Jonathan Herring

This book is an examination of how the law understands human identity and the whole notion of ‘human being’. On these two notions the law, usually unconsciously, builds the superstructure of ‘human rights’. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on.The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity – for instance that we can talk meaningfully about the entity that we call ‘our self’. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the ‘self’? This book seeks to plug these gaps in the literature.

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.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to:Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answerUnderstand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answerGain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinionAvoid common errors: Identifying common pitfalls students encounter in class and in assessmentThe series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities. It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.

This textbook is an ambitious and engaging introduction to the more advanced writings on family law, primarily designed to allow students to ‘get under the skin’ of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in family law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Family Law is all about, Beginning Family Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Family Law module with confidence.Adopting a clear and simple approach with legal vocabulary carefully clarified, Jonathan Herring breaks the subject of family law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Family Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.Visit the companion website: http://www.routledge.com/cw/beginningthelaw/

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Family Law is all about, Beginning Family Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Family Law module with confidence.Adopting a clear and simple approach with legal vocabulary carefully clarified, Jonathan Herring breaks the subject of family law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Family Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.Visit the companion website: http://www.routledge.com/cw/beginningthelaw/

La habilidad para persuadir, influir y convencer es una capacidad vital para el xito en el trabajo y en la vida. Sin embargo, la mayor a de nosotros no tenemos idea de c mo discutir bien. De hecho, muchas personas todav a consideran que discutir es algo que debe evitarse a toda costa y, en general, lo hacemos bastante mal... o no lo hacemos en absoluto. No obstante, es probable que esta capacidad sea el activo m s poderoso aunque m s descuidado que podr as tener. Descubre el arte de discutir de forma poderosa, persuasiva y positiva y tendr s una ventaja definitiva cada vez que desees: Expresar tu opini n con efectividad, persuadir a otras personas de adoptar tu manera de pensar, mantenerte sereno en una situaci n candente, ganarte a la gente, obtener lo que deseas, abordar a una persona o situaci n dif cil, ser convincente y elocuente, tener gran confianza cuando hables En C mo discutir, el exitoso abogado, esposo y padre Jonathan Herring revela los secretos y las sutilezas necesarias para exponer tu punto de vista y ganar corazones y mentes. En casa o en el trabajo estar s bien equipado para lograr que todo lo que digas tenga el efecto deseado, siempre.

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussion is relevant to any jurisdiction.

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.

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.

'Caring and the Law' considers the law's response to caring. It explores how care is valued and recognised, how it is regulated and restricted and how the values of caring are reflected in the law. It does this by examining the law's interaction with caring in a wide range of fields including family, medical, welfare, criminal and tort law. At the heart of the book is the claim that the law has failed to recognise the importance of caring in many areas and in doing so has led to the costs and burdens of care falling on those who provide it, primarily women. It has also meant that the law has failed to protect those who receive care from the abuse that can take place in a caring context. The book promotes an ethic of care as providing an ethical and conceptual framework for the law to respond to caring relationships.

‘Focused content, layout and price - Routledge competes and wins in relation to all of these factors’ - Craig Lind, University of Sussex, UK ‘The best value and best format books on the market.’ - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: • Exam Friendly: un-annotated and conforming to exam regulations • Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation • Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research • Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price • Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

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.

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.

This book examines the potential impact of human rights in the way the law interacts with families. Traditionally family law has been dominated by consequentialist/utilitarian themes. The most notable example of this occurs in the law relating to children and the employment of the "welfare principle". This requires the court to focus on the welfare of the child as the paramount consideration. Hitherto the courts and, to a certain extent, family law academics, have firmly rejected the use of the language of rights, preferring the discretion and child-centred focus of welfare. However, the incorporation of the European Convention on Human Rights via the Human Rights Act now requires family law to deal more clearly with the competing rights that family members can hold. In addition, it is clear that, to date, the courts have largely ignored or minimised the different demands that the HRA imposes on the judiciary and, in particular, judicial reasoning. This book challenges that view and suggests ways in which the family courts may improve their reasoning in this field. No longer can cases be dealt with on the basis of a simple utilitarian calculation of what is in the best interests of the child and other family members - greater transparency is required. The book clarifies the different rights that family members can hold and, in particular, identifies ways in which it may be possible to deal with the clash of rights between family members that will inevitably occur. Whether this requires an abandonment of the utilitarian nature of family law, or a reworking of it, is a theme that runs throughout the book.

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.