The Objective Ugliness and Subjective Beauty of the Body in French Law
Jobart, Jean-Charles
The Objective Ugliness and Subjective Beauty of the Body in French Law - 2012.
57
The state exercises its power over people and their bodies using the law as its instrument for the normalization and homogenization of the social body. Also, there is a legal normalization of bodies. The law develops an implicit standard of ugliness: the state will not say a person is ugly, but the national health insurance system will pay for plastic surgery if one’s ugliness is judged excessive. So, for the administration, the ugliness is classified a pathology. Additionally, the European Court for Human Rights proclaims the right to the free development of personality. This right includes the right to use your body as you want, to transform it into beauty, contingent upon your estimation of beauty. Thus, the beauty is subjectivized. The body becomes a personal creation subject to the exercise of one’s rights. Does the body artist thus enjoy artistic rights to his body artwork?
The Objective Ugliness and Subjective Beauty of the Body in French Law - 2012.
57
The state exercises its power over people and their bodies using the law as its instrument for the normalization and homogenization of the social body. Also, there is a legal normalization of bodies. The law develops an implicit standard of ugliness: the state will not say a person is ugly, but the national health insurance system will pay for plastic surgery if one’s ugliness is judged excessive. So, for the administration, the ugliness is classified a pathology. Additionally, the European Court for Human Rights proclaims the right to the free development of personality. This right includes the right to use your body as you want, to transform it into beauty, contingent upon your estimation of beauty. Thus, the beauty is subjectivized. The body becomes a personal creation subject to the exercise of one’s rights. Does the body artist thus enjoy artistic rights to his body artwork?
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