I focus on how the law interacts with the important things in life: not money, companies or insurance; but love, friendship and intimacy. In my work I seek to develop ways the law can recognise and value the goods in activities such as carework and sex, while protecting people from the harms that so often result. I draw particularly on feminist ethic of care and relational theory in developing my thinking.
Family Law I have written a popular textbook in this subject and edited several books on theoretical issues in family law. My recent book, Law Through the Life Course, examines how the law is based on particular udnerstandings of the different stages in life. Domestic Abuse and Human Rights is a powerful call to understand domestic abuse as breach of human rights. I have also discussed children’s rights; the law of naming; and the nature of marriage. I was a member of the Human Fertilisation and Embryology Authority and an editor of the Child and Family Law Quarterly.
Medical Law I have written a leading textbook on this subject. I am particularly interested in the regulation of pregnancy and childbirth; legal responses to depression; and issues around mental capacity. I have co-edited with Camilla Pickles books on obstetric violence and intimate examinations during labour.
Criminal Law I have produced two best-selling textbooks on criminal law and have researched the law on sexual offences.
Elder Law I have written a leading monograph on the law’s treatment of older people and edited a collection of essays on issues surrounding dementia.
Care Law My book, Caring and the Law, explores the law’s treatment of caring and how adopting an ethic of care could transform the law.
Law and Vulnerability Vulnerable Adults and the Law explores the nature of human vulnerability and its relevance to the law. In Vulnerability, Childhood and the Law I have explored the law's conception of childhood vulneariblity. My most recent book, Law and the Relational Self, explores how the law could be reshaped to focus on relationships rather than individual rights.
Professional Legal Ethics My text, Legal Ethics, is a popular textbook on professional ethics for lawyers.
Current projects My current projects include an co-edited collection on the philosophy of disability law; an edited book on the law on "rough sex" (with Hannah Bows); a book on sexual offences with Michelle Madden Dempsey; co-authorering with Imogen Goold a book Debating Autonomy; and a book on suicide prevention.
Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It will have three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women.ISBN: 9781780682310This book explores at a theoretical and practical level the law's interaction with caring.ISBN: 9781849461061
Book (112)This book examines the controversial and repercussive contention that an objective of the law should be to promote personal morality - to make people ethically better. It surveys a number of domains, including criminal law, tort law, contract law, family law, and medical law (particularly the realm of moral enhancement technologies) asking for each: (a) Does the existing law seek to promote personal morality? (b) If so, what is the account of morality promoted, and what is the substantive content? (c) Does it work? and (d) Is this a legitimate objective?ISBN: https://www.macmillanihe.com/page/detail/Criminal-Law/?K=9781352012040This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.Domestic Abuse and Human Rights presents an overview of the relevance of the European Convention on Human Rights to domestic abuse. It will have three aims: first, to consider the relevant case law and application of the key articles to questions around domestic abuse; second, to consider at a theoretical level the balancing between protection and autonomy at the heart of the legal response to domestic abuse; third, to propose practical application of a human rights approach to issues around domestic abuse, with particular emphasis placed on the significance of the Istanbul Convention on Preventing and Combatting Violence against Women.ISBN: 9781780682310This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.This book explores the intersecting issues relating the phenomenon of ageing to gender and family law. The latter has tended to focus mainly on family life in young and middle age; and, indeed, the issues of childhood and parenting are key in many family law texts. Family life for older members has, then, been largely neglected; addressing this neglect, the current volume explores how the issues which might be important for younger people are not necessarily the same as those for older people. The significance of family, the nature of family life, and the understanding of self in terms of one’s relationships, tend to change over the life course. For example, the state may play an increasing role in the lives of older people – as access to services, involvement in work and the community, the ability to live independently, and to form or maintain caring relationships, are all impacted by law and policy. This collection therefore challenges the standard models of