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Capacity, Incapacity, and Old Age

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0003
Subject:
Law, Family Law

For many older people mental incapacity is not an issue, but old age can bring with it capacity issues. This chapter seeks to analyse the legal material defining capacity and treatment of those who ... More


Elder Abuse

Jonathan Herring

in Older People in Law and Society

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199229024
eISBN:
9780191705274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229024.003.0005
Subject:
Law, Family Law

This chapter considers the different definitions of elder abuse and provides estimates of its extent. It examines the current legal approach to the issue: through the private law remedies; the ... More


The Reception of Common Law Marriage in the United States

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0004
Subject:
Law, Family Law

This chapter examines common law marriage in the United States. Topics discussed include the origins of common law marriage, American reception of common law marriage in the 1800s and early 1900s, ... More


Negotiating Justice: Progressive Lawyering, Low-Income Clients, and the Quest for Social Change

Corey S. Shdaimah

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814740545
eISBN:
9780814786703
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814740545.001.0001
Subject:
Law, Family Law

While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or ... More


Test Tube Families: Why the Fertility Market Needs Legal Regulation

Naomi R. Cahn

Published in print:
2009
Published Online:
March 2016
ISBN:
9780814716823
eISBN:
9780814790021
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814716823.001.0001
Subject:
Law, Family Law

The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology (ART), which is now a multi-billion-dollar business in the United States. ... More


Religious Freedom under the Personal Law System

Farrah Ahmed

Published in print:
2015
Published Online:
December 2015
ISBN:
9780199458066
eISBN:
9780199085514
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199458066.001.0001
Subject:
Law, Family Law

The personal law system is hugely controversial and the subject of fierce debates. This book addresses a vital issue that has received inadequate attention in these debates: the impact of the ... More


English Family Law since World War II: From Status to Chaos

John Dewar and Stephen Parker

in Cross Currents: Family Law and Policy in the US and England

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198268208
eISBN:
9780191683442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268208.003.0006
Subject:
Law, Family Law

This chapter explores developments in legal ideology and policy in family law in England and Wales since World War II. It does so by identifying three ideological and policy ‘eras’, or schemas, in ... More


Vulnerable Adults and the Law

Jonathan Herring

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198737278
eISBN:
9780191800757
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737278.001.0001
Subject:
Law, Family Law, Medical Law

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 ... More


Conclusion

Farrah Ahmed

in Religious Freedom under the Personal Law System

Published in print:
2015
Published Online:
December 2015
ISBN:
9780199458066
eISBN:
9780199085514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199458066.003.0008
Subject:
Law, Family Law

The Conclusion briefly indicates what the conclusions of this book mean for the reform of the personal law system. But, as noted in the book, insufficient attention has been paid to religious ... More


Introducing Vulnerability

Jonathan Herring

in Vulnerable Adults and the Law

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198737278
eISBN:
9780191800757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198737278.003.0001
Subject:
Law, Family Law, Medical Law

This introductory chapter briefly discusses the notion of vulnerability and explores how current law responds to it. It examines how the law is built around the ideal of legal personhood. A person ... More


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