speaking of money as their government, they articulated a critique against a political system that excluded them.

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