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Biography
I have written on criminal, family and medical law. 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. I have discussed domestic abuse, children’s rights 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; ; a book on sexual offences with Michelle Madden Dempsey; co-authorering with Imogen Goold a book Debating Autonomy; and a book on suicide prevention.
Publications
Selected publications
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J J W Herring, Law and The Relational Self (Cambridge University Press 2019) -
J J W Herring, Domestic Abuse and Human Rights (Intersentia 2020) 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: 9781780682310J J W Herring, Caring and the Law (Hart 2013) This book explores at a theoretical and practical level the law's interaction with caring.ISBN: 9781849461061All publications
Book (108)
J J W Herring and P-L Chau, Emergent Medicine and the Law (Palgrave 2021) J J W Herring and Charles Foster, Law as a Moral Agent (Springer 2021) 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?J J W Herring, Criminal Law (12th ed Red Globe Press/ Macmillan 2021) ISBN: https://www.macmillanihe.com/page/detail/Criminal-Law/?K=9781352012040Camilla Picles and J J W Herring, Women’s Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability (Hart 2020) This 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.J J W Herring, Medical Law and Ethics (8th ed Oxford University Press 2020) Camilla Pickles and J J W Herring, Childbirth, Vulnerability and Law: Exploring Issues of Violence and Control (Routledge 2020) 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.J J W Herring, Criminal Law (10th ed Oxford University Press 2020) J J W Herring, Concentrate: Criminal Law (7th ed Oxford University Press 2020) J J W Herring, Domestic Abuse and Human Rights (Intersentia 2020) 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: 9781780682310Daniel Bedford and J J W Herring, Embracing Vulnerability (Routledge 2020) This 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.J J W Herring, Great Debates in Criminal Law 4th ed. (Macmillan 2020) J J W Herring, Medical Law and Ethics 8th ed. (OUP 2020) J J W Herring, Law and The Relational Self (Cambridge University Press 2019) J J W Herring, Andelka Phillipis and Thana de Campos, Philosophical Foundations of Medical Law (Oxford University Press 2019) J J W Herring, Family Law (9th Pearson 2019) Dominic Wilkinson, J J W Herring and Julian Savulescu, Medical Ethics and Law: A Curriculum for the 21st Century (3rd edn Elsevier 2019) J J W Herring, Criminal Law (11th Palgrave 2019) J J W Herring, Vulnerability, Childhood and the Law (Springer 2018) Beverley Clough and J J W Herring, Ageing, Gender and Family Law (Routledge 2018) 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.Charles Foster and J J W Herring, Human Thriving and the Law (Springer 2018) J J W Herring and Imogen Goold, Medical Law and Ethics: Great Debates (2nd edn Plagrave 2018) J J W Herring, Criminal Law (8th edn Oxford University Press 2018) J J W Herring, Criminal Law: Great Debates (3rd edn Macmillan 2018) J J W Herring, Essential Cases: Criminal Law 2nd ed (Oxford University Press 2018) J J W Herring, Family Law : Law Express (7th edn Pearson 2018) J J W Herring, Medical Law and Ethics (7th edn Oxford University Press 2018) J J W Herring, Criminal Law (10th edn Palgrave 2017) Charles Foster and J J W Herring, Depression: Law and Ethics (OUP 2017) J J W Herring, Essential Cases: Criminal Law (Oxford University Press 2017) J J W Herring, Family Law 8th edn. (Pearson 2017) J J W Herring and Charles Foster, Identity, Personhood and the Law (Springer 2017) J J W Herring, Legal Ethics (2nd edn. OUP 2017) J J W Herring, Vulnerable Adults and the Law (Oxford University Press 2016) J J W Herring, Criminal Law 7th ed (Oxford University Press 2016) J J W Herring, Criminal Law : Concentrate (OXford University Press 2016) J J W Herring, Medical Law: Law Express (Pearson 2016) J J W Herring, Medical ~Law and Ethics (OUP 2016) J J W Herring and Charles Foster, Altruism, Welfare and the Law (Springer 2015) J J W Herring, Beginning Family Law (Taylor and Francis 2015) J J W Herring, Criminal Law, 9th ed (Palgrave 2015) J J W Herring, Criminal Law: Great Debates (Palgrave 2015) J J W Herring, Family Law (7th edn Pearson 2015) J J W Herring, Stephen Gilmore and Rebecca Probert, Family Law: Great Debates (2nd edn Palgrave 2015) J J W Herring and Jesse Wall, Landmark Cases in Medical Law (Hart 2015) J J W Herring, Medical Law Q and A (3rd edn Routledge 2015) J J W Herring, A Very Short Introduction to Family Law (Oxford University Press 2014) J J W Herring, Criminal Law (6th Ed Oxford University Press 2014) ISBN: 9780198702276J J W Herring, Family Law: Law Express (5th Ed Pearson 2014) J J W Herring and Imogen Goold, Great Debates: Medical Law and Ethics (Palgrave 2014) J J W Herring, Legal Ethics (Oxford University Press 2014) A textbook on professional ethics for lawyers.J J W