Relational Autonomy and Family Law

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Release : 2014-03-11
Genre : Law
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Book Rating : 879/5 ( reviews)

Relational Autonomy and Family Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Relational Autonomy and Family Law write by Jonathan Herring. This book was released on 2014-03-11. Relational Autonomy and Family Law available in PDF, EPUB and Kindle. This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.

Relational Autonomy

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Release : 2000-01-27
Genre : Philosophy
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Book Rating : 602/5 ( reviews)

Relational Autonomy - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Relational Autonomy write by Catriona Mackenzie. This book was released on 2000-01-27. Relational Autonomy available in PDF, EPUB and Kindle. This collection of original essays explores the social and relational dimensions of individual autonomy. Rejecting the feminist charge that autonomy is inherently masculinist, the contributors draw on feminist critiques of autonomy to challenge and enrich contemporary philosophical debates about agency, identity, and moral responsibility. The essays analyze the complex ways in which oppression can impair an agent's capacity for autonomy, and investigate connections, neglected by standard accounts, between autonomy and other aspects of the agent, including self-conception, self-worth, memory, and the imagination.

Autonomy, Care and Family Law

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Release : 2024-01-11
Genre : Law
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Book Rating : 343/5 ( reviews)

Autonomy, Care and Family Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Autonomy, Care and Family Law write by Anna Heenan. This book was released on 2024-01-11. Autonomy, Care and Family Law available in PDF, EPUB and Kindle. There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.

Mental Capacity in Relationship

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Release : 2017-05-11
Genre : Education
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Book Rating : 001/5 ( reviews)

Mental Capacity in Relationship - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Mental Capacity in Relationship write by Camillia Kong. This book was released on 2017-05-11. Mental Capacity in Relationship available in PDF, EPUB and Kindle. An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Rights, Gender and Family Law

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Release : 2009-12-04
Genre : Law
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Book Rating : 020/5 ( reviews)

Rights, Gender and Family Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Rights, Gender and Family Law write by Julie Wallbank. This book was released on 2009-12-04. Rights, Gender and Family Law available in PDF, EPUB and Kindle. There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments – and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many areas of family law in which rights and welfare based approaches have been forced together. But whilst, to many, they are premised upon different ethics – respectively, of justice and of care – for others, they can nevertheless be reconciled. In this respect, a central concern is the 'gender-blind' character of rights-based approaches, and the ontological and practical consequences of their employment in the gendered context of the family. Rights, Gender and Family Law explores the tensions between rights-based and welfare-based approaches: explaining their differences and connections; considering whether, if at all, they are reconcilable; and addressing the extent to which they can advantage or disadvantage the interests of women, children and men. It may be that rights-based discourses will dominate family law, at least in the way that social policy and legislation respond to calls of equality of rights between mothers and fathers. This collection, however, argues that rights cannot be given centre-stage without thinking through the ramifications for gendered power-relations, and the welfare of children. It will be of interest to researchers and scholars working in the fields of family law, gender studies and social welfare.