Court decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become.
This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole.
Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers.
Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.
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.
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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.
How do we maintain core values and rights when governments impose restrictive measures on our lives?
Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises?
This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes.
Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.
’ and ‘non-White’ is needed. As DiAquoi writes: At the core of Critical Race Life Course Perspective is the idea that racism is permanent and that each birth cohort experiences a particular type of racism, recognizable by its unique set of racial rules. The kinds of messages that are conveyed to a cohort or by a cohort are evidence of those rules.63 Further, the intersections between race and other sources of disadvantage are complex, requiring a nuanced approach. Disability As is well known, there are two contrasting models of disability: the individual model
section I want to propose an understanding of human nature which would not need to have special accommodations for the young or the older person or those with disabilities, but which would rather more accurately depict the whole of the human condition. We need a model of legal regulation that recognizes the reality that relationships and caring responsibilities, far from being impediments to the self, are core to people’s identity. As Willett et al ask: Who models this free, rational self? Although represented as genderless, sexless, raceless, ageless, and
suicide for health-related reasons are likely to be acutely conscious that their disabilities make them dependent on others. These disabilities may arise from illness or injury, or indeed (a much larger category) from the advancing infirmity of old age. People in this position are vulnerable. They are often afraid that their lives have become a burden to those around them. The fear may be the result of overt pressure, but may equally arise from a spontaneous tendency to place a low value on their own lives and assume that others do so too. Their feelings of
stories of their lives’. Someone else is writing their life story for them. So, it is only when a person has sufficient information and is able to use it to make their own decision that we can start to invoke the kinds of arguments that autonomy relies on. Not everyone agrees with that argument. It might be argued that even those who lack capacity can make decisions, and we should respect their decisions. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) can be relied on to make this claim. Article 12 of the Convention provides: (1
Gibson7 an artist who made an earring out of freeze-dried fetuses was convicted of outraging public decency, again suggesting the fetuses are seen as having some legal value. The law is also clear that if a child is suffering from injuries caused pre-birth, they are entitled to sue for compensation under the Congenital Disabilities (Civil Liability) Act 1976. In Burton v Islington Health Authority8 it was explained that the fetus’s potential claim ‘crystallizes’ at birth. One explanation for this view is that the fetus has legal interests in respect of the
acceptance of a quieter, more restrained, life, perhaps marked by illness and impairment; and, gradually, death looms. Of course, there are multiple versions of this story, and the version I have presented is in many ways hopelessly inadequate. It fails to reflect the impact of many important identities and influences on one’s life story, such as gender, race, disability and class. It is a highly western and middle-class way of writing the life story. And it fails to capture the unexpected events in life which so often set it off course: the accident, illness or