Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Mike Rich on Negligent Corpse Mishandling

    • anon on Privacy and Tattletales

    • orly lobel on At CELS, Hoping to Blog

    • harry brooks on Ricci: Color-Blind Standards in a Race Conscious Society?

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Daniel S. Goldberg on Negligent Corpse Mishandling

    • PrometheeFeu on KSM on Trial

  •  

    Site Meter

Surgical Strike on Social Suffering

posted by Frank Pasquale

The recent face transplant at the Cleveland Clinic raises some fascinating issues about the nature of personal identity and cutting edge medicine. A failing face transplant might create agonizing medical problems for the recipient, leading some to suggest that death-accelerating drugs should be available in that case. Current organ donation cards do not specify whether they authorize a face donation. The family of the face donor might find the transplant recipient’s new face uncannily like that of the relative they recently lost. Finally, there is the question of the cruelty of a society that made the transplant so pressing in the first place:

She “was called names and was humiliated,” Siemionow [the doctor who led the transplantation team] told reporters yesterday. . . . Eric Kodish, the Cleveland Clinic’s chief ethicist, added, “Human beings are inherently social creatures. A person who has sustained trauma or other devastation to the face is generally isolated and suffers tremendously.” He concluded: “The relief of suffering is at the core of medical ethics and provides abundant moral justification for this procedure.”

Yes, suffering cries out for relief. But when the suffering is social and the relief is surgical, where are we going? We’re drifting from a standard of necessity rooted in you to a standard—”socially crippled”—that’s dictated by others. And instead of changing them, we’re changing and endangering you. The Cleveland doctors say their patient consented freely. They asked her, for example, whether it was she or her family who wanted the transplant. But how free can your choice be when the reason you want it is to escape humiliation?

As Will Saletan concludes, “I feel for the Cleveland patient. I hope her new face ends her suffering. I just don’t want to end up killing her—and calling that her choice—because we made her life hell.”

As the cosmetic surgery boom abates in South Korea, it’s important to think of all the smaller ways in which competitive pressures and fear of lesser humiliations drive demand for these procedures. The greater the humiliation in store for the unattractive, the more this “luxury” becomes a necessity.


 January 4, 2009 at 8:44 am   Posted in: Bioethics   Print This Post Print This Post

Responses (2)

  1. Patrick S. O'Donnell - January 4, 2009 at 9:43 am

    On the last statement, cf. this piece by Sandra Beth Doherty from the latest issue of Middle East Report: “Cosmetic Surgery and the Beauty Regime in Lebanon,” Vol. 39, No. 4 (Winter 2008): 28-31. Although several articles from this issue are available online, this one is not.

    From her article we learn, for instance, that in addition to the demand created by Lebanese nationals, “price competition attracts foreign nationals as well, leading Beirut to be hailed as the ‘cosmetic enhancement capital’ of the Arab world.” In addition,

    “In Lebanon, perhaps more than elsewhere in the Middle East, a willowy Euro-American female form–fair and straight hair, blue, green or hazel eyes, fair skin, petite nose–is presented on billboards and in the media [like the glossy Mondanité]. When the Lebanese woman viewing these images, over and over, reflects back on her own physical appearance, she may receive the message that her body is ‘unacceptable: too fat, too wrinkled, too old and too ethnic.’ Internalizing this message can lead women to embark on a rigorous course of self-surveillance, which may include going under the knife. Once these women are lauded for their newfound youth and beauty, their self-surveillance may become a policing of other women as pressure mounts to conform to a socially sanctioned aesthetic norm. [....]

    But the intense social pressure on Lebanese women to have cosmetic surgery does not come exclusively–or even mainly–from family and friends. The beauty regime in Lebanon could not exist without the omnipresent images of the media. The transnational advertising campaigns featuring the Euro-American female form purvey an ideal of womanly beauty that, as for most Western women, would require surgical intervention to approximate. Meanwhile, with the face and bodies of pop divas gracing magazine covers and billboards, with television airing their video clips and live performances, Lebanese women are constantly consuming, by choice or not, depictions of Lebanese celebrity body as technologically modified, flawless and forever young.”

    This helps fill out the meaning of economic and cultural post-colonialism!

  2. Patrick S. O'Donnell - January 4, 2009 at 9:43 am

    On the last statement, cf. this piece by Sandra Beth Doherty from the latest issue of Middle East Report: “Cosmetic Surgery and the Beauty Regime in Lebanon,” Vol. 39, No. 4 (Winter 2008): 28-31. Although several articles from this issue are available online, this one is not.

    From her article we learn, for instance, that in addition to the demand created by Lebanese nationals, “price competition attracts foreign nationals as well, leading Beirut to be hailed as the ‘cosmetic enhancement capital’ of the Arab world.” In addition,

    “In Lebanon, perhaps more than elsewhere in the Middle East, a willowy Euro-American female form–fair and straight hair, blue, green or hazel eyes, fair skin, petite nose–is presented on billboards and in the media [like the glossy Mondanité]. When the Lebanese woman viewing these images, over and over, reflects back on her own physical appearance, she may receive the message that her body is ‘unacceptable: too fat, too wrinkled, too old and too ethnic.’ Internalizing this message can lead women to embark on a rigorous course of self-surveillance, which may include going under the knife. Once these women are lauded for their newfound youth and beauty, their self-surveillance may become a policing of other women as pressure mounts to conform to a socially sanctioned aesthetic norm. [....]

    But the intense social pressure on Lebanese women to have cosmetic surgery does not come exclusively–or even mainly–from family and friends. The beauty regime in Lebanon could not exist without the omnipresent images of the media. The transnational advertising campaigns featuring the Euro-American female form purvey an ideal of womanly beauty that, as for most Western women, would require surgical intervention to approximate. Meanwhile, with the face and bodies of pop divas gracing magazine covers and billboards, with television airing their video clips and live performances, Lebanese women are constantly consuming, by choice or not, depictions of Lebanese celebrity body as technologically modified, flawless and forever young.”

    This helps fill out the meaning of economic and cultural post-colonialism!

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress