Caring and the Law

1. Auflage 2013
ISBN: 978-1-84946-106-1
Verlag: Bloomsbury 3PL

Buch, Englisch, 264 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 570 g

'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.

Autoren/Hrsg.

Herring, Jonathan

Fachgebiete

• Medizin | Veterinärmedizin Medizin | Public Health | Pharmazie | Zahnmedizin Medizin, Gesundheitswesen Medizinrecht, Gesundheitsrecht
• Medizin | Veterinärmedizin Medizin | Public Health | Pharmazie | Zahnmedizin Pflege Pflegeforschung, Pflegemanagement
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

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

Jonathan Herring is a Professor of Law at Oxford University and a Fellow of Exeter College.