Regulating the Body: Autonomy, Control, and the Broken Promise of Equality in American Law

How legal regulation of the body is practiced and justified


Regulating the Body examines the practice of legal regulation of the body and how it has been justified. The essays in this anthology trace the ideological, moral, and religious arguments for increasing the reach of regulation and authorizing punishment for infractions.

Bringing together leading scholars in the law and humanities, this volume examines the practices and discourses used to regulate the body, concentrating on scenarios where ethical and legal inconsistencies abound. The regulations examined herein range from the sale of gametes, parental rights over children’s genetic information, debates about masking, discourse regarding vaccines and abortion, anti-transgender legislation, and the control of inmates’ bodies on death row. These are situated within a cultural and political environment that values regulation and punishment over our long-standing constitutional protections. At a time where rhetoric around regulation of the body is becoming increasingly incendiary, Regulating the Body reveals worsening legal hypocrisies and unmasks the threats to both personal autonomy and the claims of law itself.