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Informal Care And Private Law
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Book Synopsis Informal Carers and Private Law by : Brian Sloan
Download or read book Informal Carers and Private Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014
Book Synopsis Informal Carers and Private Law by : Brian Sloan
Download or read book Informal Carers and Private Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014
Book Synopsis Informal Carers and Private Law, Volume 4 (Hart Studies in Private Law) by : Brian Sloan
Download or read book Informal Carers and Private Law, Volume 4 (Hart Studies in Private Law) written by Brian Sloan and published by . This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Informal Care and Private Law by : Brian Sloan
Download or read book Informal Care and Private Law written by Brian Sloan and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of care for elderly and disabled people is an issue of enormous public importance, particularly in the context of an aging population. There is currently much discussion, in the light of the UK Government's attempts to implement an approximation of the Dilnot Commission's recommendations (Commission on Funding of Care and Support, Fairer Care Funding (2011)), about the provision of formal care for those who require it and how it should be funded. But care recipients, and ultimately wider society, continue to rely heavily on care provided informally (i.e., in the absence of a legal duty) in the home. Many of the people providing such care suffer significant financial and health-related disadvantages as a result of their responsibilities, though in principle some are able to seek (in addition to limited support from the state) a form of 'compensation' from their care recipients via a private law claim. This paper asks whether private law remedies for carers, such as those remedies identified and to an extent advocated in the author's recent monograph, Informal Carers and Private Law (Oxford, Hart Publishing, 2013), are inevitably related to an inadequacy of state support for carers and care recipients and a failure properly to grapple with the issue of care on the part of Government and society. It evaluates the alternative proposition that such remedies are normatively appropriate irrespective of the level of state provision of care or state support for informal carers.
Book Synopsis Current Issues in Succession Law by : Birke Häcker
Download or read book Current Issues in Succession Law written by Birke Häcker and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
Book Synopsis Spaces of Care by : Loraine Gelsthorpe
Download or read book Spaces of Care written by Loraine Gelsthorpe and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection examines the ways in which the emerging interdisciplinary study of care provokes a reassessment of the connections and disjuncture between care and governance, ethics, and public, personal and professional identities. Evolving from a project coordinated by the Cambridge Socio-Legal Group, Spaces of Care brings together leading international scholars to articulate what we may consider to be a useful analytic of care. Lawyers, anthropologists, sociologists and criminologists reflect on specific aspects of conceptualising caring relations in 'spaces'. These spaces include: communities of care and abandonment; self-care and kinship care; spaces as 'gaps' in care; the meanings of marketised care; and the ways in which care is constructed and constrained in different ways in venues such as homes, prisons, workplaces and virtual spaces. Common themes include temporality (historical specificity) and the dynamics of care across time and place; subjectivity (including different experiences of care); the economies of care (including the commodification of care; public and private manifestations of care; privatised 'care'); disruptions of care (which generate vulnerabilities with regard to continuities of care); eligibility (those deemed to be deserving and undeserving of care); relationalities of care (collective and individual agency in caring relations, kinship care), and technologies and imaginaries of care (as in new notions of care forged by those in online virtual worlds such as Second Life).
Book Synopsis Understanding family and friends care: the relationship between need, support and legal status by :
Download or read book Understanding family and friends care: the relationship between need, support and legal status written by and published by Family Rights Group. This book was released on with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Solidarity Across Generations by : Eri Kasagi
Download or read book Solidarity Across Generations written by Eri Kasagi and published by Springer Nature. This book was released on 2020-09-20 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk. Drawing on insights from the interface between family law, administrative law and social law, it examines 13 countries on different continents, and also briefly covers a number of additional countries in the introduction. This book is a based on the discussions and exchanges at the 20th General Congress of the International Academy of Comparative Law, in Fukuoka, Japan.
Book Synopsis Modern Studies in Property Law - Volume 8 by : Warren Barr
Download or read book Modern Studies in Property Law - Volume 8 written by Warren Barr and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Book Synopsis What is The Family of Law? by : Alan Brown
Download or read book What is The Family of Law? written by Alan Brown and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.
