Revaluing Care In Theory Law And Policy

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ReValuing Care in Theory, Law and Policy

Author : Rosie Harding,Ruth Fletcher,Chris Beasley
Publisher : Taylor & Francis
Page : 254 pages
File Size : 42,9 Mb
Release : 2016-11-10
Category : Family & Relationships
ISBN : 9781317373841

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ReValuing Care in Theory, Law and Policy by Rosie Harding,Ruth Fletcher,Chris Beasley Pdf

Care is central to life, and yet is all too often undervalued, taken for granted, and hidden from view. This collection of fourteen substantive and highly innovative essays, along with its insightful introduction, seeks to explore the different dimensions of care that shape social, legal and political contexts. It addresses these dimensions in four key ways. First, the contributions expand contemporary theoretical understandings of the value of care, by reflecting upon established conceptual approaches (such as the ‘ethics of care’) and developing new ways of using and understanding this concept. Second, the chapters draw on a wide range of methods, from doctrinal scholarship through ethnographic, empirical and biographical research methodologies. Third, the book enlarges the usual subjects of care research, by expanding its analysis beyond the more typical focus on familial interconnection to include professional care contexts, care by strangers and care for and about animals. Finally, the collection draws on contributions from academics working in Europe and Australia, across law, anthropology, gender studies, politics, psychology and sociology. By highlighting the points of connection and tension between these diverse international and disciplinary perspectives, this book outlines a new and nuanced approach to care, exploring contemporary understandings of care across law, the social sciences and humanities.

Philosophical Foundations of Medical Law

Author : Andelka M. Phillips,Thana C. de Campos,Jonathan Herring
Publisher : Oxford University Press
Page : 368 pages
File Size : 47,6 Mb
Release : 2019-11-28
Category : Law
ISBN : 9780192516565

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Philosophical Foundations of Medical Law by Andelka M. Phillips,Thana C. de Campos,Jonathan Herring Pdf

With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.

The Spaces of Mental Capacity Law

Author : Beverley Clough
Publisher : Routledge
Page : 167 pages
File Size : 47,7 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000463835

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The Spaces of Mental Capacity Law by Beverley Clough Pdf

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Spaces of Care

Author : Loraine Gelsthorpe,Perveez Mody,Brian Sloan
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 54,9 Mb
Release : 2020-04-16
Category : Law
ISBN : 9781509929658

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Spaces of Care by Loraine Gelsthorpe,Perveez Mody,Brian Sloan Pdf

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).

Law and the Relational Self

Author : Jonathan Herring
Publisher : Cambridge University Press
Page : 213 pages
File Size : 52,5 Mb
Release : 2019-11-21
Category : Law
ISBN : 9781108425131

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Law and the Relational Self by Jonathan Herring Pdf

Describes the concept of the relational self and its potential significance to the law.

The Cambridge Companion to Gender and the Law

Author : Stéphanie Hennette Vauchez,Ruth Rubio-Marín
Publisher : Cambridge University Press
Page : 395 pages
File Size : 51,6 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781108586115

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The Cambridge Companion to Gender and the Law by Stéphanie Hennette Vauchez,Ruth Rubio-Marín Pdf

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

Care and Support Rights After Neoliberalism

Author : Yvette Maker
Publisher : Cambridge University Press
Page : 329 pages
File Size : 51,9 Mb
Release : 2022-04-28
Category : Law
ISBN : 9781108485203

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Care and Support Rights After Neoliberalism by Yvette Maker Pdf

This book offers an approach to care and support policy prioritizing gender equality, disability human rights and dignity for all.

Disability, Care and Family Law

Author : Beverley Clough,Jonathan Herring
Publisher : Routledge
Page : 198 pages
File Size : 48,6 Mb
Release : 2021-04-13
Category : Family & Relationships
ISBN : 9781000375183

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Disability, Care and Family Law by Beverley Clough,Jonathan Herring Pdf

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents – and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection – with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds – will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.

Duties to Care

Author : Rosie Harding
Publisher : Cambridge University Press
Page : 283 pages
File Size : 50,9 Mb
Release : 2017-08-24
Category : Law
ISBN : 9781107097377

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Duties to Care by Rosie Harding Pdf

Duties to Care is the first empirically grounded, conceptually nuanced, socio-legal examination of caring for a person with dementia.

