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Why bother?
Margaret Brazier

. Why bother? These brief snapshots shine light on the myriad ways in which law and healing interacted in the past. They cannot answer the question: why bother examining medico-legal history? The question assumes that the relationship of law and medicine has a substantive history. In the latter three decades of the twentieth century, the assumption tended to be to the contrary. Medical law was

in Law and healing
Fabien Provost

In contemporary forensic medicine, in India, the label of complete autopsy applies to a whole range of post-mortem examinations which can present consid- erable differences in view of the intellectual resources, time, personnel and material means they involve. From various sources available in India and elsewhere, stems the idea that, whatever the type of case and its apparent obviousness, a complete autopsy implies opening the abdomen, the thorax and the skull and dissecting the organs they contain. Since the nineteenth century, procedural approaches of complete autopsies have competed with a practical sense of completeness which requires doctors to think their cases according to their history. Relying on two case studies observed in the frame of an ethnographic study of eleven months in medical colleges of North India, the article suggests that the practical completeness of autopsies is attained when all aspects of the history of the case are made sense of with regard to the observation of the body. Whereas certain autopsies are considered obvious and imply a reduced amount of time in the autopsy room, certain others imply successive redefinitions of what complete implies and the realisation of certain actions which would not have been performed otherwise.

Human Remains and Violence: An Interdisciplinary Journal
Jose Manuel Varas Insunza

This article describes the operational practices of the city morgue in Santiago, Chile and their effects on the family members who come to claim the bodies of their loved ones. It explores the impact of the body‘s passage through the morgue on the observance of rituals surrounding death and mourning. An underlying conflict can be identified between the states partial appropriation of and interference with the body and intrinsic needs associated with the performance of funeral rites in accordance with cultural and religious precepts.

Human Remains and Violence: An Interdisciplinary Journal
Abstract only
A history of a stormy marriage

Law and healing is a colourful and critical account of the longstanding ‘marriage’ between two fundamental pillars of human society, law and medicine. The book addresses medico-legal history, exploring aspects of English law’s fascinating and sometimes acrimonious relationship with healing and healers. It challenges assumptions that medical law is new and that when law engaged with medicine, judges deferred to the ‘medical man’. It traces the regulation of healing from the dominance of the Church, and goes on to examine how the battles between different groups of lay ‘doctors’, physicians, surgeons and apothecaries were fought out in the law courts, the Royal Court and Parliament. Malpractice litigation and predictions of malpractice crises are shown to date back to the fourteenth century. Evidence of judicial deference is scant until late in the nineteenth century. Medical law today addresses moral dilemmas arising in medical practice and biomedical science. Considering historical perceptions of the human body from the womb to the grave, this work identifies themes persisting through medico-legal history and how history repeats itself. The book assesses both how English law responded to changes in ‘scientific’ understanding of bodies and how ‘science’, or what was thought to be science, influenced law. Bizarre theories about biology are seen to buttress laws of primogeniture and legal incapacities imposed on married women. The book considers how in the nineteenth century medical practitioners gradually acquired a strong voice in law-making on morals as much as medical practice.

Suhad Daher-Nashif

This article aims to shed light on the post-mortem practices for Palestinian dead bodies when there is suspicion of human rights violations by Israeli military forces. By focusing on the case of Omran Abu Hamdieh from Al-Khalil (Hebron), the article explores the interactions between Palestinian social-institutional agents, Israeli military forces and international medico-legal agents. Drawing on ethnographic and archival data, the article explores how the intersectionality between the various controlling powers is inscribed over the Palestinian dead bodies and structures their death rites. The article claims that inviting foreign medico-legal experts in the Palestinian context could reveal the true death story and the human rights violations, but also reaffirms the sovereignty of the Israeli military forces over the Palestinian dead and lived bodies.

Human Remains and Violence: An Interdisciplinary Journal
Governing COVID dead in southern Arizona
Robin C. Reineke

Research into the governance of dead bodies, primarily focused on post-conflict contexts, has often focused on the aspects of the management of dead bodies that involve routinisation, bureaucratisation and order. Less attention has been paid to the governance of the dead in times of relative peace and, in particular, to the aspects of such work that are less bureaucratised and controlled. This article explores the governance of dead bodies in pandemic times – times which although extraordinary, put stress on ordinary systems in ways that are revealing of power and politics. Observations for this article come from over fifteen years of ethnographic research at a medical examiner’s office in Arizona, along with ten focused interviews in 2020 with medico-legal authorities and funeral directors specifically about the COVID-19 pandemic. The author argues that the pandemic revealed the ways in which the deathcare industry in the United States is an unregulated, decentralised and ambiguous space.

Human Remains and Violence: An Interdisciplinary Journal
Marco Aurelio Guimarães
,
Raffaela Arrabaça Francisco
,
Martin Evison
,
Edna Sadayo Miazato Iwamura
,
Carlos Eduardo Palhares Machado
,
Ricardo Henrique Alves da Silva
,
Maria Eliana Castro Pinheiro
,
Diva Santana
, and
Julie Alvina Guss Patrício

Exhumation may be defined as the legally sanctioned excavation and recovery of the remains of lawfully buried or – occasionally – cremated individuals, as distinct from forensic excavations of clandestinely buried remains conducted as part of a criminal investigation and from unlawful disinterment of human remains, commonly referred to as bodysnatching. The aim of this article is to review the role of exhumation – so defined – in the activities of CEMEL, the Medico-Legal Centre of the Ribeirão Preto Medical School-University of São Paulo, in international, regional and local collaborations. Exhumations form part of routine forensic anthropology casework; scientific research in physical and forensic anthropology; and forensic casework conducted in collaboration with the Brazilian Federal Police; and are carried out as part of humanitarian investigations into deaths associated with the civil–military dictatorship of 1964 to 1985. This article aims to offer a non-technical summary – with reference to international comparative information – of the role of exhumation in investigative and scientific work and to discuss developments in their historical and political context.

Human Remains and Violence: An Interdisciplinary Journal
Dispelling Misconceptions about Sexual Violence against Men and Boys in Conflict and Displacement
Heleen Touquet
,
Sarah Chynoweth
,
Sarah Martin
,
Chen Reis
,
Henri Myrttinen
,
Philipp Schulz
,
Lewis Turner
, and
David Duriesmith

violence against men and boys is often understood as anal rape ( Carlson, 2006 ; Chynoweth, 2018 ). The World Health Organization’s 2003 Guidelines for Medico-Legal Care for Victims of Sexual Violence state that the most common forms of conflict-related sexual violence against men are anal and oral rape and forced masturbation ( WHO, 2003 : 13). More recent publications have asserted that the most common types are forced sex acts and

Journal of Humanitarian Affairs

Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up.

In this highly acclaimed and very accessible book Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy.

The sixth edition of this book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity.

Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.

The case of the haemorrhage of the umbilical cord as cause of death
Sara Serrano Martínez

of medical evidence in the Francoist prosecution of infanticide, firstly because it came up recurrently in the first decades of the dictatorship, contributing to several indictments and convictions, and secondly because this practice contrasted with medico-legal literature that showed doubts about whether the haemorrhage could commonly be a cause of death in newborns. This discrepancy between theory

in Forensic cultures in modern Europe