The most basic assertions about our bodies-that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders-are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.

Bodies of Law

Politics & Social Sciences

Hyde, Alan

Philosophy

Princeton University Press

The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.

Legal Theory & Systems

This work examines the relationship between the rapid technological and economic growth characteristic of high technology districts and their distinct labor market institutions - short job tenures, rapid turnover, flat firm hierarchies, weak internal labor markets, high use of temporary labor, unusual uses of independent contracting, little unionization, unusual employee organization (e.g., chat groups, and ethnic organization), unequal income, minimal employment discrimination litigation, flexible compensation (especially stock options), and heavy use of immigrants on short-term visas. The author suggests that while these distinctive labor market institutions are somewhat unorthodox and may present legal problems, they play essential roles in high growth.

Working in Silicon Valley: Economic and Legal Analysis of a High-velocity Labor Market (Issues in Work and Human Resources)

Business & Money

Economics

Routledge

This book provides teaching materials for a course merging two areas of law governing the labor market - collective labor law and individual employment law - which have historically been taught as separate courses. These materials represent an effort to interrelate or tie together these two bodies of law into a common framework. The broad premise of the book is that historically and functionally the predominant purpose of labor law has been to protect workers from market forces in the individual labor market. The articulate assumption is that individual bargaining in the labor market will lead to socially undesirable results and that the law here, as in many other areas, should come to the aid of the weaker party. It may do this in two ways: first, employees may be protected by direct regulation of terms and conditions of employment with laws such as minimum wage laws, health and safety laws and prohibitions against discrimination; second, employees may obtain a measure of protection by restructuring the labor market so as to replace individual bargaining with collective bargaining in the belief that the collective labor market will produce more acceptable social results.

Legal Rights and Interests in the Workplace

Dau-Schmidt, Kenneth

Summers, Clyde

Business

Carolina Academic Press

Book by Summers, Clyde W., Dau-Schmidt, Kenneth G., Hyde, Alan

Legal Rights and Interests in the Workplace: Statutory Supplement and Materials

Dau-Schmidt, Kenneth G.

Summers, Clyde W.

Carolina Academic Pr

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