Jonathan Herring – författare

We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges thatassumption. Drawing on feminist and disability perspectives he argues that we are all in fact, ''vulnerable'' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality.At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic forthose who are deemed ''vulnerable''. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. Thisdevelopment of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it.Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as ''the elderly'' or ''the disabled'' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.

We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges thatassumption. Drawing on feminist and disability perspectives he argues that we are all in fact, ''vulnerable'' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality.At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic forthose who are deemed ''vulnerable''. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. Thisdevelopment of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it.Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as ''the elderly'' or ''the disabled'' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.

The Oxford Handbook of Medical Ethics and Law is the definitive guide to the legal and ethical issues around medical and surgical practice. It is written with the busy clinician in mind who will not have time to read lengthy and complex legal or philosophical documents but requires the key information presented without technical jargon in a handy quick-reference style. The handbook also includes a substantial number of examples taken from a wide variety of specialties with the relevant legal and ethical issues clearly explained, so that the reader can see how these principles play out in day-to-day patient care. Both medical students and current professionals will find this an essential practical resource.

The Oxford Handbook of Medical Ethics and Law is the definitive guide to the legal and ethical issues around medical and surgical practice. It is written with the busy clinician in mind who will not have time to read lengthy and complex legal or philosophical documents but requires the key information presented without technical jargon in a handy quick-reference style. The handbook also includes a substantial number of examples taken from a wide variety of specialties with the relevant legal and ethical issues clearly explained, so that the reader can see how these principles play out in day-to-day patient care. Both medical students and current professionals will find this an essential practical resource.

With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leadingphilosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offerprovide a vital introduction to the philosophical underpinnings of medical law.

With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leadingphilosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offerprovide a vital introduction to the philosophical underpinnings of medical law.

Depression is amorphous. It defies easy generalization, and eludes medical and legal categories. Is it part of the self, or its predator? Can a sufferer be held responsible for their actions? This edited collection provides a holistic study of a protean illness.If the law is to regulate the lives of those who suffer from depression, it is vital that lawyers understand the condition. Drawing upon a wide-ranging expertise, this volume looks at depression from four viewpoints: that of the sufferer, the clinician, the ethicist, and the lawyer. Topics covered include the cultural history of depression; causes, epidemiology, and diagnosis; the autonomy debate; criminal responsibility; public health law; depression in the workplace; depression and children;and assisted suicide.First-hand accounts from sufferers are followed by contributions from clinicians who say what depression is, outline its demography and therapeutic options, and indicate the legal and ethical problems that trouble them the most. The essays then go on to explore legal and ethical questions in depth. This collection is essential reading for lawyers seeking a broader understanding of depression, and non-lawyers seeking an insight into the difficulty law has engaging with the condition.

Depression is amorphous. It defies easy generalization, and eludes medical and legal categories. Is it part of the self, or its predator? Can a sufferer be held responsible for their actions? This edited collection provides a holistic study of a protean illness.If the law is to regulate the lives of those who suffer from depression, it is vital that lawyers understand the condition. Drawing upon a wide-ranging expertise, this volume looks at depression from four viewpoints: that of the sufferer, the clinician, the ethicist, and the lawyer. Topics covered include the cultural history of depression; causes, epidemiology, and diagnosis; the autonomy debate; criminal responsibility; public health law; depression in the workplace; depression and children;and assisted suicide.First-hand accounts from sufferers are followed by contributions from clinicians who say what depression is, outline its demography and therapeutic options, and indicate the legal and ethical problems that trouble them the most. The essays then go on to explore legal and ethical questions in depth. This collection is essential reading for lawyers seeking a broader understanding of depression, and non-lawyers seeking an insight into the difficulty law has engaging with the condition.

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set ofareas related to labour law: ''modern slavery'', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest.This volume explores the political and regulatory dimensions of the new ''criminality at work'' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of ''criminality at work'', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a newpattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of ''criminality at work'' comparatively, from Australian, Canadian, and US perspectives.Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set ofareas related to labour law: ''modern slavery'', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest.This volume explores the political and regulatory dimensions of the new ''criminality at work'' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of ''criminality at work'', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a newpattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of ''criminality at work'' comparatively, from Australian, Canadian, and US perspectives.Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field.Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached.Digital formats and resourcesThe ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks· The online resources include: complete bibliography and list of further reading; links to key cases; a video from the author which introduces the book; links to key sites with information on medical law and ethics; and answer guidance to one question per chapter.

We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality.At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.

With advances in personalised medicine, the field of medical law is being challenged and transformed. The nature of the doctor-patient relationship is shifting as patients simultaneously become consumers. The regulation of emerging technologies is being thrown into question, and we face new challenges in the context of global pandemics. This volume identifies significant questions and issues underlying the philosophy of medical law. It brings together leading philosophers, legal theorists, and medical specialists to discuss these questions in two parts. The first part deals with key foundational theories, and the second addresses a variety of topical issues, including euthanasia, abortion, and medical privacy. The wide range of perspectives and topics on offer provide a vital introduction to the philosophical underpinnings of medical law.

