Autonomy, Care and Family Law / Anna Heenan.

Format:

Book

Author/Creator:

Heenan, Anna, author.

Language:

English

Subjects (All):

Domestic relations.

Physical Description:

1 online resource : illustrations.

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one's own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver's individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre. This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society. The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.-- Provided by publisher.

Contents:

Autonomy, care and family law

The clash between autonomy and care in the neoliberal paradigm

Parental separation and the invisibility of care in England and Wales

The Swedish approach : state support for autonomy

Limitations of the Swedish approach : the invisibility of care

Why and how to make care more central

Reforming private family law.

Notes:

Includes bibliographical references and index.

ISBN:

1-5099-5936-X

1-5099-5934-3

1-5099-5935-1

OCLC:

1411311933