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Caring and the Law


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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

About the Author

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


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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