Vulnerabilities Care And Family Law

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Vulnerabilities, Care and Family Law

Julie A. Wallbank,Jonathan Herring
Vulnerabilities Care and Family Law Book PDF

Author : Julie A. Wallbank,Jonathan Herring
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 2015
Category : Domestic relations
ISBN : OCLC:1302559659

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Vulnerabilities, Care and Family Law by Julie A. Wallbank,Jonathan Herring Pdf

"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. Vulnerabilities, Care and Family Law 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 anyone concerned with how developments in social policy and family law might improve the lives of already exposed and fragile families."--

Vulnerabilities, Care and Family Law

Julie Wallbank,Jonathan Herring
Vulnerabilities Care and Family Law Book PDF

Author : Julie Wallbank,Jonathan Herring
Publisher : Routledge
Page : 268 pages
File Size : 42,9 Mb
Release : 2013-11-26
Category : Law
ISBN : 9781136003363

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Vulnerabilities, Care and Family Law by Julie Wallbank,Jonathan Herring Pdf

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.

Vulnerabilities, Care and Family Law

Julie Wallbank,Jonathan Herring
Vulnerabilities Care and Family Law Book PDF

Author : Julie Wallbank,Jonathan Herring
Publisher : Routledge
Page : 296 pages
File Size : 46,9 Mb
Release : 2013-11-26
Category : Law
ISBN : 9781136003448

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Vulnerabilities, Care and Family Law by Julie Wallbank,Jonathan Herring Pdf

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.

Embracing Vulnerability

Daniel Bedford,Jonathan Herring
Embracing Vulnerability Book PDF

Author : Daniel Bedford,Jonathan Herring
Publisher : Routledge
Page : 190 pages
File Size : 55,5 Mb
Release : 2020-02-13
Category : Law
ISBN : 9781351105682

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Embracing Vulnerability by Daniel Bedford,Jonathan Herring Pdf

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.

Disability, Care and Family Law

Beverley Clough,Jonathan Herring
Disability Care and Family Law Book PDF

Author : Beverley Clough,Jonathan Herring
Publisher : Routledge
Page : 234 pages
File Size : 48,9 Mb
Release : 2021-04-13
Category : Family & Relationships
ISBN : 9781000375114

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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.

What is The Family of Law?

Alan Brown
What is The Family of Law Book PDF

Author : Alan Brown
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 50,8 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781509919604

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What is The Family of Law? by Alan Brown Pdf

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'.

Family Law

Ruth Lamont
Family Law Book PDF

Author : Ruth Lamont
Publisher : Oxford University Press
Page : 703 pages
File Size : 47,6 Mb
Release : 2018
Category : Domestic relations
ISBN : 9780198749653

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Family Law by Ruth Lamont Pdf

Written by a highly experienced team of family law teachers, this innovative textbook offers students a contextual, critical guide to the subject. Under the expert editorship of Ruth Lamont, each author has crafted a superbly clear guide to their specialist topic, with a focus on debate, areas of controversy, and essential context.

Ageing, Gender and Family Law

Beverley Clough,Jonathan Herring
Ageing Gender and Family Law Book PDF

Author : Beverley Clough,Jonathan Herring
Publisher : Routledge
Page : 244 pages
File Size : 52,7 Mb
Release : 2018-03-19
Category : Law
ISBN : 9781351717496

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Ageing, Gender and Family Law by Beverley Clough,Jonathan Herring Pdf

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.

Vulnerable Adults and the Law

Jonathan Herring
Vulnerable Adults and the Law Book PDF

Author : Jonathan Herring
Publisher : Oxford University Press
Page : 240 pages
File Size : 53,6 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191057113

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Vulnerable Adults and the Law by Jonathan Herring Pdf

We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.

Vulnerability, Childhood and the Law

Jonathan Herring
Vulnerability Childhood and the Law Book PDF

Author : Jonathan Herring
Publisher : Springer
Page : 70 pages
File Size : 43,7 Mb
Release : 2018-04-05
Category : Law
ISBN : 9783319786865

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Vulnerability, Childhood and the Law by Jonathan Herring Pdf

This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.

Relational Vulnerability

Ellen Gordon-Bouvier
Relational Vulnerability Book PDF

Author : Ellen Gordon-Bouvier
Publisher : Springer Nature
Page : 203 pages
File Size : 47,6 Mb
Release : 2020-11-15
Category : Social Science
ISBN : 9783030613587

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Relational Vulnerability by Ellen Gordon-Bouvier Pdf

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.

Legal Recognition of Non-Conjugal Families

Nausica Palazzo
Legal Recognition of Non Conjugal Families Book PDF

Author : Nausica Palazzo
Publisher : Bloomsbury Publishing
Page : 245 pages
File Size : 51,6 Mb
Release : 2021-02-25
Category : Law
ISBN : 9781509939978

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Legal Recognition of Non-Conjugal Families by Nausica Palazzo Pdf

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.

Philosophical Foundations of Children's and Family Law

Elizabeth Brake,Lucinda Ferguson
Philosophical Foundations of Children s and Family Law Book PDF

Author : Elizabeth Brake,Lucinda Ferguson
Publisher : Oxford University Press
Page : 369 pages
File Size : 52,6 Mb
Release : 2018
Category : Law
ISBN : 9780198786429

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Philosophical Foundations of Children's and Family Law by Elizabeth Brake,Lucinda Ferguson Pdf

This collection is the first of its kind to examine the ethical foundations of family law. Topics include the value of marriage, the scope of parental control rights, the protection of children's interests, and the role of religious freedom in the legal attitude to family relationships.

Law and Global Health

Michael Freeman,Sarah Hawkes,Belinda Bennett
Law and Global Health Book PDF

Author : Michael Freeman,Sarah Hawkes,Belinda Bennett
Publisher : OUP Oxford
Page : 600 pages
File Size : 49,6 Mb
Release : 2014-05-29
Category : Political Science
ISBN : 9780191003462

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Law and Global Health by Michael Freeman,Sarah Hawkes,Belinda Bennett Pdf

Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Global Health, the sixteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between global health and the law. Covering a wide range of areas from all over the world, articles in the volume look at areas of human rights, vulnerable populations, ethical issues, legal responses and governance.

Vulnerability in Police Custody

Roxanna Dehaghani
Vulnerability in Police Custody Book PDF

Author : Roxanna Dehaghani
Publisher : Routledge
Page : 178 pages
File Size : 44,8 Mb
Release : 2019-02-13
Category : Law
ISBN : 9781351602600

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Vulnerability in Police Custody by Roxanna Dehaghani Pdf

This book provides a nuanced and timely contribution to the question of vulnerability in police custody. It addresses the implementation of the appropriate adult safeguard in respect of adult suspects and explores police decision-making in this context. Drawing on empirical research carried out in England, the work takes a socio-legal approach to examine how and why police custody officers implement or not the appropriate adult safeguard. The book’s core arguments are addressed within three parts. Part I examines how vulnerability is constructed philosophically and practically, firstly within the broader literature, thereafter at common law and in statute, and finally by police custody officers. Part 2 discusses how vulnerability is identified and how decisions are made in response to vulnerability. Part 3 critically assesses the theoretical understandings of police decision-making and criminal justice. Here it is argued that current theories on police decision-making hold explanatory power yet have significant shortcomings in relation to vulnerability and the appropriate adult safeguard. The book thus presents new theoretical insights and, on the basis of these insights, asserts that the current regime of regulation must be reconsidered, while police compliance may only be ensured if vulnerability is radically reconceptualised.