Relational Autonomy And Family Law

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Relational Autonomy and Family Law

Author : Jonathan Herring
Publisher : Springer Science & Business Media
ISBN 13 : 3319049879
Total Pages : 63 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Relational Autonomy and Family Law by : Jonathan Herring

Download or read book Relational Autonomy and Family Law written by Jonathan Herring and published by Springer Science & Business Media. This book was released on 2014-03-11 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.

Relational Autonomy

Author : Catriona Mackenzie
Publisher : Oxford University Press
ISBN 13 : 0195352602
Total Pages : 327 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Relational Autonomy by : Catriona Mackenzie

Download or read book Relational Autonomy written by Catriona Mackenzie and published by Oxford University Press. This book was released on 2000-01-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.

Mental Capacity in Relationship

Author : Camillia Kong
Publisher : Cambridge University Press
ISBN 13 : 1107164001
Total Pages : 276 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Mental Capacity in Relationship by : Camillia Kong

Download or read book Mental Capacity in Relationship written by Camillia Kong and published by Cambridge University Press. This book was released on 2017-05-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Law's Relations

Author : Jennifer Nedelsky
Publisher : OUP USA
ISBN 13 : 0195147960
Total Pages : 559 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis Law's Relations by : Jennifer Nedelsky

Download or read book Law's Relations written by Jennifer Nedelsky and published by OUP USA. This book was released on 2011-10-11 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.

Law and the Relational Self

Author : Jonathan Herring
Publisher : Cambridge University Press
ISBN 13 : 1108425135
Total Pages : 213 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Law and the Relational Self by : Jonathan Herring

Download or read book Law and the Relational Self written by Jonathan Herring and published by Cambridge University Press. This book was released on 2019-11-21 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the concept of the relational self and its potential significance to the law.

Contextual Subjects

Author : Robert Leckey
Publisher : University of Toronto Press
ISBN 13 : 0802097499
Total Pages : 369 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Contextual Subjects by : Robert Leckey

Download or read book Contextual Subjects written by Robert Leckey and published by University of Toronto Press. This book was released on 2008-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and legal discourse both presuppose and produce legal subjects. Views on the nature of the legal subject will constantly shift, therefore, with changes in the law. Contextual Subjects argues that a new view of the legal subject has indeed emerged and that it is now embedded in the social context and relationships. This claim is developed through a contrast of Canadian family law and administrative law as it was in the mid-twentieth century and as it is today. Robert Leckey argues that it is not only the subject that is contextual. Legal discourse and adjudication have also become more contextual, making family law and administrative law themselves contextual subjects. Leckey bolsters this argument through the use of relational theory, a rich strand of feminist political theory that advocates a contextual method and seeks to promote constructive relationships that enable relational autonomy. Developments in family law and administrative law, therefore, exemplify the contextualism called for by relational theorists. Leckey points to the importance of contextualization, but he is not uncritical of relational theory, insisting that it should articulate more forcefully its normative vision of good relationships and offer clear recommendations in contested areas. Contextual Subjects is the most thorough and sustained application of relational theory to legal examples to appear to date. It is unique in Canadian legal scholarship for the way it pairs family law and administrative law, and within legal scholarship in English for its integration of common law and civil law.

Relational Vulnerability

Author : Ellen Gordon-Bouvier
Publisher : Springer Nature
ISBN 13 : 3030613585
Total Pages : 203 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Relational Vulnerability by : Ellen Gordon-Bouvier

Download or read book Relational Vulnerability written by Ellen Gordon-Bouvier and published by Springer Nature. This book was released on 2020-11-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book breaks new theoretical ground by constructing a framework of ‘relational vulnerability’ through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or ‘dependency-work’, in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.

Autonomy, Care and Family Law

Author : Anna Heenan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959343
Total Pages : 168 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Autonomy, Care and Family Law by : Anna Heenan

Download or read book Autonomy, Care and Family Law written by Anna Heenan and published by Bloomsbury Publishing. This book was released on 2024-01-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.

Autonomous Motherhood?

Author : Susan B. Boyd
Publisher : University of Toronto Press
ISBN 13 : 1442619104
Total Pages : 290 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Autonomous Motherhood? by : Susan B. Boyd

Download or read book Autonomous Motherhood? written by Susan B. Boyd and published by University of Toronto Press. This book was released on 2015-05-07 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Second World War, increasing numbers of women have decided to become mothers without intending the biological father or a partner to participate in parenting. Many conceive via donor insemination or adopt; others become pregnant after a brief sexual relationship and decide to parent alone. Using a feminist socio-legal framework, Autonomous Motherhood? probes fundamental assumptions within the law about the nature of family and parenting. Drawing on a range of empirical evidence, including legislative history, case studies, and interviews with single mothers, the authors conclude that while women may now have the economic and social freedom to parent alone, they must still negotiate a socio-legal framework that suggests their choice goes against the interests of society, fatherhood, and children.

