Caring and the Law

Caring and the Law PDF Author: Jonathan Herring
Publisher: A&C Black
ISBN: 1782251138
Category : Law
Languages : en
Pages : 342

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Book Description
'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.

Caring and the Law

Caring and the Law PDF Author: Jonathan Herring
Publisher: A&C Black
ISBN: 1782251138
Category : Law
Languages : en
Pages : 342

Get Book

Book Description
'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.

Caring for Justice

Caring for Justice PDF Author: Robin West
Publisher: NYU Press
ISBN: 9780814793497
Category : Law
Languages : en
Pages : 372

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Book Description
Over the past decade, mainstream feminist theory has repeatedly and urgently cautioned against arguments which assert the existence of fundamental—or essential—differences between men and women. Any biological or natural differences between the sexes are often flatly denied, on the grounds that such an acknowledgment will impede women's claims to equal treatment. In Caring for Justice, Robin West turns her sensitive, measured eye to the consequences of this widespread refusal to consider how women's lived experiences and perspectives may differ from those of men. Her work calls attention to two critical areas in which an inadequate recognition of women's distinctive experiences has failed jurisprudence. We are in desperate need, she contends, both of a theory of justice which incorporates women's distinctive moral voice on the meaning of justice into our discourse, and of a theory of harm which better acknowledges, compensates, and seeks to prevent the various harms which women, disproportionately and distinctively, suffer. Providing a fresh feminist perspective on traditional jurisprudence, West examines such issues as the nature of justice, the concept of harm, economic theories of value, and the utility of constitutional discourse. She illuminates the adverse repercussions of the anti-essentialist position for jurisprudence, and offers strategies for correcting them. Far from espousing a return to essentialism, West argues an anti- anti-essentialism, which greatly refines our understanding of the similarities and differences between women and men.

A Legal Framework for Caring

A Legal Framework for Caring PDF Author: Lucy Fletcher
Publisher: Bloomsbury Publishing
ISBN: 1349147559
Category : Medical
Languages : en
Pages : 190

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Book Description
There is now considerable anxiety amongst nurses and allied health professionals as to how they should negotiate the potential minefield of legal niceties, professional dictates and diminishing resources in today's health service. Practitioners and students need a comprehensible introduction to legal and professional issues which is rooted in the realities of everyday practice. This book is a direct response to that need, with its clear exposition, practice-based case studies and an examination of the various Codes of Professional Practice.

Stories of Care: A Labour of Law

Stories of Care: A Labour of Law PDF Author: LJB Hayes
Publisher: Springer
ISBN: 1137492600
Category : Law
Languages : en
Pages : 237

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Book Description
Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK’s crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. ‘Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.’ – Keith Ewing, Professor of Public Law, King’s College London ‘An important contribution to socio-legal research on care work and labour law.’ – Judy Fudge, Professor of Labour Law, University of Kent ‘Innovative and meticulous; merits a very wide readership.’ – Lizzie Barmes, Professor of Labour Law, Queen Mary University of London ‘A really important text which shows, through deep analysis of care workers’ stories, how badly undervalued their work is... It offers an excellent analysis.’ – Robin Allen QC, Cloisters Chambers ‘A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.’ – David Brindle, Public Services Editor, The Guardian ‘Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.’ – Joanne Conaghan, Professor of Law, University of Bristol

Caring Responsibilities in European Law and Policy

Caring Responsibilities in European Law and Policy PDF Author: Eugenia Caracciolo di Torella
Publisher: Routledge
ISBN: 1134455445
Category : Law
Languages : en
Pages : 165

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Book Description
This book explores the emerging engagement of EU law with care and carers. The book argues that the regulation of care by the EU is crucial because it enables the development of a broad range of policies. It contributes to the sustainability of society and ultimately it enables individuals to flourish. Yet, to date, the EU approach to regulating the caring relationship remains piecemeal and lacks the underpinning of a cohesive strategy. Against this backdrop, this book argues that the EU can and must take leadership in this area by setting principles and standards in accordance with the values of the treaty, in particular gender equality, human dignity, solidarity and well-being. The book further makes a case for a stronger protection for carers, who should not only be protected against discrimination, but should also be supported, valued and put in a position to make choices and lead full lives. In order to achieve this, a proactive approach to rebalancing the relationship between paid and unpaid work is necessary. Ultimately, the book puts forward a series of legal and policy recommendations for a holistic approach to care in the EU.

