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Health, Rights, and Politics in Times of Emergency
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This open access book provides a multidisciplinary examination of the governance of the human body in the post-pandemic public health landscape. It delves into how the body is regulated, policed, protected, and politicized in times of emergency, drawing on the expertise of a wide range of scholars—including experts in public, health, and comparative law, as well as philosophers, sociologists of law, and specialists in biopolitics, complexity theory, systems theory, and the history of medicine. At its core is the idea of the body as a contested site, subject to legal control, political intervention, and societal scrutiny during public health emergencies. Through the examination of issues like consent, surveillance, the marginalization of vulnerable groups, and the intersections of gender and health, the book critically assesses how emergency measures have not only challenged but reshaped our understanding of freedom, citizenship, and social norms. It interrogates the state’s role in governing health and bodies, analyzing contemporary legal debates and philosophical inquiries about the boundary between “normality” and “crisis”, and how this impacts democracy, rights, and the rule of law.
By grounding its analysis within historical and theoretical frameworks, the book traces the evolution of health crisis governance and reflects on lessons for present and future challenges. Its interdisciplinary approach offers both deep theoretical insights and timely analysis of the current health landscape. Ultimately, the book challenges readers to rethink how we address health crises, the legal frameworks that emerge, and their broader societal implications.
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Mauro Balestrieri, is Associate Professor of Comparative Law at the University of Turin. His research explores comparative jurisprudence, legal theory, and the cultural and historical formation of legal institutions. He is co-author of Quantitative Methods in Comparative Law (Edward Elgar, 2023) and co-editor of The Grand Strategy of Comparative Law (Routledge, 2024).
Alice Cauduro is Assistant Professor of Administrative Law at the University of Turin, where she also teaches Pharmaceutical Law. Her research focuses on medical law, public health, and access to medicines. She has published extensively on these areas, starting with the open-access book L’accesso al farmaco (Ledizioni, 2017). During a research period at the Centre for Law, Medicine and Life Sciences, University of Cambridge, she worked on pharmaceutical expenditure governance in the UK and Italy, leading to the publication of an article in the European Journal of Health Law (2026).
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