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This volume argues that legislation on abortion, adultery, and rape has been central to the formation of the modern citizen. The author draws on rights literature, biopolitical scholarship, and a gender-studies perspective as a foundation for rethinking the sovereign relationship. In approaching the politicization of reproductive space from this direction, the study resituates the role of rights and rights-granting within the sovereign relationship. A second theme running throughout the book explores the international implications of these arguments and addresses the role of abortion, adultery and rape legislation in constructing civilizational relationships. In particular, by focusing on the Ottoman Empire, Turkey, France and Italy as case studies, the book presents a discussion of what 'Europe' is and the role of sexuality and reproduction in defining it.
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THE LIMITS OF BODILY INTEGRITY This page intentionally left blank The Limits of Bodily Integrity Abortion, Adultery, and Rape Legislation in Comparative Perspective RUTH A. MILLER University of Massachusetts, Boston, USA © Ruth A. Miller 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Ruth A. Miller has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. Published by Ashgate Publishing Limited Gower House Croft Road Aldershot Hampshire GU11 3HR England Ashgate Publishing Company Suite 420 101 Cherry Street Burlington, VT 05401-4405 USA Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Miller, Ruth A. The limits of bodily integrity : abortion, adultery, and rape legislation in comparative perspective. - (Law, justice and power series) 1. Sex and law 2. Body, Human - Law and legislation 3. Women - Legal status, laws, etc. 4. Women - Crimes against 5. Sex crimes I. Title 342'.0878 Library of Congress Cataloging-in-Publication Data Miller, Ruth Austin, 1975The limits of bodily integrity : abortion, adultery, and rape legislation in comparative perspective / by Ruth A. Miller. p. cm. -- (Law, justice, and power) Includes bibliographical references and index. ISBN 978-0-7546-7061-2 1. Sex and law. 2. Women--Legal status, laws, etc. 3. Civil rights. 4. Human reproduction-Government policy. 5. Sex and law--Europe. 6. Women--Legal status, laws, etc.--Europe. 7. Civil rights--Europe. 8. Human reproduction--Government policy--Europe. I. Title. K487.S65M55 2007 342.08'78--dc22 2006100197 ISBN-13: 978 0 7546 7061 2 Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall. Contents Acknowledgements 1 2 3 4 5 Introduction vii 1 Introduction Liberalism, Authoritarianism, and Biopolitics Consent and Bodily Integrity Gender Colonialism An Outline 1 4 6 10 13 14 Reproduction and Race Suicide 17 Introduction Historical Context The Biopolitical Womb Defining Nineteenth Century Reproductive Space Consent and Interwar Reproduction Bodily Integrity after the Second World War Conclusion 17 22 27 30 41 56 69 Sexuality and Citizenship Formation 71 Introduction Historical Context Defining Nineteenth Century Sexual Space Consent and Interwar Sexuality Bodily Integrity after the Second World War Conclusion 71 73 84 93 109 126 Defining Europe 127 Introduction Europe Refugee Sexuality 127 129 136 Women and the Political Norm 149 Introduction Women as Citizens and Citizens as Women I 149 150