Rights, Gender and Family Law

Author : Julie Wallbank
Publisher : Routledge
ISBN 13 : 1135262039
Total Pages : 301 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Rights, Gender and Family Law by : Julie Wallbank

Download or read book Rights, Gender and Family Law written by Julie Wallbank and published by Routledge. This book was released on 2009-12-04 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.

What is The Family of Law?

Author : Alan Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919597
Total Pages : 215 pages
Book Rating : 4.5/5 (99 download)

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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 215 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'.

Great Debates in Family Law

Author : Jonathan Herring
Publisher : Bloomsbury Publishing
ISBN 13 : 1509958622
Total Pages : 493 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Great Debates in Family Law by : Jonathan Herring

Download or read book Great Debates in Family Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2015-04-17 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.

Subjectivity, Citizenship and Belonging in Law

Author : Anne Griffiths
Publisher : Routledge
ISBN 13 : 1317308131
Total Pages : 268 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Subjectivity, Citizenship and Belonging in Law by : Anne Griffiths

Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Routledge. This book was released on 2016-10-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Prenuptial Agreements and the Presumption of Free Choice

Author : Sharon Thompson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255583
Total Pages : 246 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Prenuptial Agreements and the Presumption of Free Choice by : Sharon Thompson

Download or read book Prenuptial Agreements and the Presumption of Free Choice written by Sharon Thompson and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an alternative perspective on an issue fraught with difficulty – the enforcement of prenuptial agreements. Such agreements are enforced because the law acknowledges the rights of spouses to make autonomous decisions about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.

Family Law

Author : Ruth Lamont
Publisher : Oxford University Press
ISBN 13 : 019289353X
Total Pages : 712 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Family Law by : Ruth Lamont

Download or read book Family Law written by Ruth Lamont and published by Oxford University Press. This book was released on 2022-03-11 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law offers an engaging and debate-driven guide to the subject, with each chapter crafted by a team of highly experienced teachers writing on their specialist subject under the expert editorship of Ruth Lamont. Each chapter is a superbly clear guide to the topic, structured around the key debates central to that topic, which are then explored in detail throughout the chapter. Students are thereby introduced to an enlightening range of perspectives on the key issues in family law today, allowing them to formulate their own opinions and arguments. The social, economic, and political backdrop to each topic is also extensively discusssed to ensure that students' understanding is grounded in this essential context. Family Law is a critical and modern guide to this dynamic subject.

Consent

Author : Alan Reed
Publisher : Routledge
ISBN 13 : 1317161912
Total Pages : 574 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Consent by : Alan Reed

Download or read book Consent written by Alan Reed and published by Routledge. This book was released on 2016-10-14 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a leading contribution to the substantive arena relating to consent in the criminal law. In broad terms, the ambit of legally valid consent in extant law is contestable and opaque, and reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of consent. This book seeks to provide a logical template to focus the debate. The overall concept addresses three specific elements within this arena, embracing an overarching synergy between them. This edifice engages in an examination of UK provisions, with specialist contributions on Irish and Scottish law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for consent. The comparative chapters provide a wider background of how other legal systems' treat a variety of specialised issues relating to consent in the context of the criminal law. The debate in relation to consent principles continues for academics, practitioners and within the criminal justice system. Having expert descriptions of the wider issues surrounding the particular discussion and of other legal systems' approaches serves to stimulate and inform that debate. This collection will be a major source of reference for future discussion.

Religion, Pluralism, and Reconciling Difference

Author : W. Cole Durham, Jr.
Publisher : Routledge
ISBN 13 : 1317067207
Total Pages : 263 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Religion, Pluralism, and Reconciling Difference by : W. Cole Durham, Jr.

Download or read book Religion, Pluralism, and Reconciling Difference written by W. Cole Durham, Jr. and published by Routledge. This book was released on 2018-11-22 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an increasingly pluralized world. This sociological reality has become the irreversible destiny of humankind. Even once religiously homogeneous societies are becoming increasingly diverse. Religious freedom is modernity’s most profound if sometimes forgotten answer to the resulting social pressures, but the tide of pluralization threatens to overwhelm that freedom’s stabilizing force. Religion, Pluralism, and Reconciling Difference is aimed at exploring differing ways of grappling with the resulting tensions, and then asking, will the tensions ultimately yield poisonous polarization that erodes all hope of meaningful community? Or can the tradition and the institutions protecting freedom of religion or belief be developed and applied in ways that (still) foster productive interactions, stability, and peace? This volume brings together vital and thoughtful contributions treating aspects of these mounting worldwide tensions concerning the relationship between religious diversity and social harmony. The first section explores controversies surrounding religious pluralism from different starting points, including religious, political, and legal standpoints. The second section examines different geographical perspectives on pluralism. Experts from North and South America, Europe, Africa, and the Middle East address these issues and suggest not only how social institutions can reduce tensions, but also how religious pluralism itself can bolster needed civil society.