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Author: Rebecca Probert
Publisher: Bloomsbury Publishing
ISBN: 1847315054
Category : Law
Languages : en
Pages : 368
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Book Description
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law. This title is included in Bloomsbury Professional's Family Law online service.
Author: Rebecca Probert
Publisher: Bloomsbury Publishing
ISBN: 1847315054
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation. The book begins by exploring the conceptual underpinnings of parental responsibility in the context of parents' and children's rights. The analysis highlights the inherent constraints and limitations of 'parental responsibility' and how its scope has deliberately been curtailed in certain contexts. The book then considers what parental responsibility allows and requires in specific areas, for example, naming a child, education, religious upbringing, medical treatment, corporal punishment, dealing with any contracts entered into or property owned by the child, representing the child in legal proceedings, consenting to a child's marriage or civil partnership and the law's response to the death of a child. In the final section, the idea of the 'responsible parent' is considered in the contexts of child support, contact, tort, and criminal law. This title is included in Bloomsbury Professional's Family Law online service.
Author: Joseph Millum
Publisher: Oxford University Press
ISBN: 0190695439
Category : Family & Relationships
Languages : en
Pages : 170
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Book Description
Most people believe that parents have moral rights and responsibilities regarding their children. These rights and responsibilities undergird the nuclear family and are essential to the flourishing of its members. However, their basis and contents are hotly contested. Do a child's genetic parents have a right to parent her? The importance of genetic ties is affirmed by many people's gut responses, everyday talk, and many court decisions, but the moral justification for tying parenthood rights to genetics is unclear. Parents are routinely permitted to make far-reaching decisions about their children's medical care, education, religious practice, and even how to punish them. When can parental rights be limited by the interests of the child or society? Matters are no more settled when it comes to parental responsibilities. It is commonly thought that if a man conceives a child through voluntary sexual intercourse he acquires parental responsibilities, even if he took every precaution against conception. On the other hand, sperm donors are widely-though not universally-thought to have no responsibilities towards their progeny. What is the basis for these disparate judgments? Parents are expected to do a lot for their children as they raise them. But there are surely limits. Sometimes parents have to balance the needs of multiple family members or just want to have time for themselves. What is the extent of their parental responsibilities? In The Moral Foundations of Parenthood, Joseph Millum provides a philosophical account of moral parenthood. He explains how parental rights and responsibilities are acquired, what those rights and responsibilities consist in, and how parents should go about making decisions on behalf of their children. In doing so, he provides a set of frameworks to help solve pressing ethical dilemmas relating to parents and children.
Author: The Church of Jesus Christ of Latter-day Saints
Publisher: The Church of Jesus Christ of Latter-day Saints
ISBN: 1465103074
Category :
Languages : en
Pages : 470
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Book Description
The prophet Brigham Young taught the restored gospel of Jesus Christ in a basic, practical way that gave inspiration and hope to the Saints struggling to build a home in the wilderness. Though more than a century has now passed, his words are still fresh and appropriate for us today as we continue the work of building the kingdom of God. President Young declared that as members of The Church of Jesus Christ of Latter-day Saints we possess the “doctrine of life and salvation for all the honest-in-heart” (DBY, 7). He promised that those who receive the gospel in their hearts will have awakened “within them a desire to know and understand the things of God more than they ever did before in their lives” and will begin to “inquire, read and search and when they go to their Father in the name of Jesus he will not leave them without a witness” (DBY, 450). This book reflects the desire of the First Presidency and the Quorum of the Twelve Apostles to deepen the doctrinal understanding of Church members and to awaken within them a greater desire to know the things of God. It will inspire and motivate individuals, priesthood quorums, and Relief Society classes to inquire, read, search, and then go to their Father in Heaven for a witness of the truth of these teachings. Each chapter contains two sections—“Teachings of Brigham Young” and “Suggestions for Study.” The first section consists of extracts from Brigham Young’s sermons to the early Saints. Each statement has been referenced, and the original spelling and punctuation have been preserved; however, the sources cited will not be readily available to most members. These original sources are not necessary to have in order to effectively study or teach from this book. Members need not purchase additional references and commentaries to study or teach these chapters. The text provided in this book, accompanied by the scriptures, is sufficient for instruction. Members should prayerfully read and study President Young’s teachings in order to gain new insights into gospel principles and discover how those principles apply to their everyday lives. By faithfully and prayerfully studying these selections, Latter-day Saints will have a greater understanding of gospel principles and will more fully appreciate the profound and inspired teachings of this great prophet. The second section of each chapter offers a series of questions that will encourage thoughtful contemplation, personal application, and discussion of President Young’s teachings. Members should refer to and carefully reread his words on the principle being discussed. Deep and prayerful study of these teachings will inspire members to greater personal commitment and will help them resolve to follow the teachings of the Savior, Jesus Christ. If individuals and families prayerfully follow the principles in this book, they will be blessed and inspired to greater dedication and spirituality, as were the early Saints who heard these words directly from the lips of the “Lion of the Lord” (HC, 7:434)—the prophet, seer, and revelator, President Brigham Young.
