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Every Body is Different: Regulating the Use (and Non-Use) of Cosmetic Surgery, Body Modification and Reproductive Genetic Testing

Griffith Law Review, Vol. 18, No. 2, pp. 503-528, 2009

Sydney Law School Research Paper No. 10/62

27 Pages Posted: 26 May 2010 Last revised: 27 Jul 2010

Tony Bogdanoski

The University of Sydney Law School

Date Written: 2009

Abstract

This article explores the various ways in which the surgical and reproductive choices of individuals are controlled by the state through a comparative examination of the socio-legal regulation of the use (and non-use) of cosmetic surgery, body modification and the genetic testing of embryos and fetuses. To this end, this article draws predominantly upon critical disability studies as well as feminist discourses to reveal how some surgical and reproductive choices, such as the decision to use cosmetic enhancement surgery or screen for embryonic and fetal disabilities, are validated by the state because they are geared towards promoting socio-culturally acceptable forms of embodiment whereas other choices, such as the decision to voluntarily amputate a healthy limb or seek to implant embryos with genetic abnormalities, are rendered illegitimate and even illegal because they are conceptualized as giving rise to transgressive embodiment.

Keywords: body marking, disability, reproduction, genetic testing

JEL Classification: K10, K30, K32

Suggested Citation

Bogdanoski, Tony, Every Body is Different: Regulating the Use (and Non-Use) of Cosmetic Surgery, Body Modification and Reproductive Genetic Testing (2009). Griffith Law Review, Vol. 18, No. 2, pp. 503-528, 2009; Sydney Law School Research Paper No. 10/62. Available at SSRN: https://ssrn.com/abstract=1505768

Tony Bogdanoski (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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