Journal of Criminal Law Research

A Study into Theoretical Basics of Self-Ownership in Cosmetic Surgery in the Light of Iranian Criminal Law

Document Type : Research Paper

Authors

Mehdi Jaliliyan 1
Ahmad Haji Dehabadi 2
Mohammad Ebrahim Shams Nateri 2
Mahdi Sheidaeian 3

1 Assistant Professor, Department of Criminal Law and Criminology, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

2 Associate Professor, Department of Criminal Law and Criminology, Collage of Farabi, University of Tehran, Tehran, Iran.

3 Assistant Professor, Department of Criminal Law and Criminology, Collage of Farabi, University of Tehran, Tehran, Iran

https://doi.org/10.22054/jclr.2021.46197.1983
Abstract
The response to the complicated issue of the scope of self-ownership has shed light on the issues like unnecessary cosmetic surgery, gender reassignment surgery, and organ transplant in the convicts of execution. From the viewpoint of Islamic jurisprudential doctrines, there are a myriad of disagreements over the subject of whether men are the owners of their organs or not. The resulted approach is that Islamic viewpoint, contrary to western ideologies which are humanistic, does not completely accept self-ownership. From the viewpoint of Islamic jurisprudence, freedom of men and their dominance on their body is an axiom but cannot expose them to unreasonable harm. From the standpoint of western legal theory, the proponents of self-ownership believe men are the owners of their organs and thus maintain that this law faces some limitations in the framework of natural law. Moreover, they hold that criminalization of unreasonable harm to self is not to be justified. In contrast, those who believe in the moral patriarchal theory object to self-ownership and justify the criminalization of such conducts. The present article analyzes the afore-mentioned standpoints through a descriptive method and then compares unreasonable cosmetic surgery in the criminal law of Iran with those of England andؤ

Keywords

Criminalization
Self-ownership
Cosmetic Surgery
Jurisprudence
Appendix C to Law Commission) Consultation Paper 139, Consent in Criminal Law, HMSO, 1996).
Archer, Alfred, 2016. Divine moral goodness, supererogation and The Euthyphro Dilemma, International Journal for Philosophy of Religion, / 4 Vol.
Atkinson, R. F.1969, An Introduction to Moral Philosophy, London: Macmillan.
Baker. Dennis J, 2014, Should Unnecessary Harmful Nontherapeutic Cosmetic Surgery be Criminalized? New Criminal Law Review: An International and Interdisciplinary Journal, Vol. 17 No. 4, Fall.
Benhabib, Seyla,2004, The Rights of Others, Cambridge; Cambridge University Press.
 Cohen, Gerald Allan, 1995, Self-Ownership, Freedom, and Equality, Cambridge University Press.
Davies, Tony , 2006. Humanism, Routledge, 2006 M10 19 - 160 pages.
Dennis. J. Baker, Jeremy Horder,2013, The Sanctity of Life and the Criminal Law: The Legacy of Glanville Williams, Cambridge University Pres.
Devlin, Patrik, 1965, The Enforcement of Morals, Oxford: Oxford University Press.
Dworkin, Gerald,2010, Paternalism, The Stanford Encyclopedia of Philosophy, Available at; https: //plato. stanford .edu /entries/paternalism/.
Feinberg, J. 1988, The Moral Limits of Criminal Law, Volume4, Oxford university Press.
________. 1984, The Moral Limits of the Criminal Law, Volume One: Harm to Others.
Gorr, Michael,1995  ,Justice, Self-Ownership, and Natural Assets, Published online by Cambridge University Press.
Gupta, V., Winocour, J., Shi, H., Shack, R., Grotting, J., & Higdon, K, (Preoperative Risk Factors and Complication Rates in Facelift: Analysis of 11,300 Patients), Aesthetic Surgery Journal, 36(1), 2015, 1–13.
Ingram, Attracta,1994 ,A Political Theory of Rights, Clarendon Press; 1 edition.
Jones, Peter, 1989, The Ideal of the Neutral State in Robert Goodin and Andrew Rever, Liberal Neutrality, London; Routledge.
Kant, Immanuel, 1972. Groundwork of Metaphysic of morals, tr: Paton, H.J, PP, 55-123, in: The moral law, London, Hutchinson University Library.
 Keogh,2013, Review of the Regulation of Cosmetic Interventions: Final Report,  Available at: www. gov. uk/ government/ uploads/ system/ uploads/ attachment data/file/192028/Review of the  Regulation of Cosmetic Interventions.pdf>.
Locke, John, 1960, Two Treatises of Government, Cambridge: Cambridge University Press.
Macpherson, Crawford Brough , Cunningham, Frank, 2011,The Political Theory of Possessive Individualism: Hobbes to Locke. Oxford University Press.
Melanie Latham, 2014, ‘IF IT AIN'T BROKE, DON'T FIX IT?’: SCANDALS, ‘RISK’, AND COSMETIC SURGERY REGULATION IN THE UK AND FRANCE, Medical Law Review, Volume 22, Issue 3, Summer 2014, Pages 384–408.
Mill ,John Stuart, On Liberty, (Floating Press, 2009 From a 1909 Edition).
Nozick .(1974), Anarchy, State and Utopia, Oxford, Basil Blackmail.
Park, Bo Young, Min Ji Kim, So Ra Kang, Seung Eun Hong, 2016, A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field, Arch Plast Surg. May; 43(3): 278–283
 Pateman ,Carole,2002, Self‐Ownership and Property in the Person: Democratization and a Tale of Two Concepts, in Journal of Political Philosophy 10(1) March.
Phillips, K.A.2004, Psychosis in Body Dysmorphic Disorder, 38(1) J. PSYCHIATRIC RES.
Schonsheck, Jonathan, 1994, On Criminalization, Kluwer Academic Publisher.
Stanton, John (2006), The Limits of Law, in: Stanford Encyclopedia of Philosophy, Available at: https://plato.stanford.edu/entries/law-limits/.
Warburton, Nigel, 2001, Freedom; An Introduction with Readings, Routledge.
Journal of Criminal Law Research
Volume 10, Issue 38
Winter 2022
Pages 173-202

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