family life and family law that have been developed within a child/parent-centred paradigm, and which may require rethinking in the turn to family life in old age. Interdisciplinary in its scope and orientation, this book will appeal not just to academic family lawyers and students interested in issues around family law, ageing, gender, and care; but also to sociologists and ethicists working in these areas.ISBN: 9780198702276A textbook on professional ethics for lawyers.ISBN: 9780198702269ISBN: 9781292012889This book explores at a theoretical and practical level the law's interaction with caring.ISBN: 9781849461061ISBN: 13 9781137281395Text and materials on criminal lawISBN: 023001870XA book on decision making techniquesTextbook on medical law and ethicsISBN: 978-0-19-964640-1Textbook on criminal lawISBN: 97802302875729Textbook on family lawISBN: 9781408255520Collection of essays on key cases in family lawISBN: 9781849461016Textbook on medical lawISBN: 9780199492531A book containing suggested answers to questions about medical lawISBN: 9780415575416Sample questions and answers on family lawISBN: 9781408241271Textbook on criminal lawISBN: 978019 9578115A short guide to Family LawA book giving practical advice on how to argue well, or better, how to avoid arguments.ISBN: 9780273734185A comprehensive textbook on medical law and ethics.ISBN: 0199576483A detailed analysis of the relevance of the ECHR and rights analysis to family law.ISBN: 978 1 84113 175 7A book looking at the legal treatment of old age. It also consider the interaction of social policy and law on the lives of older people.ISBN: 978-0-19-922902-4Textbook on criminal lawISBN: 1397802302717133Book discussing theoretical debate in criminal lawISBN: 978 0230577237Medical Law revision textbookISBN: 9781408225813Discussion of the problems with the law on rape.An introduction to criminal lawISBN: 10-415-49132-9A textbook on family lawISBN: 99781405899567A collection of essays discussing parental reponsibilityA light-hearted guide to bizarre family law cases.ISBN: 9780273723257A textbook on criminal lawISBN: 9780199234325A revision guide for family lawISBN: 978140589953Textbook on Medical Law and EthicsISBN: 9780199230662The article considers how the law interacts with caring practices.Textbook on criminal lawISBN: 10 0230 01870XFamily Law TextbookISBN: 9781405847155Textbook on medical lawISBN: 978405872904ISBN: 9781405846806Textbook on criminal lawISBN: 199289352ISBN: 978-0-19-928935-6ISBN: 978-0-19-927696-7textbook on criminal lawISBN: 10: 1-4039-3417-7Criminal Law TextbookFamily Law TextbookISBN: 582822807Textbook on criminal law
Journal Article (114)This article discusses the basis on which it is determined that something or someone has moral personhood. It rejects mainstream approaches which rely on intellectual attributes or membership of the human species as the markers of personhood. An approach based on intellectual abilities leads to a denial of the moral status of those with cognitive impairments. The emphasis on membership of the human species struggles to explain why such membership in itself generates moral status. Instead this article promotes the view that moral values is found in caring relationships. It argues that this better captures what we regard as morally valuable and reflects the true nature of what it is to be human. This approach is potentially very significant for lawyers because the law tends to promote the rights and well-being of individuals, considered in isolation. Instead we should be designing our legal system around the promotion of caring relationships.This article will look at the surprising tensions between those who support disability rights and those who support rights for carers. It might be thought that such well-minded people would be in agreement, but there are certainly disputes between their camps. Some disability rights activists are critical of the concept of care because it posits the disabled person as passive and needing to be looked after. The cosy language around care overlooks the power that carers have over disabled people. By contrast, carers groups often emphasise the disadvantages they suffer and wish to emphasise the high level skills they possess. However, this can easily be seen as presenting disability as a ‘problem’ and one that causes disadvantage to others. This paper will unpack that debate and explain the tensions between the concepts of disability and care. It will argue that this dispute can be overcome if we emphasise the importance of caring relationships, rather than separating the parties into “carers” and the “cared for”. In other words, care should be understood in a relational way.1 Care should not be seen as something that is done by one person to another. Indeed, it is in the nature of caring relationships that the boundaries between the parties become blurred. The lines between one who is a carer and one who is cared for; those who are disabled, and those who are non-disabled, break down. With this approach, the tension between disability activists and carers activists can be mitigated. Further, we can recognise the need for all