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During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’.
Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
Most workers on temporary, zero hours and involuntary part-time contracts in the UK are women. Many are also carers. Yet employment law tends to exclude such women from family-friendly rights.
Drawing on interviews with women in precarious work, this book exposes the everyday problems that these workers face balancing work and care. It argues for stronger and more extensive rights that address precarious workers’ distinctive experiences.
Introducing complex legal issues in an accessible way, this crucial text exposes the failures of family-friendly rights and explains how to grant these women effective rights in the wake of COVID-19.
When a death is investigated by a coroner, what is the place of the family in that process?
This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process.
Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and further, how their participation fundamentally shapes the investigation into a death.
Slaves, mistresses, concubines – the English courts have used these terms to describe polygamous wives in the past, but are they still seen this way today?
Using a critical postcolonial feminist lens, this book provides a contextualised exploration of English legal responses to polygamy. Through the legacies of British imperialism, the book shows how attitudes to polygamy are shaped by indifference and hostility towards its participants. This goes beyond the law, as shown by the stories of women shared throughout the book negotiating their identities and relationships in the UK today.
Through its analysis, the book demonstrates how polygamy and polygamous wives are subjected to imperialist and orientalist discourses which dehumanise them for practising a relationship that has existed for millennia.
The effects of COVID-19 are visited disproportionately on the already disadvantaged.
This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root.
Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.
This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences.
Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.
Recently, there has been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered.
Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role and value of an apology. It examines the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights which will be invaluable to global debates on the struggle for justice.
’, ‘geriatric’ patients and people with intellectual disabilities: over 200,000 in 1955 dwindled to fewer than 20,000 in 2020. Figure 4.1: NHS hospital beds 1955–2020 Note: Gaps in this chart are because data on NHS beds were not routinely gathered or published until relatively recently. Also note that this includes only NHS bed data and not beds in the independent sector that may be commissioned by the NHS. Source: Lord Percy (1957: 311); National Health Service (1962); Department for Health and Social Security (1971, 1975); Jay (1979); House of Commons Social
During what Unsworth (1991) and Castel (1988) called the carceral era, a period dating from the late 18th century through to the middle of the 20th century, the landscape of care became increasingly dominated by institutional confinement. A bifurcated legal framework developed to regulate the institutional confinement of people with mental disabilities, which I call the ‘law of institutions’. One branch of the law of institutions conferred safeguards for individual liberty; the second branch deployed licensing and inspection to regulate the conditions
abuses’ perpetrated by the Nazis, or found in the Soviet gulags ( Rochdale Metropolitan Borough Council v KW & Ors [2014 ] EWCOP 45, [11]). The suggestion is that social care detention is a corruption or misapplication of post-war human rights norms and values. So, we will take a moment to consider what world the ‘right to liberty’, as enshrined in the UDHR, the ECHR and their close relations, was born into, and what – if anything – their framers might have thought about the rights of disabled people. Many commentators on the development of international disability
