Whose Body Is It? Technolegal Materialization of Victims’ Bodies and Remains after the World Trade Center Terrorist Attacks (July 2016)
This article empirically analyzes how victims’ remains were recovered, identified, repatriated, and retained after the World Trade Center (WTC) terrorist attacks of September 11, 2001. It does so by asking the question whose body is it. This question brings to the fore issues related to personhood and ownership: how are anonymous and unrecognizable bodily remains given back an identity; and who has ownership of or custody over identified and unidentified human remains? It is in this respect that the article engages with technoscientific and legal, or “technolegal,” trajectories of human remains in the wake of the WTC tragedy. By using the metaphor of “materialization,” it becomes possible to trace how remains are forensically identified and implicated in legal regimes. “Technolegal materialization” as a concept and methodological sensitivity contributes to the current “actor-network theory” (ANT)-inspired legal scholarship, which tends to focus on legal practices in courtrooms but not those beyond them. In this article, 9/11 victims’ remains are followed from “Ground Zero” to the forensic laboratory and beyond and articulates five instances of technolegal materialization of bodily remains and their past and contemporary existences.
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