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Article

French

ID: <

10670/1.zav99c

>

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Legal protection of the body in hypermodernity: the excesses of the individual will in question

Abstract

The legal protection of the body in hypermodernity involves understanding the excesses of individual will concerning physical integrity, linked to current social and technical evolutions. Do these excesses make the person implicitly the owner of his body, free to dispossess himself of it or to derive benefit from it? Certainly not. On the contrary, I will show here that the protection of personal autonomy encourages the preservation of the oneness of the legal subject, in spite of the undeniably paradoxical nature of the legal status of the human body, envisaged from the standpoint of the person and from that of the public authorities. Hypersubjectivity finds expression in bulimic claims to individual rights in different domains, showing both an increased availability of the human body and a strengthening of the protection of the physical integrity of the person due to the revalorization of his consent. Hyper-regulation shows that public authorities reflect this evolution by protecting both the personal aspirations linked to the body – at the risk of losing their function of institutionalising the legal subject –, and the primacy of safeguarding human life in order to preserve the dignity of the person.

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