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1.
Griffith Law Rev ; 32(2): 236-258, 2023.
Artigo em Inglês | MEDLINE | ID: mdl-38014357

RESUMO

This article explores how traditional healing is regulated in the island of Mauritius. Drawing on postcolonial Science and Technology Studies and their encounter with socio-legal studies, it maps the emergence of the Ayurveda and Other Traditional Medicines Act of 1990, pointing out the selectivity of the notion of 'tradition' and its entanglement to broader nation-making processes, born in the process of its independence from Britain. While the social and political histories embedded in the text of the law favour the authorisation of some healing traditions and not others, outside its scope, other practices persist, and triggering competing visions about the island's healing futures. By bringing into the frame the plurality of Mauritius's healing landscape, where different traditions coexist despite their ambiguous legal status, this article accounts for the tensions in the regulation of traditional medicine, where the law produces its own inclusions and exclusions, and mundane legalities of everyday healing become sites of broader political questioning about the relationship between law, science, and nation-making.

2.
J Law Soc ; 49(2): 317-338, 2022 Jun.
Artigo em Inglês | MEDLINE | ID: mdl-35915840

RESUMO

This article looks at the development of the regulation of traditional herbal medicines in the European Union (EU) context and its effects in the United Kingdom (UK). Drawing on socio-legal encounters with science and technology studies (STS), it explores how UK and EU stakeholders have struggled to regulate herbal products, and suggests that in order to tackle growing concerns about their safety, emerging EU legislation built on socio-technical imaginaries of 'tradition'. We argue that in doing so, the law also reshaped herbal medicines in the UK, rewriting their histories and potential futures by fostering new practices of herbal medicine making that sit precariously on the boundaries of what is lawful. Through an empirical exploration of the everyday landscape of herbal medicine in the UK, this article shows how the label of 'tradition' embedded in the new legislation transformed and unsettled the existing material practices and relationships that had underpinned herbal and traditional medicine.

3.
Sci Technol Stud (Tamp) ; 35(2): 30-51, 2022 May 15.
Artigo em Inglês | MEDLINE | ID: mdl-38919880

RESUMO

In this paper, we propose to explore how the regulation of herbalism, in France and in England, rests on series of 'misdirections,' with the coexistence of law and herbalism depending on multiple magical illusions. Attempts to regulate herbalists, and the responses they invite, involve multiple sleights of hands both by the law and by herbalists. Herbalists perform misdirections to maintain an illusion of legality, even where they bend legal rules that they deem incompatible with their practice. But far from being the only, or even the most effective, tricksters, herbalists are only one set of performers in a more complex layering of legal illusions. The regulatory and legal infrastructure itself relies on misdirections enacted through everyday legal procedures that trick the general public into believing that the law is 'acting' to protect vulnerable consumers from dangerous healers and their medicines, while the effects of its actions may be to tolerate, or indeed produce, zones of illegal, or 'barely legal,' practices. At the same time, this performance is enabled by playing a disappearing act, in which the knowledge of herbalists, and the demands of their users, are disappeared behind the screen of apparent legal protection. Drawing attention away from competing claims to knowledge, and towards its protective intervention, the legal system thereby embeds misdirections of its own kind.

4.
Osiris ; 36: 328-348, 2021.
Artigo em Inglês | MEDLINE | ID: mdl-34349340

RESUMO

The practice of healing by anyone other than qualified doctors or pharmacists has been allegedly illegal in France since the nineteenth century. In this judicial order, the state delegated the power to oversee the boundaries of medicine to doctors and pharmacists, allowing them, with support from criminal courts, to determine which therapeutic techniques should remain their exclusive right. In practice, this apparently neat legal system was never clear-cut; therapists without medical qualifications continued to infringe upon spaces that doctors and pharmacists saw as their preserve, often carving out zones of juridical tolerance. In the 1980s and 1990s, negotiations over the legality or illegality of different kinds of healing intensified. Alternative therapies, such as acupuncture and herbalism, had gained in popularity and their practitioners were keen to negotiate a legal position that would make their work licit. While some succeeded, others got entangled in a new governmental framework that characterized alternative medicines as gateways to "sects." This article examines these developments and explains how new juridical techniques to govern certaintherapies arose in the 1990s. These operated through decentralized surveillance systems that enrolled new actors. These included agencies dedicated to monitoring sects; associations of victims; and individuals such as users, their families, or health professionals. Together, they aimed to "prevent" deviant behavior, thereby fostering what is today one of the most peculiar features of the way the French state regulates alternative healing, which it considers potentially "cult-like."

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