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...

In England and Wales, there are a number of important historical (landmark) cases in the development of family law that deserve a detailed examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this volume, which is now available in paperback, provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that...

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...

Now available in paperback This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader...

'Great Debates in Medical Law and Ethics' is an engaging introduction to the fascinating debates surrounding medical law and ethics. Written for readers with a basic knowledge of the topic who wish to develop a deeper understanding of the theoretical issues involved and excel at the subject.