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Chapter

This chapter explores the nature of family life and the role of the law in family relationships to identify the particular challenges facing family lawyers. In particular, it considers how the law interacts with family life, how family relationships are identified in law, and what role the law plays in regulating family behaviour. The diversity and personalised experience of ‘family’ means that the role of the law in these processes is complex. There are two central issues facing family lawyers. First, the identification of a relationship as being one of ‘family’ for the purposes of the law is an important label, and may give rise to specific rights and obligations, even if the particular relationship bears no significance for the individual. Secondly, identifying the nature of the rights and obligations arising from a family relationship is central to determining the significance of the relationship.

Chapter

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter discusses some of the ethical and legal issues associated with the very difficult practice of treating the elderly, grounding the discussion in the tension between autonomy and paternalism. It is emphasised that this complex and fragmented field is still undergoing significant regulatory changes as a result of the Care Act 2014, the Social Services and Well-being (Wales) Act 2014, and the Public Bodies (Joint Working) (Scotland) Act 2014. It also covers the elder incapax and dying from old age.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Saunders v Vautier (1841) Cr & Ph 240, 41 ER 482, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Saunders v Vautier (1841) Cr & Ph 240, 41 ER 482, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.

Chapter

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Saunders v Vautier (1841) Cr & Ph 240, 41 ER 482, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.

Chapter

The focus in this chapter is on the values the criminal law seeks to protect through criminalization. First, key ‘intrinsic values’ are considered, such as bodily integrity and sexual autonomy. Second, an analysis of ‘public goods’ is provided. Public goods are goods in which we have no individual right or share, but which benefit us in common with others. The criminal law protects public goods as part of its role in supporting our many different lives in common, as consumers, employees, users of roads and of public transport, and so on. The security of the state, openness and integrity in corporate governance and public life, and the common pool resource of a welfare system are all very different examples of public goods in this sense.

Chapter

The focus in this chapter is on the values the criminal law seeks to protect, through criminalization. First, key ‘intrinsic values’ are considered, such as bodily integrity and sexual autonomy. Secondly, an analysis of ‘public goods’ is provided. Public goods are goods in which we have no individual right or share, but which benefit us in common with others. The criminal law protects public goods as part of its role in supporting our many different lives in common, as consumers, employees, users of roads and of public transport, and so on. The security of the state, openness and integrity in corporate governance and public life, and the common pool resource of a welfare system are all very different examples of public goods in this sense.

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter considers the link between biochemical factors and criminality. The discussions cover studies on testosterone, adrenalin, and neurotransmitters; nutritionally induced biochemical imbalances; criminality and the central nervous system; and criminality and the autonomic nervous system.

Chapter

N V Lowe and G Douglas

This chapter discusses the legal position of children. It first considers the relatively simple issues of who the law regards as a child and the meaning of ‘child of the family’. It then discusses the child's legal status; the changing nature of the parent-child relationship; and the still developing notion of the child's independent or autonomy rights.

Chapter

This chapter examines legal and ethical aspects of assisted reproduction. Topics discussed include infertility; the concept of reproductive autonomy; criticisms of assisted reproduction; regulation of assisted reproductive technologies; criticisms of the Human Fertilisation and Embryology Act 1990; gamete donation; surrogacy; cloning; and genetic enhancement and eugenics. The chapter explores the extent to which the state should regulate decisions around reproduction or whether they should be left to the decision of the individuals concerned. Some people believe that the interests of children to be born should be taken into account, although there is extensive debates over how this should be done.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses slavery and forced labour, and the ban on these imposed by the European Convention on Human Rights (ECHR). ‘Slavery’ and ‘servitude’ are defined as the ownership or total control of one person by another. A slave has no freedom or autonomy and so is denied the minimum dignity that is essential for any human being. ‘Forced labour’, on the other hand, is defined as being forced to work for another under threat of punishment or death. The application of these terms in the context of current practice and, in particular, to “modern slavery” is discussed.

