laws Article A ‘Wellbeing’ Paradigm: A Concept-Based Study of Body Art and Regulatory Challenges Nicola Glover-Thomas Manchester University School of Law, The University of Manchester, Oxford Road, Manchester M13 9PL, UK;
[email protected] Received: 1 September 2020; Accepted: 8 October 2020; Published: 15 October 2020 Abstract: In this paper, I trace the changing characterisation of health and consider the evolution of health within a shifting paradigmatic landscape. I argue that understanding health now encompasses the importance of wellbeing as a key determinant of longer-term good health. I use the case study of body modification and body art to explore this further. I argue that, while body modification and body art, as a means of self-expression and empowerment, is relatively easy to access, there are critical gaps in the regulatory framework that may undermine the notion of wellbeing and individual choice. I critique the Court of Appeal’s decision in R v BM, [2018] EWCA Crim 560 which raises particular public interest concerns, but conclude that it is a missed opportunity in relation to how the law understands the promotion of ‘self’ within a model of wellbeing. Keywords: autonomy; body art; health; healthism; regulation; wellbeing 1. Introduction What do we mean by health? We tend to naturally think of health as a binary concept—we either have good health or poor health. We seek always to be in good health, and expect to be able to access support when our health is failing. However, this dichotomous approach does not allow for the nuances within the conceptual understanding of health.