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A ‘Wellbeing’ Paradigm: A Concept-Based Study of Body Art and Regulatory Challenges

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  • Nicola Glover-Thomas

    (Manchester University School of Law, The University of Manchester, Oxford Road, Manchester M13 9PL, UK)

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.

Suggested Citation

  • Nicola Glover-Thomas, 2020. "A ‘Wellbeing’ Paradigm: A Concept-Based Study of Body Art and Regulatory Challenges," Laws, MDPI, vol. 9(4), pages 1-21, October.
    • Handle: RePEc:gam:jlawss:v:9:y:2020:i:4:p:22-:d:428449
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    References listed on IDEAS

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    3. Ichiro Kawachi, 2001. "Social Capital for Health and Human Development," Development, Palgrave Macmillan;Society for International Deveopment, vol. 44(1), pages 31-35, March.
    4. Joseph E. STIGLITZ, 2002. "Employment, social justice and societal well-being," International Labour Review, International Labour Organization, vol. 141(1-2), pages 9-29, March.
    5. Daniel Kahneman & Alan B. Krueger, 2006. "Developments in the Measurement of Subjective Well-Being," Journal of Economic Perspectives, American Economic Association, vol. 20(1), pages 3-24, Winter.
    6. Bentham, Jeremy, 1781. "An Introduction to the Principles of Morals and Legislation," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number bentham1781.
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