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A ‘Wellbeing’ Paradigm: A Concept-Based Study of Body Art and Regulatory Challenges. LAWS 2020. [DOI: 10.3390/laws9040022] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 11/16/2022]
Abstract
In this paper, I trace the changing characterisation of health and consider the evolution of health within a shifting paradigmatic landscape. I argue that understanding health now encompasses the importance of wellbeing as a key determinant of longer-term good health. I use the case study of body modification and body art to explore this further. I argue that, while body modification and body art, as a means of self-expression and empowerment, is relatively easy to access, there are critical gaps in the regulatory framework that may undermine the notion of wellbeing and individual choice. I critique the Court of Appeal’s decision in R v BM, [2018] EWCA Crim 560 which raises particular public interest concerns, but conclude that it is a missed opportunity in relation to how the law understands the promotion of ‘self’ within a model of wellbeing.
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