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

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 mo...

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Bibliographic Details
Main Author: Nicola Glover-Thomas
Format: Article
Language:English
Published: MDPI AG 2020-10-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/9/4/22
Description
Summary: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 <i>R v BM</i>, [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.
ISSN:2075-471X