Depression is amorphous. It defies easy generalization, and eludes medical and legal categories. Is it part of the self, or its predator? Can a sufferer be held responsible for their actions? This edited collection provides a holistic study of a protean illness.If the law is to regulate the lives of those who suffer from depression, it is vital that lawyers understand the condition. Drawing upon a wide-ranging expertise, this volume looks at depression from four viewpoints: that of the sufferer, the clinician, the ethicist, and the lawyer. Topics covered include the cultural history of depression; causes, epidemiology, and diagnosis; the autonomy debate; criminal responsibility; public health law; depression in the workplace; depression and children; and assisted suicide.First-hand accounts from sufferers are followed by contributions from clinicians who say what depression is, outline its demography and therapeutic options, and indicate the legal and ethical problems that trouble them the most. The essays then go on to explore legal and ethical questions in depth. This collection is essential reading for lawyers seeking a broader understanding of depression, and non-lawyers seeking an insight into the difficulty law has engaging with the condition.

From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.

The most student-focused guide to legal ethics, encouraging questioning, reflection and discussion to develop a personal response to ethical issues.Who would or should defend a potential murderer in court?How do professions regulate themselves?Is 'no win-no fee' an ethical system?Where is the line in a 'suitable' client-advocate relationship?Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct.Features throughout the textbook to aid student learning include:- Highlighting of key cases, principles, and definitions- Inclusion of a variety of viewpoints through coverage of cases, popular media, and scholarly articles- Use of 'digging deeper' and 'alternative viewpoint' boxes which encourage critical reflection and better understanding of key theories and topics- Extracts from the professional handbooks and codes of conduct are explained in detail in 'Follow the code' boxes New to this edition:- Updated content in light of new editions of professional guidance- New material on use of social media- Examination of developments in professional ethics regarding sexual misconduct- Greater focus and coverage on the importance of diversityDigital formats and resourcesThe 3rd edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debatesand dilemmas that exist in the field.Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives whichinfluence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legaldiscussion and contribute to the lively and engaging manner in which the subject is approached.Digital formatsThe tenth edition is available for students and institutions to purchase in a variety of formats. www.oxfordtextbooks.co.uk/ebooks Lively and student-friendly discussion of the law presented alongside a range of ethical perspectives.Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field.A concise text providing discussion of the law and an overview of the ethical perspectives, ensuring that readers are able to fully understand the law and its contextJonathan Herring's lively and captivating writing style brings this highly topical aspect of law to life, while remaining closelytailored to course requirements, and as a result this book is the perfect study companionCarefully created features throughout the text draw attention to the many diverging opinions in medical law, including religious, feminist, and European perspectives, to ensure that readers develop a fully rounded appreciation of the complexities of the subjectNew coverage of the assisted Dying Bill 2024Developments in the law on trans/gender questioning youthExtended discussion on disability and abortionDiscussion of the developing law on medical negligenceUpdated content on the ethical and legal implications of the use of AI in the medical fieldNew coverage of the Mental Health Bill introduced to parliament in 2024

Criminal Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students..."I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts." - Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham University"The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others." - Carly Hatchard, law student, University of Bolton"This revision guide is excellent ... I would certainly recommend it as a revision aid" - Claudia Carr, Principal Lecturer, Hertfordshire Law School, University of Hertfordshire"The Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it's a great series." - Emma Wainwright, law student, Oxford Brookes University"A really good overview of the key themes, tensions, and debates ... encourages students to go that bit further to increase their chances of scoring better in the assessment." - Professor Nicola Glover-Thomas, Professor of Law, University of Manchester"Undoubtedly a good resource ... I would certainly recommend it as additional material for modules assessed by examination." - Dr Ben Stanford, School of Law, Liverpool John Moores University"The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level" - Stephanie Lomas, law student, University of Central LancashireDigital formats and resourcesThe ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by extensive online resources to take your learning further (www.oup.com/lawrevision/).The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksThe online resources include:- advice on revision and exam technique from experienced examiner Nigel Foster;- a diagnostic test to help you pinpoint areas to focus your revision on;- interactive glossary and key cases to help you revise key terminology, facts, and principles;- multiple choice questions to test your knowledge; and- outline answers to questions in the book.

