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Caring and the Law

By: Jonathan Herring
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Published: 12-04-2013
Format: PDF eBook (?)
Edition: 1st
Extent: 374
ISBN: 9781782251125
Imprint: Hart Publishing
RRP: £39.94
Online price : £35.95
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About Caring and the Law

'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.

Table Of Contents

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

Reviews

“Although the laws and cases Herring discusses are from the United Kingdom, the book should have a broad philosophical and legal appeal to those interested in social justice and issues of care in other countries. The book reads as if it represents a lifetime of investigation into Anglo-American literature and British court cases on care and the law.

Graduate students and practitioners alike would find its stories, philosophy, and analysis informative and moving. Those who specialise in one area of law may fruitfully dip into a single chapter because Herring carries his thesis explicitly and clearly through each section of the book. This is a carefully reasoned and widely researched book that makes a passionate plea for embracing the wider moral and social significance of a relational understanding of care where all of us should hold one another, society, and the state responsible for the human obligation of caring relationships.

” –  Adelaide H. Villamoare, The Law and Politics Book Review, Volume 23, No. 12

“If the law has a heart, this book is a more than adequate expression of its inner emotion, making it essential reading for all of those interested in or affected by legal intervention in this area. Given the author's accurate assertion that everyone cares or is cared for, that makes for a very wide potential readership indeed.” –  Nicole Busby, Journal of Law and Society, Volume 40, Number 4

“... a thoroughly researched, extremely well-structured and highly thought-provoking text on how the law addresses – or does not, as the case may be – the issue of care.

This is a book every law student and graduate should read to assist them to lay down a solid foundation upon which to build their future practice.

” –  Sue Field, Law Society Journal, Volume 51, Number 8

“It goes without saying that this is an excellent book – erudite, wide ranging and stimulating. Jonathan Herring is a leading legal scholar of our generation.” –  Helen Reece, Social & Legal Studies, 23(2)

“... a provocative look at the caring/law intersection that makes a worthwhile contribution to the ageing literature.” –  Marshall B. Kapp, Care Management Journals, Volume 15, No.2

“This is an accessible, easy-to-read book; the structure is always clear, with everything signposted. Its socio-legal approach means that the realities of caring are never lost; instead arguments from scholars in a number of disciplines are not only set out well but also firmly placed in context. Concrete examples are used to assist (and sometimes amuse) the reader.” –  Annika Newnham, Child and Family Law Quarterly

“In this accessible and engaging book, Herring takes us on a journey into a world that lawyers often marginalise, yet it is a world that is of relevance to us all…[Caring and the Law] consolidates core scholarly activity, offers suggestions for improvement and reveals how and why caring relationships deserve more attention from policy makers and academics” –  Grace James, Feminist Legal Studies

Caring and the law [has] immeasurable value in jolting one...out of traditional ways of thinking and bravely presenting a vision of a different world.” –  Brian Sloan, Journal of Social Welfare and Family Law

“Herring should be commented for his up-to-date research within this publication.” –  Gary Spencer-Humphrey, Professional Social Work

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