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This volume of Osiris takes as its point of departure a simple premise: we have yet to fully flesh out the complex historical interplay between medicine and law across the globe. Therapeutic Properties takes an inventive look at the issue, presenting welcome insights on the worldwide ascendancy of biomedicine, the persistence of nonofficial and unorthodox approaches to healing, and the legal contexts that have served to shape these dynamics.The contributions draw upon source material from the Americas, Africa, Western Europe, the Caribbean, and Asia to trace the influence of penal and civil codes, courts and constitutions, and patents and intellectual properties on not only health practices but also the very foundations of state-sanctioned medicine. The authors explore, too, how institutions of global governance, including those underpinning empires and trade, have historically created feedback loops that enabled laws and regulatory regimes to spread, amplifying their effects and standardizing approaches to diseases, drugs, professions, personhood, and well-being along the way. Highlighting the payoff of interdisciplinary and transnational analyses, this volume adroitly teases apart how different actors fought to write the rules of global health, rendering certain approaches to life and death irrelevant and invisible, others pathological and punishable by law, and others still, normal and natural.
Helen Tilley is associate professor of history at Northwestern University. She is the author of Africa as a Living Laboratory: Empire, Development, and the Problem of Scientific Knowledge, 1870–1950, also published by the University of Chicago Press.
INTRODUCTIONMedical Cultures, Therapeutic Properties, and Laws in Global HistoryHelen TilleyPART 1 - REBELLIOUS SPIRITS AND MEDICAL IMAGINATIONSTranslating Spirits: Medical-Ritual Healing and Law in Brazil and the Broader Afro-Atlantic WorldPaul Christopher JohnsonPowers of Imagination and Legal Regimes aAgainst “Obeah” in the Late Eighteenth- and Early Nineteenth-Century British CaribbeanKate RamseyOf Jinn Theories and Germ Theories: Translating Microbes, Bacteriological Medicine, and Islamic Law in AlgeriaHannah-Louise ClarkPART 2 - CONSTITUTIVE LAWS AND UNPRECEDENTED TRADITIONSSubaltern Surgeries: Colonial Law and the Regulation of Traditional Medicines in the British Raj and BeyondProjit Bihari MukharjiThe Reinvention of an Appropriate Tradition or the Colonial Birth of Vietnamese MedicineLaurence MonnaisTraditional Medicine Goes Global: Pan-African Precedents, Cultural Decolonization, and Cold War Rights/PropertiesHelen TilleyPART 3 - BODIES OF LAW AND LAWS OF BODIESSexual Assault and the Evidential Body: Forensic Medicine and Law in Modern JapanSusan L. BurnsEnabling Restrictions: Female Sterilization, Physicians, and the Law in Costa Rica, 1960–1999María Carranza MaxeraThe Geopolitics of “Rape Kit” Protocols: Historical Problems in Translation as Humanitarian Medicine Meets International LawJaimie MorsePART 4 - REDEFINING PROPERTIES AND PATENTING POWERSPatenting Personalized Medicine: Molecules, Information, and the BodyMario Biagioli and Alain PottageThe Intellectual Property Turn in Global Health: From a Property to a Human Rights View of HealthLaura G. Pedraza-FariñaBecoming “Traditional”: A Transnational History of Neem and Biopiracy DiscourseAnna WinterbottomProperties of (Dis)Possession: Therapeutic Plants, Intellectual Property, and Questions of Justice in TanzaniaStacey LangwickPART 5 - JUDICIARY MAGIC AND LEGAL THERAPIESThe Pharmaceuticalization and Judicialization of Health: On the Interface of Medical Capitalism and Magical Legalism in BrazilJoão BiehlLegalities of Healing: Handling Alterities at the Edge of Medicine in France, 1980s to 2010sEmilie Cloatre, Nayeli Urquiza-Haas, and Michael Ashworth
