Autonomy, Care and Family Law

2024-01-11 Law

Author : Anna Heenan
Release : 2024-01-11
Genre : Law
Kind : eBook
Book Rating : 343/5 ( reviews)

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

Download or read book Autonomy, Care and Family Law written by Anna Heenan. This book was released on 2024-01-11. 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 and Family Law

2014-03-11 Law

Author : Jonathan Herring
Release : 2014-03-11
Genre : Law
Kind : eBook
Book Rating : 879/5 ( reviews)

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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. This book was released on 2014-03-11. 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.

Disability, Care and Family Law

2021-04-13 Family & Relationships

Author : Beverley Clough
Release : 2021-04-13
Genre : Family & Relationships
Kind : eBook
Book Rating : 188/5 ( reviews)

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Book Synopsis Disability, Care and Family Law by : Beverley Clough

Download or read book Disability, Care and Family Law written by Beverley Clough. This book was released on 2021-04-13. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulating Autonomy

2009-03-04 Law

Author : Shelley Day Sclater
Release : 2009-03-04
Genre : Law
Kind : eBook
Book Rating : 996/5 ( reviews)

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Book Synopsis Regulating Autonomy by : Shelley Day Sclater

Download or read book Regulating Autonomy written by Shelley Day Sclater. This book was released on 2009-03-04. Available in PDF, EPUB and Kindle. Book excerpt: These essays explore the nature and limits of individual autonomy in law, policy and the work of regulatory agencies. Authors ask searching questions about the nature and scope of the regulation of 'private' lives, from intimacies, personal relationships and domestic lives to reproduction. They question the extent to which the law does, or should, protect individual autonomy. Recent rapid advances in the development of new technologies - particularly those concerned with human genetics and assisted reproduction - have generated new questions (practical, social, legal and ethical) about how far the state should intervene in individual decision making. Is there an inevitable tension between individual liberty and the common good? How might a workable balance between the public and the private be struck? How, indeed, should we think about 'autonomy'? The essays explore the arguments used to create and maintain the boundaries of autonomy - for example, the protection of the vulnerable, public goods of various kinds, and the maintenance of tradition and respect for cultural practices. Contributors address how those boundaries should be drawn and interventions justified. How are contemporary ethical debates about autonomy constructed, and what principles do they embody? What happens when those principles become manifest in law?

Vulnerabilities, Care and Family Law

2013-11-26 Law

Author : Julie Wallbank
Release : 2013-11-26
Genre : Law
Kind : eBook
Book Rating : 444/5 ( reviews)

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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. This book was released on 2013-11-26. 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.

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