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 : 60 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 60 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.

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.

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.

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.

Autonomy, Care and Family Law

Author : Anna Heenan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959351
Total Pages : 193 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 193 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.

Vulnerabilities, Care and Family Law

Author : Julie Wallbank
Publisher : Routledge
ISBN 13 : 1136003363
Total Pages : 268 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Vulnerabilities, Care and Family Law by : Julie Wallbank

Download or read book Vulnerabilities, Care and Family Law written by Julie Wallbank and published by Routledge. This book was released on 2013-11-26 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law.

What is The Family of Law?

Author : Alan Brown
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919600
Total Pages : 240 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 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'.

Embracing Vulnerability

Author : Daniel Bedford
Publisher : Routledge
ISBN 13 : 135110568X
Total Pages : 190 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Embracing Vulnerability by : Daniel Bedford

Download or read book Embracing Vulnerability written by Daniel Bedford and published by Routledge. This book was released on 2020-02-13 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.

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.

European Human Rights and Family Law

Author : Shazia Choudhry
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317448
Total Pages : 480 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis European Human Rights and Family Law by : Shazia Choudhry

Download or read book European Human Rights and Family Law written by Shazia Choudhry and published by Bloomsbury Publishing. This book was released on 2010-04-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required. The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book.

Decisional Privacy and the Rights of the Child

Author : Georgina Dimopoulos
Publisher : Taylor & Francis
ISBN 13 : 1000761517
Total Pages : 268 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Decisional Privacy and the Rights of the Child by : Georgina Dimopoulos

Download or read book Decisional Privacy and the Rights of the Child written by Georgina Dimopoulos and published by Taylor & Francis. This book was released on 2022-10-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decisional privacy gives individuals the freedom to act and make decisions about how they live their lives, without unjustifiable interference from other individuals or the state. This book advances a theory of a child’s right to decisional privacy. It draws on the framework of the United Nations Convention on the Rights of the Child and extends the work of respected children’s rights scholars to address a significant gap in understanding the interconnections between privacy, family law and children’s rights. It contextualises the theory through a case study: judicial proceedings concerning medical treatment for children experiencing gender dysphoria. This work argues that recognising a substantive right to decisional privacy for children requires procedural rights that facilitate children’s meaningful participation in decision-making about their best interests. It also argues that, as courts have increasingly encroached upon decision-making regarding children’s medical treatment, they have denied the decisional privacy rights of transgender and gender diverse children. This book will benefit researchers, students, judicial officers and practitioners in various jurisdictions worldwide grappling with the tensions between children’s rights, parental responsibilities and state duties in relation to children’s best interests, and with the challenge of better enabling and listening to children’s voices in decision-making processes.

Renmin Chinese Law Review

Author : Shi, Jichun
Publisher : Edward Elgar Publishing
ISBN 13 : 1802209581
Total Pages : 336 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Renmin Chinese Law Review by : Shi, Jichun

Download or read book Renmin Chinese Law Review written by Shi, Jichun and published by Edward Elgar Publishing. This book was released on 2022-07-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.

Healthcare Decision-Making and the Law

Author : Mary Donnelly
Publisher : Cambridge University Press
ISBN 13 : 1139491849
Total Pages : 345 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Healthcare Decision-Making and the Law by : Mary Donnelly

Download or read book Healthcare Decision-Making and the Law written by Mary Donnelly and published by Cambridge University Press. This book was released on 2010-11-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

The Oxford Handbook of Reproductive Ethics

Author : Leslie Francis
Publisher : Oxford University Press
ISBN 13 : 0199981876
Total Pages : 681 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Oxford Handbook of Reproductive Ethics by : Leslie Francis

Download or read book The Oxford Handbook of Reproductive Ethics written by Leslie Francis and published by Oxford University Press. This book was released on 2017 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intimate and medicalized, natural and technological, reproduction poses some of the most challenging ethical dilemmas of our time. This volume brings together scholars from multiple perspectives to address both traditional and novel questions about the rights and responsibilities of human reproducers, their caregivers, and the societies in which they live.