Some Thoughts on Legal Remedies

Abstract

In considering the efficacy of various legal remedies to curtail routine infant male circumcision, particular attention must be given to the psychological and religious issues surrounding it. Many who are opposed to the continued, wide-spread practice of circumcision are hopeful that a quick remedy will entail a few well-brought lawsuits. They contend that a class action on behalf of circumcised men or suits brought by men who have just come of age against their circumcisers will have the effect either of causing the various legislatures to outlaw the procedure or of causing the medical profession to abandon any sanction of it. Unfortunately, the experience in the courts, thus far, does not give much hope to those who would proceed in this manner. Undoubtedly, this is because of the strong emotional issues that surround this ritualised surgery. It has been the author’s experience, however, that the emotional biases supporting circumcision can be overcome with factual appeals to the intellect when presented in an emotional manner. Successful damage claims and suits can have a tremendous educational effect upon the general public, as well as upon the medical profession. In the movement against genital mutilation, they can be one of the most effective weapons, if properly brought.