Jonathan Herring

Caring and the Law (eBook, ePUB)

• Format: ePub

Produktbeschreibung

'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.

Produktdetails

• Verlag: Bloomsbury eBooks UK
• Seitenzahl: 374
• Erscheinungstermin: 18. Juli 2014
• Englisch
• ISBN-13: 9781782251132
• Artikelnr.: 41341922

Autorenporträt

Jonathan Herring is Professor of Law at the University of Oxford and Fellow in Law at Exeter College, Oxford, UK.

Inhaltsangabe

1. Caring
I. Introduction
II. Title
III. Ethic of Care
IV. Real Life
V. Politics and Care
VI. The Structure of the Book
2. The Nature of Care
I. Introduction
II. Terminology
III. The Disability Critique of Care
IV. Paid and Unpaid Care
V. Gender and Caring
VI. The Status of Carers
VII. The Extent of Caring
VIII. Caring Relationships and Disadvantage
IX Conclusion
3. Ethic of Care
I. Introduction
II. The Origins of an Ethic of Care
III. Central Themes in an Ethic of Care Approach
IV. Disputed Issues Surrounding an Ethic of Care
V. Criticisms of an Ethic of Care
VI. Ethic of Care and Law
VII. Conclusion
4. State Support of Care
I. Introduction
II. The Political Background
III. Why Care Matters to the State
IV. The Basis of the Support
V. The Nature of the Support
VI. Defamilisation
VII. Work-Life Balance
VIII. Commodification
IX. Current Law
X. Government Reforms on Support for Carers
XI. Future Funding of Care
XII. The Role of the Courts
XIII. Conclusion
5. Caring and Medical Law
I. Introduction
II. The Place of Carers in Medical Law
III. Mental Capacity and Carers
IV. Carers as Decision-Makers
V. Mental Health Act 1983 and Carers
VI. Human Tissue Act 2004 and Carers
VII. Autonomy
VIII. Bodies
IX. Rationing
X. Confidentiality
XI. Personhood
XII. Conclusion
6. Family Law and Caring
I. Introduction
II. Care at the Heart of Family Law
III. Marriage
IV. Parenthood
V. Disputes over Children
VI. Financial Orders
VII. Unmarried Couples and Property Disputes
VIII. Autonomy and Family Law
IX. Conclusion
7. Caring and General Law
I. Introduction
II. Human Rights and Caring Relationships
III. Carers and Tort
IV. Carers' Employment Law Protection
V. Conclusion
8. Caring and Abuse
I. Introduction
II. Recent Scandals
III. Statistics
IV. Defining Intimate Relationship Abuse
V. The Causes of Intimate Abuse
VI. Rights to Protection
VII. Criminal Law
VIII. Civil Law
IX. Compulsory Intervention
X. Prevention and Regulation
XI. Conclusion
9. Conclusions
I. Introduction
II. Social Justice and Societal Well-Being
III. The Nature of Care
IV. The Relational Self
V. Gender Care and Power
VI. The Promotion of Caring Relationships
VII. Care and Health
VIII. Refocusing Family Law on Care
IX. Care and Employment
X. Care and Protection from Abuse
XI. Final Thoughts