of us to receive and give care.DOI: doi: 10.1136/medethics-2020-106592DOI: http://orcid.org/0000-0002-5023-7650Fragile X Premutation Associated Conditions (FXPAC) should be adopted as a universal term covering any condition linked to the Fragile X premutation. To date, there has not been an umbrella term assigned to issues associated with the FMR1 premutation, though several defined conditions which affect some premutation carriers, namely Fragile X-associated Primary Ovarian Insufficiency (FXPOI) and Fragile X-associated Tremor/Ataxia Syndrome (FXTAS), are now commonly accepted. An overarching term covering all FX premutation conditions will help doctors in determining how the premutation might be affecting their patient; and encourage researchers to explore the interrelationships of the various conditions affecting premutation carriers.DOI: 10.1007/s10728-018-0358-DOI: https://doi.org/10.1007/s10728-018-0358-xforeward to special issue on law and vulnerability.This article argues against the proposition that people should be denied medical treatment on the basis that they are responsible for their ill health. While it accepts that people can cause their own ill health, it argues that NHS staff are not in a position to determine the extent to which a person can be said to have contributed to their ill health in a blameworthy way. Further, that ill health is often a result of multiple causes, and it is unfair to isolate the patient to bear the costs. The article concludes by promoting a vision of relational health whereby we recognize our responsibilities to produce healthy communities and relationships.ISBN: https://www.cambridge.org/core/journals/cambridge-law-journal/article/nature-and-significance-of-the-right-to-bodily-integrity/79703F3BE9C5C21BB76338C050E951BCA discussion of legal and theological understandings of sex.Discussion of cross-examination of victims of domestic abuseDiscussion of when FDR agreements must be followed at a final hearingDiscussion of contact cases where children refuse to see parentsDiscussion of Re W (A Child)  EWCA 772 and litigants in person in family law casesA discussion of posthumous parentingA consideration of the disaiblity rights critique of an ethic of care.A discussion of Rapisarda v ColladonA discussion of the use of presumptions in interpreting the welfare principle in the Children Act 1989.A discussion of whether unmarried cohabitants are discriminated against if treated unlike married couplesDiscussion of legal issues around immunization and childrenDiscussion of Nicklinson and legal issues around end of lifeA discussion of the doctrine of double effectA discussion of financial orders on dissolution of civil partnershipsDiscussion of Re T (Children) on costs orders in family casesArticle on decision-makingA discussion of the nature of welfare, best intersts and well being.Article on Re W and welfareConsideration of proposed reforms to the law on kidnapping.discussion of the right not to knowAn article discussing pre-nupsArticle discussing how cases involving chidlren with competing intersts should be dealt with.Article considering the case law on children's refusal of medical treatment.Discussion of developments in the law on relocationdiscussion of recent case on relocation of children.An article considering the interpretation of the Gillick decisionAn examination of the extent to which there is a right to relief from pain.A discussion of legal interventions to protect children and vulnearble adults.A discussion of evidence in care proceedings with cases involving shaken babies.A discussion of the doctrine of double effectA discussion of the meaning of domestic violenceDiscussion of LG v DKDiscussion of surrogacy lawA discussion of pre-nupsConsideration of recent cases on ancillary relief on divorce.An article discussing big money divorce casesAn article discussing issues surrounding child protection casesThis paper argues that rights and responsibilities in family law should not flow from the sex of the parties or the nature of any sexual relationship between themA discussion of the legal duties and responsibilities of those caring informally for others.A discussion of capacity to consent to receive contraception.Article on law and older peopleA discussion of the role of contributory neglignece in clinical negligence.A discussion of the Law Commission's proposals on intestacyThis article considers developments in the law protecting vulernable adults.A discussion of when the law allows and should allow the revocation of an adoption.An analysis of the law and dementiaAn article discussing the legal and ethical significance of caringISBN: 0882-1046Discussion of enforceability of agreements between divorcing couples.A discussion of the legal position of those of borderline capacityISBN: 0019-6665Discussion of familial homicide in cases where the defendant has been the victim of domestic violence.ISBN: 0011135XDiscussion of the law of rape.Article on gross negligence manslaughterDiscussion of sexual penetrationDOI: 10.1111/j.1748-121X.2006.00037.xISBN: 1748-121XArticle discussing relevance of HRA to domestic violence cases.