Book Synopsis General Reports of the XXth General Congress of the International Academy of Comparative Law - Rapports généraux du XXème Congrès général de l'Académie internationale de droit comparé by : Katharina Boele-Woelki
Download or read book General Reports of the XXth General Congress of the International Academy of Comparative Law - Rapports généraux du XXème Congrès général de l'Académie internationale de droit comparé written by Katharina Boele-Woelki and published by Springer Nature. This book was released on 2020-12-17 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgré les barrières juridictionnelles, culturelles et politiques ainsi que des divergences dues à ces barrières. Écrits par d'éminents universitaires de tous les continents, ses 26 chapitres présentent une analyse comparative de sujets juridiques majeurs du 21e siècle. Dans un monde technologiquement avancé, bien que chaque pays analysé dans cet ouvrage demeure autonome en tant qu'État souverain, l’ensemble des systèmes disparates présente néanmoins des stratégies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la résolution des différends étatiques, la panoplie croissante de différents types d'instruments non étatiques et de résolution non étatique des différends devient de plus en plus centrale dans la sphère juridique. Cet ouvrage est un ajout essentiel à la bibliothèque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traités d'un point de vue comparatif et représente l'état actuel du droit dans chaque domaine.
Book Synopsis Ageing, Gender and Family Law by : Beverley Clough
Download or read book Ageing, Gender and Family Law written by Beverley Clough and published by Routledge. This book was released on 2018-03-19 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.
Book Synopsis Modern Studies in Property Law - Volume 9 by : Heather Conway
Download or read book Modern Studies in Property Law - Volume 9 written by Heather Conway and published by Bloomsbury Publishing. This book was released on 2017-07-27 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of peer-reviewed papers presented at the Eleventh Biennial Modern Studies in Property Law Conference held at Queen's University Belfast in April 2016. It is the ninth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Following a foreword from the keynote speaker at the Conference, Queen's alumnus Lord Kerr of Tonaghmore, the chapters address a range of issues, from the nature of land law and property rights, through claims to the home and digital assets, to the growing debate on the nature of public property. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Book Synopsis Obligation and Commitment in Family Law by : Gillian Douglas
Download or read book Obligation and Commitment in Family Law written by Gillian Douglas and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: A tension lies at the heart of family law. Expressed in the language of rights and duties, it seeks to impose enforceable obligations on individuals linked to each other by ties that are usually regarded as based on love or blood. Taking a contextual approach that draws on history, sociology and social policy as well as law and legal theory, this book examines the concept of obligation as it has been developed in family law and the difficulties the law has had in translating it from a theoretical and ideological concept into the basis of enforceable actions and duties. Increasingly, the idea of commitment has been offered as the key organising principle for the recognition of family relationships, often as a means of rebutting claims that family ties are becoming attenuated, but the meaning and scope of this concept have not been explored. The book traces how the notion of commitment is understood and how far it has come to be used as a rationale for imposing the core legal obligations which underpin care and caring within families.
Book Synopsis Gender Perspectives in Private Law by : Gabriele Carapezza Figlia
Download or read book Gender Perspectives in Private Law written by Gabriele Carapezza Figlia and published by Springer Nature. This book was released on 2023-02-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law. Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.
Book Synopsis Borkowski's Law of Succession by : Brian Sloan
Download or read book Borkowski's Law of Succession written by Brian Sloan and published by Oxford University Press. This book was released on 2017 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presented and written in a friendly and engaging style, Dr Brian Sloan's revised edition is perfectly pitched for today's undergraduate students. Considerable attention is given to the area's rich and evolving case-law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. New to this edition are an introductory chapter covering the demographic and policy context of succession, extensive further reading lists, and diagrams of key concepts, all presented in a clear, modernized design to aid understanding and ease navigation.
Download or read book Duties to Care written by Rosie Harding and published by Cambridge University Press. This book was released on 2017-08-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of dementia care can be a difficult one for carers to navigate, posing new challenges at every stage from diagnosis to end of life. In her ground-breaking investigation, rooted in original empirical data, Rosie Harding explores the regulatory and legal dimensions of caring for a person with dementia. By exploring carers' experiences of dementia care, she critiques the limitations of current approaches to health and social care regulation. This socio-legal work is a new contribution to the study of feminist care ethics, relationality, and vulnerability theory. Duties to Care argues that by understanding the relational contexts that shape everyday experiences of regulatory structures, we will better understand where law is operating to support carers, and where it adds to the difficulties they experience. Ultimately, the challenges that dementia poses will be addressed only if we find solutions that take account of the relationality of life, dementia, and law.
