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

Nicola Glover-Thomas
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Nicola Glover-Thomas: Manchester University School of Law, The University of Manchester, Oxford Road, Manchester M13 9PL, UK

Laws, 2020, vol. 9, issue 4, 1-21

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.

Keywords: autonomy; body art; health; healthism; regulation; wellbeing (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2020
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