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Autonomy Care And Family Law
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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.
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.
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 296 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.
Book Synopsis Legal Recognition of Non-Conjugal Families by : Nausica Palazzo
Download or read book Legal Recognition of Non-Conjugal Families written by Nausica Palazzo and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.
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 270 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 Perspectives for the Unification and Harmonisation of Family Law in Europe by : Katharina Boele-Woelki
Download or read book Perspectives for the Unification and Harmonisation of Family Law in Europe written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Book Synopsis Public Health Nursing by : Greta Thornbory
Download or read book Public Health Nursing written by Greta Thornbory and published by John Wiley & Sons. This book was released on 2009-08-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Health Nursing is an essential resource for all health visiting students, school nursing students, and occupational health nursing students, that reflects the current key changes in community public health nursing. It is a key textbook for specialist practitioner programmes, and those new to the public health arena. Written by relevant experts in the field, this practical textbook uniquely explores the three main specialties of Public Health Nursing: Health Visiting, School Nursing and Occupational Health Nursing. A particular strength of the book is the way it shows the diversity of each discipline and how they each address Public Health in vastly different ways according to the needs of their relevant population. This will be essential reading for all students on the Specialist Community Public Health Nursing (SCPHN) programmes offered across the UK. Key features: Focuses on the specialist community public health nursing part of the NMC register Multidisciplinary, with contributors from all three specialisms Concerned with improving the health of the population, rather than treating the diseases of individual patients Focuses on practice and competencies
Book Synopsis Diverse Voices in Tort Law by : Kirsty Horsey
Download or read book Diverse Voices in Tort Law written by Kirsty Horsey and published by Policy Press. This book was released on 2024-03-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field. The collection brings issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will: • deepen students’ understanding of the central concepts and practices of tort law; • uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences; • amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field. Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law. Chapter 9 available open access digitally under CC-BY licence.
Book Synopsis Autonomy and Human Rights in Health Care by : David N. Weisstub
Download or read book Autonomy and Human Rights in Health Care written by David N. Weisstub and published by Springer Science & Business Media. This book was released on 2007-12-20 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.
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 530 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.
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 Law and Global Health by : Michael D. A. Freeman
Download or read book Law and Global Health written by Michael D. A. Freeman and published by Oxford University Press, USA. This book was released on 2014-03 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Global Health is the latest volume in the Current Legal Issues series. It contains a broad range of articles from scholars and public health experts dicussing the interaction between law and public health in low-, middle- and high-income countries.
Book Synopsis Choosing Life, Choosing Death by : Charles Foster
Download or read book Choosing Life, Choosing Death written by Charles Foster and published by Bloomsbury Publishing. This book was released on 2009-02-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford
Book Synopsis Gender, Sexualities and Law by : Jackie Jones
Download or read book Gender, Sexualities and Law written by Jackie Jones and published by Routledge. This book was released on 2011-03-17 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together an international range of academics, Gender, Sexualities and Law provides a comprehensive interrogation of the range of contemporary issues – both topical and controversial – raised by the gendered character of law, legal discourse and institutions. The gendering of law, persons and the legal profession, along with the gender bias of legal outcomes, has been a fractious, but fertile, focus of reflection. It has, moreover, been an important site of political struggle. This collection of essays offers an unrivalled examination of its various contemporary dimensions, focusing on: issues of theory and representation; violence, both national and international; reproduction and parenting; and partnership, sexuality, marriage and the family. Gender, Sexualities and Law will be invaluable for all those engaged in research and study of the law (and related fields) as a form of gendered power.
Book Synopsis Care, Autonomy, And Justice by : Grace Clement
Download or read book Care, Autonomy, And Justice written by Grace Clement and published by Routledge. This book was released on 2018-02-20 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book begins with versions of the ethic of care and the ethic of justice. It argues that the ethic of care reveals important problems with the concept of autonomy, but that these problems are not present in all versions of autonomy.
Book Synopsis Regulating Reproduction by : Emily Jackson
Download or read book Regulating Reproduction written by Emily Jackson and published by Bloomsbury Publishing. This book was released on 2001-10-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.
Book Synopsis Cross-Border Litigation in Europe by : Paul Beaumont
Download or read book Cross-Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