Author: Kristien Hens
Publisher: Springer
ISBN: 3319428349
Category : Philosophy
Languages : en
Pages : 255
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Book Description
Should parents aim to make their children as normal as possible to increase their chances to “fit in”? Are neurological and mental health conditions a part of children’s identity and if so, should parents aim to remove or treat these? Should they aim to instill self-control in their children? Should prospective parents take steps to insure that, of all the children they could have, they choose the ones with the best likely start in life? This volume explores all of these questions and more. Against the background of recent findings and expected advances in neuroscience and genetics, the extent and limits of parental responsibility are increasingly unclear. Awareness of the effects of parental choices on children’s wellbeing, as well as evolving norms about the moral status of children, have further increased expectations from (prospective) parents to take up and act on their changing responsibilities. The contributors discuss conceptual issues such as the meaning and sources of moral responsibility, normality, treatment, and identity. They also explore more practical issues such as how responsibility for children is practiced in Yoruba culture in Nigeria or how parents and health professionals in Belgium perceive the dilemmas generated by prenatal diagnosis.
Author: Ziba Vaghri
Publisher: Springer Nature
ISBN: 3030846474
Category : Education
Languages : en
Pages : 429
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Book Description
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
Author: Norvin Richards
Publisher: Oxford University Press
ISBN: 0199774269
Category : Philosophy
Languages : en
Pages : 304
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Book Description
In The Ethics of Parenthood Norvin Richards explores the moral relationship between parents and children from slightly before the cradle to slightly before the grave. Richards maintains that biological parents do ordinarily have a right to raise their children, not as a property right but as an instance of our general right to continue whatever we have begun. The contention is that creating a child is a first act of parenthood, hence it ordinarily carries a right to continue as parent to that child. Implications are drawn for a wide range of cases, including those of Baby Jessica and Baby Richard, prenatal abandonment, babies switched at birth and sent home with the wrong parents, and families separated by war or natural disaster. A second contention is that children have a claim of their own to have their autonomy respected, and that this claim is stronger the better the grounds for believing that what the child's actions express is a self of the child's own. A final set of chapters concern parents and their grown children. Views are offered about what duties parents have at this stage of life, about what is required in order to treat grown children as adults, and about what obligations grown children have to their parents. In the final chapter Richards discusses the contention that parents sometimes have an obligation to die rather than permit their children to make the sacrifices needed to keep them alive, arguing that a leading view about this undervalues both love and autonomy.
Author: Dr Michael W Austin
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409485307
Category : Philosophy
Languages : en
Pages : 241
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Book Description
Our parents often have a significant impact on the content of our beliefs, the values we hold, and the goals we pursue and becoming a parent can also have a similar impact on our lives. In Conceptions of Parenthood Michael Austin provides a rigorous and accessible philosophical analysis of the numerous and distinct conceptions of parenthood. Issues considered are the nature and justification of parental rights, the sources of parental obligations, the value of autonomy, and the moral obligations and tensions present within interpersonal relationships. Austin rejects the 'proprietarian', 'best interests of the child', and 'biological' conceptions of parenthood as failing to generate parental rights and obligations but considers more sympathetically the 'custodial relationship', 'consent', and 'causal' conceptions of parenthood and ultimately defends a 'stewardship' conception. Finally Austin explores the 'stewardship' view for practical and moral questions related to family life and social policy regarding the family, such as the education of children, the religious upbringing of children and state licensing of parents.
Author: Stephen Gilmore
Publisher: Routledge
ISBN: 1351555030
Category : Law
Languages : en
Pages : 601
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Book Description
This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of ?parent? and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616
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Book Description
Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Author: Leonard Sax
Publisher: Basic Books
ISBN: 1541604547
Category : Family & Relationships
Languages : en
Pages : 277
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Book Description
In this New York Times bestseller, one of America’s premier physicians offers a must-read account of the new challenges facing parents today and a program for how we can better prepare our children to navigate the obstacles they face In The Collapse of Parenting, internationally acclaimed author Leonard Sax argues that rising levels of obesity, depression, and anxiety among young people can be traced to parents abdicating their authority. The result is children who have no standard of right and wrong, who lack discipline, and who look to their peers and the Internet for direction. Sax shows how parents must reassert their authority - by limiting time with screens, by encouraging better habits at the dinner table, and by teaching humility and perspective - to renew their relationships with their children. Drawing on nearly thirty years of experience as a family physician and psychologist, along with hundreds of interviews with children, parents, and teachers, Sax offers a blueprint parents can use to help their children thrive in an increasingly complicated world.