Part-Time for All

Author : Jennifer Nedelsky,Tom Malleson
Publisher : Oxford University Press
Page : 385 pages
File Size : 51,6 Mb
Release : 2023
Category : Caregivers
ISBN : 9780190642754

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Part-Time for All by Jennifer Nedelsky,Tom Malleson Pdf

"Part Time for All offers solutions to 4 pressing problems: inequality for care-givers; family stress from demands of work and care; chronic time scarcity; policy makers who are ignorant of care and care-givers with little access to policy making--the care/policy divide. Only a radical restructuring of both work and care can redress all these problems. We propose new norms: no one does paid work for more than 30 hours a week, and everyone contributes roughly 22 hours of unpaid care to family, friends, or their chosen community of care. Other approaches provide only partial solutions. For example, wages for housework, or excellent daycare, or flexible work hours would not overcome the care/policy divide. We explain why everyone needs to acquire the knowledge and dispositions that come from the sustained experience of providing care throughout one's life. We show how work can be transformed to allow time for care giving, and how these new norms will generate a cultural shift in the value accorded care. While we focus primarily on human-to-human care, we include care for the earth. The final two chapters describe how these processes of transformation could be feasibly accomplished and why these changes are possible in high income countries within our current global economy. Every one of our proposals already exists in at least one country; the task is to integrate the key reforms and scale them up. Given the magnitude of the current problems, deep changes are needed. Part-Time for All offers a feasible path forward"--

The Oxford Handbook of Law and Anthropology

Author : Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
Publisher : Oxford University Press
Page : 993 pages
File Size : 55,5 Mb
Release : 2022-04-01
Category : Law
ISBN : 9780192577016

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The Oxford Handbook of Law and Anthropology by Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker Pdf

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Supporting Legal Capacity in Socio-Legal Context

Author : Mary Donnelly,Rosie Harding,Ezgi Tascioglu
Publisher : Bloomsbury Publishing
Page : 337 pages
File Size : 41,8 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781509940356

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Supporting Legal Capacity in Socio-Legal Context by Mary Donnelly,Rosie Harding,Ezgi Tascioglu Pdf

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Ageing and Sexualities

Author : Rosie Harding,Elizabeth Peel
Publisher : Routledge
Page : 329 pages
File Size : 40,8 Mb
Release : 2017-05-15
Category : Social Science
ISBN : 9781317183723

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Ageing and Sexualities by Rosie Harding,Elizabeth Peel Pdf

This book showcases developments in theory, research and practice regarding sexuality and ageing, considering the differences as well as similarities between and among ageing heterosexual and LGBT older people. Identifying the questions central to future social scientific research on ageing and sexuality, it focuses on the important, emerging dimensions of sexuality and ageing: embodiment, the diversification of the ageing context and the intersections of care and sexuality. With attention to the different forms of sexualities, particularly at their intersection with gender, this volume explores the importance of spatial and relational contexts, whether individual, residential or virtual, with authors offering studies of online dating, sexuality in the context of residential care and the relationship between sexuality, legal frameworks and social policy. Interdisciplinary in scope and offering the latest research from scholars in the UK, Australasia and Africa, Ageing and Sexualities constitutes an integrated approach to the conceptual and practical challenges of understanding the interplay of ageing and sexuality in contemporary society. As such, it will appeal to scholars from a variety of disciplinary backgrounds, including sociology, cultural studies, socio-legal studies, social gerontology, psychology, medicine and health care.

Ageing, Ageism and the Law

Author : Israel (Issi) Doron,Nena Georgantzi
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 53,6 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788972116

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Ageing, Ageism and the Law by Israel (Issi) Doron,Nena Georgantzi Pdf

Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.

Care Ethics, Democratic Citizenship and the State

Author : Petr Urban,Lizzie Ward
Publisher : Springer Nature
Page : 321 pages
File Size : 42,9 Mb
Release : 2020-07-08
Category : Political Science
ISBN : 9783030414375

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Care Ethics, Democratic Citizenship and the State by Petr Urban,Lizzie Ward Pdf

This book reflects on theoretical developments in the political theory of care and new applications of care ethics in different contexts. The chapters provide original and fresh perspectives on the seminal notions and topics of a politically formulated ethics of care. It covers concepts such as democratic citizenship, social and political participation, moral and political deliberation, solidarity and situated attentive knowledge. It engages with current debates on marketizing and privatizing care, and deals with issues of state care provision and democratic caring institutions. It speaks to the current political and societal challenges, including the crisis of Western democracy related to the rise of populism and identity politics worldwide. The book brings together perspectives of care theorists from three different continents and ten different countries and gives voice to their unique local insights from various socio-political and cultural contexts. Chapter 11 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.