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Vulnerabilities, Care and Family Law PDF

531 Pages·2014·1.85 MB·English
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Vulnerabilities, Care and Family Law While in the past family life was characterised as a ‘haven from the harsh realities of life’, it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability, care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental premise of this collection is that vulnerability needs to be analysed in a way that gets at the heart of the differential power relationships that exist in society, particularly in respect of access to family justice, including effective social policy and law targeted at the specific needs of families in mutually dependent caring relationships. It is therefore crucial to critically examine the various approaches taken by policy-makers and law reformers in order to understand the range of ways that some families, and some family members, may be rendered more vulnerable than others. The first book of its kind to provide an intersectional approach to this subject, Vulnerabilities, Care and Family Law will be of interest to students and practitioners of social policy and family law. Julie Wallbank is based at the University of Leeds; Jonathan Herring is at the University of Oxford. 2 Vulnerabilities, Care and Family Law Edited by Julie Wallbank and Jonathan Herring 3 First published 2014 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the USA and Canada by Routledge 711 Third Avenue, New York, NY 10017 A GlassHouse Book Routledge is an imprint of the Tayfor & Francis Group, an informa business © 2013 Julie Wallbank and Jonathan Herring The right of Julie Wallbank and Jonathan Herring to be identified as editors of this work, and the individual chapter authors for their individual material has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. 4 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Vulnerabilities, care and family law/edited by Julie Wallbank, Jonathan Herring. p. cm. ISBN 978-0-415-85750-5 (hardback) -- ISBN 978-0-203-79782-2 (ebk) I. Domestic relations--Social aspects--Great Britain. I. Wallbank, Julie A., editor of compilation. II. Herring, Jonathan, editor of compilation. KD750.V85 2014 346.4101’5--dc23 2013023397 ISBN: 978-0-415-85750-5 (hbk) ISBN: 978-0-203-79782-2 (ebk) 5 Contents Notes on contributors 1 Introduction: vulnerabilities, care and family law JULIE WALLBANK AND JONATHAN HERRING 2 The contours of ‘vulnerability’ JENNIFER COLLINS 3 Making family law more careful JONATHAN HERRING 4 Why care? ‘Deserving family members’ and the conservative movement for broader family recognition NICOLA BARKER 5 Universal norms, individualisation and the need for recognition: the failure(s) of the self-managed post-separation JULIE WALLBANK 6 Autonomy and vulnerability in family law: the missing link ALISON DIDUCK 7 Mediation and vulnerable parents CHRISTINE PIPER 8 Child protection and the modernised family justice system FELICITY KAGANAS 9 Child support, child contact and social class STEPHEN MCKAY 6 10 Labour law, family law and care: a plea for convergence NICOLE BUSBY 11 Relational vulnerability, care and dependency JO BRIDGEMAN 12 Safeguarding and the elusive, inclusive vulnerable adult ALISON BRAMMER 13 When are adult safeguarding interventions justified? MICHAEL DUNN Index 7 Notes on contributors Nicola Barker is a Senior Lecturer in Law at the University of Kent, teaching family law and public law. She is the author of Not the Marrying Kind: A Feminist Critique of Same-Sex Marriage (Palgrave, 2012). Alison Brammer is a Senior Lecturer in the Law School at Keele University and a solicitor. She is Director of two MA programmes (Child Care Law and Practice; Safeguarding Adults: Law, Policy and Practice). She is Legal Editor of the Journal of Adult Protection; Series Editor of the ‘Focus on Social Work Law’ series; and her textbook Social Work Law is in its third edition. Research interests focus on the law relating to social work practice and the developing law relating to safeguarding adults. Jo Bridgeman is Professor of Healthcare Law and Feminist Ethics at the University of Sussex where she teaches healthcare law and ethics, family law and tort. Her research, at the intersection of these fields, adopts a critical feminist perspective informed by, and developing, the feminist ethic of care in the analysis of relational responsibilities. She has published work on the healthcare of babies, infants and young children; the care of disabled children; parental responsibilities; children and tort law; compassionate killings; teenagers and health. Nicole Busby is Professor of Labour Law at the University of Strathclyde. Her research interests are in the areas of labour law and European social policy, specifically the relationship between paid work and 8 unpaid care, the constitutionalisation of labour rights (with particular reference to the EU constitution post-Lisbon) and the experiences of claimants in the Employment Tribunal system. She is the author of A Right to Care? Unpaid Care Work in European Employment Law (Oxford University Press, 2011) and co-editor (with Grace James) of Families, Care-giving and Paid Work: Challenging Labour Law in the 21st Century (Edward Elgar, 2011). Jennifer Collins is a Lecturer in Law at St Peter’s College, Oxford. Her research focuses on theoretical issues in the criminal law, particularly the challenges posed by interpersonal exploitation. Her current DPhil work examines a type of exploitation which is primarily targeted at property interests, and considers its implications for criminal law theory. Alison Diduck is Professor of Law at UCL. She is interested in jurisprudence, gender theory and legal history, and currently is particularly taken with the social and legal regulation of personal relationships. She has published her work in monograph form, in edited collections, academic and professional journals, and is co-author, with Felicity Kaganas, (3rd edn of Family Law, Gender and the State). Michael Dunn is a Lecturer at the Ethox Centre, University of Oxford, and has additional appointments as a Research Associate at Green Templeton College, Oxford, and as an academic consultant at the Centre for Biomedical Ethics, National University of Singapore. His current research interests lie in the ethics of 9 managing, organising and delivering community-based and long-term health and social care services. Another main area of focus in his current work is the relationship between philosophy and the social sciences in bioethical inquiry, and in providing sound theoretical and methodological justifications for empirical ethics research. Michael has published over twenty-five peer-reviewed papers and book chapters in the fields of bioethics, medical, social welfare and family law, and health/social services research. He is also an Associate Editor of the Journal of Medical Ethics, and sits on a number of working parties, committees and research advisory groups in the ethical and legal aspects of health and social care. Jonathan Herring is a Fellow in Law at Exeter College, Oxford University and Professor of Law at the Law Faculty, Oxford University. He has written on family law, medical law, criminal law and legal issues surrounding caring. He has written over forty books including: Caring and the Law (Hart, 2013); Older People in Law and Society (Oxford University Press, 2009); European Human Rights and Family Law (Hart, 2010) (with Shazia Choudhry); Medical Law and Ethics (Oxford University Press, 2012); Criminal Law (4th edn, Oxford University Press, 2012); and Family Law (6th edn, Pearson, 2013). Felicity Kaganas is a Reader in Law at Brunel Law School, Brunel University. Her research has included legal and socio-legal work as well as some examples of textual analysis. She specialises in family and child law and also feminist approaches to law. She is co-author, 10

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