Chapter

This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction and the authoritarian principle.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses slavery and forced labour, and the ban on these imposed by the European Convention on Human Rights. ‘Slavery’ and ‘servitude’ are defined as the ownership or total control of one person by another. A slave has no freedom or autonomy and so is denied the minimum dignity that is essential for any human being. ‘Forced labour’, on the other hand, is defined as being forced to work for another under threat of punishment or death. The application of these terms in the context of current practice and, in particular, to ‘modern slavery’ is discussed.

Chapter

This chapter examines non-fatal offences that range from a trivial tap on the shoulder to levels of harm threatening life itself. While the relevant offences are archaic in their definition and lacking in any coherent structure, they are extremely important because they are frequently prosecuted and they also give rise to interesting questions on issues central to the criminal law, such as how the autonomy of the individual should be respected. The chapter considers whether psychiatric illness can amount to an offence against the person; what level of harm constitutes ‘actual’ bodily harm as opposed to ‘grievous’ bodily harm; and whether actual bodily harm must be ‘inflicted’ or merely caused. Finally, the chapter examines the criminalization of disease transmission. This also chapter examines the controversial question of whether and, if so, when a sane adult should be permitted to consent to harm to himself or to the risk of harm to himself. It considers the threshold of harm—should V be permitted to consent to any level of harm or only to minor harms; whether a person should be permitted to consent to different levels of harm in certain activities: surgery, boxing, horseplay, etc; whether the transmission or risk of transmission of diseases or infections can be consented to; and what constitutes ‘true’ consent.

Chapter

This chapter analyses the fabric of criminal law—rules, standards, and principles—giving examples of how each of these are used to construct the criminal law. A particular highlight, in the discussion of rules, is the importance of secondary legislation in creating offences, especially offences regulating business activity. The chapter also considers the values that the criminal law should respect, such as human rights, moral autonomy, and lifestyle autonomy. To that end, the chapter explains the harm principle, and the arguments for and against punishing ‘immoral’ behaviour. There is also an analysis of important principles of criminal offence construction and interpretation, such as the principle of strict construction, and the authoritarian principle.

Chapter

This chapter, which examines the issues concerning the responsibility for procedural rules and remedies between European Union (EU) and national law, discusses the relevant jurisprudence of the Court of Justice (CJ) and explains how it has developed the principles of equivalence and effectiveness, notably in specific fields such as sex discrimination law. It addresses the question of the extent to which EU law, while respecting the principle of national procedural autonomy, may nevertheless require the creation of new remedies in national legal systems for EU law rights—for instance as regards damages, time limits or interim relief.

Chapter

This chapter examines legal and ethical aspects of assisted reproduction. Topics discussed include infertility; the concept of reproductive autonomy; criticisms of assisted reproduction; regulation of assisted reproductive technologies; criticisms of the Human Fertilisation and Embryology Act 1990; gamete donation; surrogacy; cloning; and genetic enhancement and eugenics. The chapter explores the extent to which the state should regulate decisions around reproduction or whether they should be left to the decision of the individuals concerned. Some people believe that the interests of children to be born should be taken into account, although there is extensive debates over how this should be done.

Chapter

English law does not currently recognise a general duty of good faith, but this position is increasingly being challenged. In addition, good faith informs a diverse range of legal doctrines and principles. This chapter addresses the following: the meaning of good faith; good faith in current contract law; and the nature of good faith. It further considers whether English law should recognise a general good faith doctrine and the difference this might make to various aspects of the law.

Chapter

G. T. Laurie, S. H. E. Harmon, and E. S. Dove

This chapter examines the question of the limits set on our right to control our bodies or parts thereof. This debate has centred on the very important issue of our relationship with our body, and the status of the body, which has most recently been shaped by ideas of property. The chapter considers three aspects of that debate: property in material taken from living persons; property in material taken from cadavers; and the granting of intellectual property rights in human material.

Chapter

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter charts the changing legal position of children. It starts by considering the former importance of the status of legitimacy and its near complete abolition. It then discusses the changing nature of the parent–child relationship and the development of the law from paternal authority to shared parental responsibility. Finally the chapter considers the developing notion of children’s autonomy and independent rights which has both limited the scope of legitimate parental authority and emphasised that the interests of children are a matter of public, as well as private, concern. This latter point is well illustrated by the growing importance of the role of the Children’s Commissioner.