What does it take to trespass on a person’s body?

Journal article

In this article, I begin to develop an account of bodily trespass – a specification of the conditions under which one person infringes another’s right against bodily interference. I first offer a minimal account, intended to capture only the clear cases of bodily trespass. On this account, bodily trespass consists in either bodily touching or significant, non-psychologically-mediated bodily alteration. I then consider whether this account should be broadened to accommodate some plausible, though non-obvious, cases of bodily trespass. These are cases in which a bodily alteration is produced via psychological processes in the target. I argue that, in deciding whether to accommodate such cases within our account, we face a dilemma, and one of considerable practical significance.

Authors: Douglas, T

• Publication status: Accepted
• Peer review status: Peer reviewed
• Publisher: Oxford University Press
• Journal: Analysis
• Acceptance date: 2025-03-25
• EISSN: 1467-8284
• ISSN: 0003-2638
• Language: English
• Keywords: bodily integrity; resistibility; bodily trespass; reasons-sensitivity; bodily interference