Relational Autonomy And Family Law
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Relational Autonomy And Family Law
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Author : Jonathan Herring
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-03-11
Relational Autonomy And Family Law written by Jonathan Herring and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-11 with Law categories.
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.
Relational Vulnerability
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Author : Ellen Gordon-Bouvier
language : en
Publisher: Springer Nature
Release Date : 2020-11-15
Relational Vulnerability written by Ellen Gordon-Bouvier and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-15 with Social Science categories.
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.
Law S Relations
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Author : Jennifer Nedelsky
language : en
Publisher: OUP USA
Release Date : 2011-10-11
Law S Relations written by Jennifer Nedelsky and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-11 with Law categories.
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.
Healthcare Decision Making And The Law
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Author : Mary Donnelly
language : en
Publisher: Cambridge University Press
Release Date : 2010-11-18
Healthcare Decision Making And The Law written by Mary Donnelly and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-18 with Law categories.
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.
Autonomy Care And Family Law
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Author : Anna Heenan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-01-11
Autonomy Care And Family Law written by Anna Heenan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-11 with Law categories.
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.
Rethinking Law S Families And Family Law
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Author : Frederik Swennen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-11-08
Rethinking Law S Families And Family Law written by Frederik Swennen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-08 with Law categories.
This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, Rethinking Law's Families and Family Law highlights family law's current challenges and presents key avenues for future research.
Law And The Relational Self
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Author : Jonathan Herring
language : en
Publisher: Cambridge University Press
Release Date : 2019-11-21
Law And The Relational Self written by Jonathan Herring and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-21 with Law categories.
Describes the concept of the relational self and its potential significance to the law.
Relational Autonomy
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Author : Catriona Mackenzie
language : en
Publisher:
Release Date : 2000
Relational Autonomy written by Catriona Mackenzie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Philosophy categories.
These essays explore 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 philosophical debates about agency, identity, and moral responsibility.
Contextual Subjects
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Author : Robert Leckey
language : en
Publisher: University of Toronto Press
Release Date : 2008-01-01
Contextual Subjects written by Robert Leckey and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
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.
Rights Gender And Family Law
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Author : Julie Wallbank
language : en
Publisher: Routledge
Release Date : 2009-12-04
Rights Gender And Family Law written by Julie Wallbank and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-04 with Law categories.
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.