Embracing vulnerability : the challenges and implications for law

Cover Half Title Title Page Copyright Page Table of Contents Table of Cases UK Cases Dart v Dart [1996] 2 FLR 286 Mesher v Mesher and Hall [1980] 1 All ER 126 Miller v Miller; McFarlane v McFarlane [2006] UKHL 34 O’Brien v Ministry of Justice [2013] ICR 499 Prest v Petrodel Resources Ltd and Others [2013] UKSC 34 Qazi v London Borough of Harrow [2003] 3 WLR 792 Radmacher v Granatino [2010] UKSC 42 Re: GC [2008] EWHC 3402 (Fam) Re T [1992] EWCA Civ 18 St George’s Healthcare NHS Trust v S [1999] Fam 26 A v East Kent Hospitals NHS Foundation Trust [2015] EWHC 1038 Alder Hey Children’s NHS Foundation Trust v Evans [2018] EWHC 308 Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 DL v A Local Authority [2012] EWCA 253 Gosh v Yates [2017] EWHC 972 Grimstone v Epsom and St Helier University Hospitals NHS Trust [2015] EWHC 3756 In the Matter of E (A Child) [2018] EWCA Civ 550 In the Matter of M [2017] EWCA Civ 2164 In the Matter of M (Children) [2018] EWCA Civ 2164 In the Matter of Z (A Child) (No 2) [2016] EWHC 1191 J v B (Ultra-Orthodox Judaism: Transgender [2017] EWFC 4 Kings College Hospital NHS Foundation Trust v C [2015] EWCOP 59 80 King’s College NHS Foundation Trust v Thomas & Haastrup [2018] EWHC 127 LLBC v TG [2007] EWHC 2640 London Borough of Redbridge v G [2014] EWCOP 17 Montgomery v Lanarkshire Health Board [2015] UKSC 11 R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 Re A (A Child) [2015] EWHC 911 Re D (Children) (Surrogacy: Parental Order) [2012] EWHC 2631 Re G (Children) [2012] EWCA Civ 1233 Re PM [2013] EWHC 2328 Re SA (Vulnerable Adult with Capacity: Marriage) [2006] 1 FLR 867 XYZ v Warrington and Halton NHS Foundation Trust [2016] EWHC 331 International Omega Spielhallen und Automatenaufstellung GmbH v Oberbürgermeisterin der Bundesstadt Bonn [2004] ECR I-9609 CN v United Kingdom (2013) 56 EHRR 24 Hatton and Others v UK ECtHR 08 July 2003 Karner v Austria ECtHR 24 July 2003 Table of legislation and legislative instruments UK Statutes Adoption and Children Act 2002 Care Act 2014 Children Act 1989 Civil Partnership Act 2004 Family Law Act 1996 Human Fertilisation and Embryology Act 2008 Mental Capacity Act 2005 UK Statutory Instruments Care and Support (Eligibility Criteria) Regulations 2015 SI 2015/313 Fixed-Term Employee (Prevention of Less Favourable Treatment) Regulations 2002 Human Fertilisation and Embryology (Parental Orders) Regulations 2010 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 National Instruments France French Declaration of the Rights of Man and the Citizen 1789 Italy Law 53/2011 Law 23/2012 Law n. 92/2012 (Legge Fornero) International Instruments International Covenant on Civil and Political Rights 1976 International Covenant on Economic, Social and Cultural Rights 1976 European Convention on Human Rights 1950 Universal Declaration of Human Rights 1948 List of Contributors List of Abbreviations Introduction: vulnerability refigured Part 1 Family and child law Family law’s instincts and the relational subject Response: reflections on ‘family law’s instincts’: law’s varied relationship with the vulnerabilities of family law’s children Part 2 Law and ageing Ageing and universal beneficial vulnerability Response: reflections on ageing and the binaries of vulnerability Part 3 Healthcare law The idea of vulnerability in healthcare law and ethics: from the margins to the mainstream? Response: challenging the frames of healthcare law Part 4 Labour law The potential and limitations of the vulnerability approach for labour law Response: vulnerability and labour law: on the transition from theory to practice Part 5 Human Rights Law Embracing vulnerability: notes towards human rights for a more-than-human world Response: on some problems with rights Index "This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative, and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability in order to counter the way law is being used to mask that condition in order to enable more people to escape the stigma associated with it. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability"-- Provided by publisher Introduction : Vulnerability Refigured / Daniel Bedford -- Family Law's Instincts and the Relational Subject / Alison Diduck -- Response : Reflections on 'Family Law's Instincts' : law's varied Relationship with the vulnerabilities of family law's children / Jo Bridgeman -- Ageing and Universal Beneficial Vulnerability / Jonathan Herring -- Response : Reflections on Ageing and the Binaries of Vulnerability / Rosie Harding -- The Idea of Vulnerability in Healthcare Law and Ethics : From the Margins to the Mainstream? / Mary Neal -- Response : Challenging the Frames of Health Care Law / Beverley Clough -- The Potential and Limitations of the Vulnerability Approach for Labour Law / Lisa Rodgers -- Response : Vulnerability and Labour Law : On the Transition from Theory to Practice / Nicole Busby -- Embracing Vulnerability : Towards Human Rights for a More-Than-Human World / Anna Grear -- Response : On Some Problems with Rights / Fiona De Londras