Matters of Care

Matters of Care PDF Author: María Puig de la Bellacasa
Publisher: U of Minnesota Press
ISBN: 1452953473
Category : Science
Languages : en
Pages : 371

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Book Description
To care can feel good, or it can feel bad. It can do good, it can oppress. But what is care? A moral obligation? A burden? A joy? Is it only human? In Matters of Care, María Puig de la Bellacasa presents a powerful challenge to conventional notions of care, exploring its significance as an ethical and political obligation for thinking in the more than human worlds of technoscience and naturecultures. Matters of Care contests the view that care is something only humans do, and argues for extending to non-humans the consideration of agencies and communities that make the living web of care by considering how care circulates in the natural world. The first of the book’s two parts, “Knowledge Politics,” defines the motivations for expanding the ethico-political meanings of care, focusing on discussions in science and technology that engage with sociotechnical assemblages and objects as lively, politically charged “things.” The second part, “Speculative Ethics in Antiecological Times,” considers everyday ecologies of sustaining and perpetuating life for their potential to transform our entrenched relations to natural worlds as “resources.” From the ethics and politics of care to experiential research on care to feminist science and technology studies, Matters of Care is a singular contribution to an emerging interdisciplinary debate that expands agency beyond the human to ask how our understandings of care must shift if we broaden the world.

Duties to Care

Duties to Care PDF Author: Rosie Harding
Publisher: Cambridge University Press
ISBN: 1108298664
Category : Law
Languages : en
Pages : 283

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Book Description
The world of dementia care can be a difficult one for carers to navigate, posing new challenges at every stage from diagnosis to end of life. In her ground-breaking investigation, rooted in original empirical data, Rosie Harding explores the regulatory and legal dimensions of caring for a person with dementia. By exploring carers' experiences of dementia care, she critiques the limitations of current approaches to health and social care regulation. This socio-legal work is a new contribution to the study of feminist care ethics, relationality, and vulnerability theory. Duties to Care argues that by understanding the relational contexts that shape everyday experiences of regulatory structures, we will better understand where law is operating to support carers, and where it adds to the difficulties they experience. Ultimately, the challenges that dementia poses will be addressed only if we find solutions that take account of the relationality of life, dementia, and law.

Spaces of Care

Spaces of Care PDF Author: Loraine Gelsthorpe
Publisher: Bloomsbury Publishing
ISBN: 1509929657
Category : Law
Languages : en
Pages : 256

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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).

Caring for Families in Court

Caring for Families in Court PDF Author: Barbara A. Babb
Publisher: Routledge
ISBN: 1134842619
Category : Law
Languages : en
Pages : 160

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Book Description
In many US courts and internationally, family law cases constitute almost half of the trial caseload. These matters include child abuse and neglect and juvenile delinquency, as well as divorce, custody, paternity, and other traditional family law issues. In this book, the authors argue that reforms to the family justice system are necessary to enable it to assist families and children effectively. The authors propose an approach that envisions the family court as a "care center," by blending existing theories surrounding court reform in family law with an ethic of care and narrative practice. Building on conceptual, procedural, and structural reforms of the past several decades, the authors define the concept of a unified family court created along interdisciplinary lines — a paradigm that is particularly well suited to inform the work of family courts. These prior reforms have contributed to enhancing the family justice system, as courts now can shape comprehensive outcomes designed to improve the lives of families and children by taking into account both their legal and non-legal needs. In doing so, courts can utilize each family’s story as a foundation to fashion a resolution of their unique issues. In the book, the authors aim to strengthen a court’s problem-solving capabilities by discussing how incorporating an ethic of care and appreciating the family narrative can add to the court’s effectiveness in responding to families and children. Creating the court as a care center, the authors conclude, should lie at the heart of how a family justice system operates. The authors are well-known figures in the area and have been involved in family court reform on both a US national and an international scale for many years.

Health Care and the Law

Health Care and the Law PDF Author: Meg Wallace
Publisher: Lawbook Company
ISBN: 9780455212937
Category : Medical care
Languages : en
Pages : 0

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Book Description
Second edition of a textbook outlining and illustrating the basic principles of the law relating to health care. It explains how the legal system works and discusses specific legislation and case law relating to health care issues. Commencing with an introduction to the concepts and structure of law, the guide proceeds to examine those aspects of the law which particularly impinge on health care provision with pertinent cases highlighted for quick, clear reference. Contains an appendix of abbreviations used in law citations, and an index.