Informal Carers and Private Law

Informal Carers and Private Law PDF Author: Brian Sloan
Publisher: Bloomsbury Publishing
ISBN: 1782250476
Category : Law
Languages : en
Pages : 188

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Book Description
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

Informal Carers and Private Law

Informal Carers and Private Law PDF Author: Brian Sloan
Publisher: Bloomsbury Publishing
ISBN: 1782250476
Category : Law
Languages : en
Pages : 188

Get Book Here

Book Description
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

Informal Carers and Private Law, Volume 4 (Hart Studies in Private Law)

Informal Carers and Private Law, Volume 4 (Hart Studies in Private Law) PDF Author: Brian Sloan
Publisher:
ISBN:
Category : Caregivers
Languages : en
Pages : 290

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Book Description


Informal Carers and Private Law

Informal Carers and Private Law PDF Author: Brian Sloan
Publisher: Bloomsbury Publishing
ISBN: 1782250468
Category : Law
Languages : en
Pages : 290

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Book Description
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

Informal Care and Private Law

Informal Care and Private Law PDF Author: Brian Sloan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
The provision of care for elderly and disabled people is an issue of enormous public importance, particularly in the context of an aging population. There is currently much discussion, in the light of the UK Government's attempts to implement an approximation of the Dilnot Commission's recommendations (Commission on Funding of Care and Support, Fairer Care Funding (2011)), about the provision of formal care for those who require it and how it should be funded. But care recipients, and ultimately wider society, continue to rely heavily on care provided informally (i.e., in the absence of a legal duty) in the home. Many of the people providing such care suffer significant financial and health-related disadvantages as a result of their responsibilities, though in principle some are able to seek (in addition to limited support from the state) a form of 'compensation' from their care recipients via a private law claim. This paper asks whether private law remedies for carers, such as those remedies identified and to an extent advocated in the author's recent monograph, Informal Carers and Private Law (Oxford, Hart Publishing, 2013), are inevitably related to an inadequacy of state support for carers and care recipients and a failure properly to grapple with the issue of care on the part of Government and society. It evaluates the alternative proposition that such remedies are normatively appropriate irrespective of the level of state provision of care or state support for informal carers.

Current Issues in Succession Law

Current Issues in Succession Law PDF Author: Birke Häcker
Publisher: Bloomsbury Publishing
ISBN: 1782256296
Category : Law
Languages : en
Pages : 320

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Book Description
While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.

Understanding family and friends care: the relationship between need, support and legal status

Understanding family and friends care: the relationship between need, support and legal status PDF Author:
Publisher: Family Rights Group
ISBN: 187151570X
Category :
Languages : en
Pages : 92

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Book Description


ReValuing Care in Theory, Law and Policy

ReValuing Care in Theory, Law and Policy PDF Author: Rosie Harding
Publisher: Taylor & Francis
ISBN: 1317373847
Category : Family & Relationships
Languages : en
Pages : 269

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Book Description
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.

Spaces of Care

Spaces of Care PDF Author: Loraine Gelsthorpe
Publisher: Bloomsbury Publishing
ISBN: 1509929649
Category : Law
Languages : en
Pages : 287

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Book Description
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).

Solidarity Across Generations

Solidarity Across Generations PDF Author: Eri Kasagi
Publisher: Springer Nature
ISBN: 3030505472
Category : Law
Languages : en
Pages : 309

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Book Description
This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk. Drawing on insights from the interface between family law, administrative law and social law, it examines 13 countries on different continents, and also briefly covers a number of additional countries in the introduction. This book is a based on the discussions and exchanges at the 20th General Congress of the International Academy of Comparative Law, in Fukuoka, Japan.

Modern Studies in Property Law - Volume 8

Modern Studies in Property Law - Volume 8 PDF Author: Warren Barr
Publisher: Bloomsbury Publishing
ISBN: 1509901841
Category : Law
Languages : en
Pages : 680

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Book Description
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.