Criminal Law: Text, Cases, and Materials offers comprehensive legal coverage and insightful analysis alongside expertly selected extracts from key cases and academic sources. Jonathan Herring's unique approach of separating out the doctrinal and theoretical aspects of the law makes this enduringly popular. Key Features- A unique two-part approach to covering both doctrinal and theoretical criminal law makes the text appropriate across a wide range of levels and abilities- The inclusion of extracts from case judgments and critical academic writings deepens students' engagement with the subject- Further reading suggestions and questions at the end of individual sections allow students to reflect on the content and offer clarity on where to find extra coverage- The structure is closely tailored to criminal law courses ensuring that the text provides all of the commentary and materials needed to gain a comprehensive understanding of each topicNew to this edition:- New material on hate crimes- Significantly updated chapter on sexual offences- New section on neurodiversity and the law- Additional coverage on feminist perspectives- Additional coverage of abuse of position offences- Recent cases on accessorial liability: R v ARU [2024]; R v Ayre [2025]; R v Seed [2024]- Recent cases on causation: R v Bah [2024]- Updated case law on assault: R v Hobday [2025]- Recent case law on dishonesty: R v Hayes and Palombo [2025]; R v Mahmud [2024]- Developments in the law on conspiracy: R v Maxey [2025]Digital formats and resourcesThe 12th edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with self-test questions, key case flashcards, guidance on answering selected questions in the book, an introductory video from the author talking about the study of criminal law and his approach to the subject, as well as functionality, tools, navigation features and links that offer extra learning support.For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks

It is widely claimed that we are facing a 'demographic time bomb' with an increasing older population and a decreasing working population. On the whole there are three conflicting attitudes in society towards older people.Firstly, there are those who see older people as a 'problem': how can we afford their care? Will the NHS be crippled by the expense of caring for older people?Secondly, there are those who are concerned by the maltreatment of older people: how can we protect older people from abuse? How can we be sure they are receiving adequate health care?Finally, there are those who argue that society is squandering the resources that older people can offer and seek ways to empower them to play a more active role in community life.These conflicting views of how to approach the 'problem' of older people are also reflected in the mixed response of the law. This book presents possible solutions to these problems and highlights the need not only to protect older people from abuse and poverty in order to ensure that they have a dignified old age, but also the need to empower older people to live their final years in an active and fulfilling way.

The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Lively and engaging, Medical Law: Core Text covers the core topics of the medical law syllabus, presenting an overview of the key principles. Written in a clear, readily understandable way, Jonathan Herring provides a perceptive analysis, and an original and thought-provoking commentary to give students an excellent grounding in the subject. It seeks to engage undergraduate students at all levels, succinctly covering the core areas with clarity.

The Oxford Handbook of Medical Ethics and Law is the definitive guide to the legal and ethical issues around medical and surgical practice. It is written with the busy clinician in mind who will not have time to read lengthy and complex legal or philosophical documents but requires the key information presented without technical jargon in a handy quick-reference style. The handbook also includes a substantial number of examples taken from a wide variety of specialties with the relevant legal and ethical issues clearly explained, so that the reader can see how these principles play out in day-to-day patient care. Both medical students and current professionals will find this an essential practical resource.

What is a family? What makes someone a parent? What rights should children have? Family Law: A Very Short Introduction gives the reader an insight not only into what the law is, but why it is the way it is. It examines how laws have had to respond to social changes in family life, from rapidly rising divorce rates to surrogate mothers, and gives insight into family courts which are required to deal with the chaos of family life and often struggle to keep up-to-date with the social and scientific changes which affect it. It also looks to the future: what will families look like in the years ahead? What new dilemmas will the courts face?ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Written by a leading lawyer with first-hand experience of some of the toughest arguments, How to Argue is a fun, entertaining and no-holds-barred guide to everything you need to know about arguing.

We all do it every day; arguing is part of life. We can do it unknowingly, sometimes subtly and sometimes very explosively, but however we do it, most of us know that we argue badly.

Imagine being able to face any argument free of the fear, confusion and intimidation that your opponent is probably experiencing. Imagine knowing that, win or lose, your argument has been made convincingly, confidently and without losing your temper.

In How To Argue you’ll learn all the golden rules of successful arguing and explore many of the situations in life and work where arguments are most likely to happen.

This is the definitive guide to how to argue persuasively, positively and powerfully - in any situation.

 

From the BESTSELLING Law Express revision series.

 

Law Express Question and Answer: Family Law is designed to ensure you get the most marks for every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how to make even a strong answer stand out.

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents – and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection – with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds – will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective.The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action.The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.

Criminal Law: The Basics is an insightful introduction to the legal aspects of criminal acts, ranging from battery to burglary and harassment to homicide.Starting with an in-depth exploration of the very concept of crime, the book considers key questions such as:• How should we decide what is criminal and what isn’t?• What is the difference between murder and manslaughter?• Could you ever be guilty of stealing your own property?• What defences are available to those accused of crime?Featuring a range of case studies, from the infamous to the bizarre, the new edition has been thoroughly updated to include new material on loss of control, accessorial liability, dishonesty, causation, liability, manslaughter and sexual offences. Relevant cases, statutes and suggestions for further reading are included throughout, making Criminal Law: The Basics the ideal starting point for anyone studying this area for the first time.