Herring, Medical Law and Ethics (5th Ed Oxford University Press 2014) ISBN: 9780198702269J J W Herring and Imogen Goold, Medical Law and Ethics: Great Debates (1st edn Plagrave 2014) J J W Herring, Medical Law: Law Express (4th edn Pearson 2014) ISBN: 9781292012889J J W Herring, Imogen Goold, Kate Greasley and Loane Skene, Persons, Parts and Property (Hart 2014) J J W Herring, Relational Autonomy and Family Law (Springer 2014) Charles Foster, J J W Herring and Issi Doran, The Law and Ethics of Dementia (Hart 2014) J J W Herring, Caring and the Law (Hart 2013) This book explores at a theoretical and practical level the law's interaction with caring.ISBN: 9781849461061J J W Herring, Criminal Law, 8th ed (2013) ISBN: 13 9781137281395J J W Herring, Family Law, 6th ed (Pearson 2013) J J W Herring, Family Law: Questions and Answers, 2nd ed (Pearson 2013) J J W Herring and Julie Wallbank, Vulnerabilities, Care and Family Law (Routledge 2013) J J W Herring, Criminal Law Statutes 2012-2013 (Routledge 2012) J J W Herring, Criminal Law, 5th ed (Oxford University Press 2012) Text and materials on criminal lawISBN: 023001870XJ J W Herring, Criminal Law: Great Debates (2nd edn Palgrave Macmillan 2012) J J W Herring, Family Law: Law Express (4th edn Pearson 2012) J J W Herring, How to Decide: What to Do When You Don't Know What to Do (Pearson 2012) A book on decision making techniquesJ J W Herring, C. Regan, D. Weinberg and P. Withington, Intoxication and Society (Palgrave 2012) J J W Herring, Medical Law and Ethics, 4th ed (Oxford University Press 2012) Textbook on medical law and ethicsISBN: 978-0-19-964640-1J J W Herring, Medical Law: Law Express (3rd edn Pearson 2012) J J W Herring, Medical Law: Questions and Answers (2nd edn Routledge 2012) J J W Herring, R Templar, L Thompson and T Fadem, Negotiating to Win: Strategies and Skills for Everyday Situations (Pearson 2012) J J W Herring, S. Gilmore and R. Probert, A journey through landmark cases of family law (Hart 2011) J J W Herring, Criminal Law, 7th ed (Palgrave Mcmillan 2011) Textbook on criminal lawISBN: 97802302875729J J W Herring, Family Law, 5th ed. (Longman 2011) Textbook on family lawISBN: 9781408255520J J W Herring, S. Gilmore and R. Probert, Landmark Cases in Family Law (Hart 2011) Collection of essays on key cases in family lawISBN: 9781849461016J J W Herring, Medical Law: Core Text (Oxford University Press 2011) Textbook on medical lawISBN: 9780199492531J J W Herring, Medical Law: Questions and Answers (Routledge 2011) A book containing suggested answers to questions about medical lawISBN: 9780415575416J J W Herring, Question and Answer: Family Law (Pearson 2011) Sample questions and answers on family lawISBN: 9781408241271J J W Herring, Criminal Law, 4th ed (Oxford University Press 2010) Textbook on criminal lawISBN: 978019 9578115J J W Herring, Family Law: Law Express, 3rd ed (Pearson 2010) A short guide to Family LawJ J W Herring, How to argue (Pearson 2010) A book giving practical advice on how to argue well, or better, how to avoid arguments.ISBN: 9780273734185J J W Herring, Medical Law and Ethics (OUP 2010) A comprehensive textbook on medical law and ethics.ISBN: 0199576483J J W Herring and Shazia Choudhry, European Human Rights and Family Law (Hart 2010) A detailed analysis of the relevance of the ECHR and rights analysis to family law.ISBN: 978 1 84113 175 7J J W Herring, Older People in Law and Society (Oxford University Press 2009) A 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: 978-0-19-922902-4J J W Herring, Criminal Law (Palgrave 2009) Textbook on criminal lawISBN: 1397802302717133J J W Herring, Great Debates: Criminal Law (Palgrave 2009) Book discussing theoretical debate in criminal lawISBN: 978 0230577237J J W Herring, Medical Law: Law Express, 2nd ed (Pearson 2009) Medical Law revision textbookISBN: 9781408225813J J W Herring, Rape (TONE 2009) Discussion of the problems with the law on rape.J J W Herring, Criminal Law: The Basics (Routledge 2009) An introduction to criminal lawISBN: 10-415-49132-9J J W Herring, Family Law (Pearson 2009) A textbook on family lawISBN: 99781405899567J J W Herring, Rebecca Probert and Stephen Gilmore, Responsible Parents and Parental Responsibility (Hart 2009) A collection of essays discussing parental reponsibilityJ J W Herring, The Woman Who Tickled Too Much (Pearson 2009) A light-hearted guide to bizarre family law cases.ISBN: 9780273723257J J W Herring, Criminal Law: Text Cases and Materials (OUP 2008) A textbook on criminal lawISBN: 9780199234325J J W Herring, Family Law: Law Express (Pearson 2008) A revision guide for family lawISBN: 978140589953J J W Herring, Medical Law and Ethics, 2nd ed (OUP 2008) Textbook on Medical Law and EthicsISBN: 9780199230662F. Ebtehaj, J J W Herring, M. Johnson and M. Richards, Birth Rites and Rights (Hart 2007) J J W Herring, Caring (Law and Justice 2007) The article considers how the law interacts with caring practices.J J W Herring, Criminal Law (5th ed. PALGRAVE 2007) Textbook on criminal lawISBN: 10 0230 01870XJ J W Herring, Law Express: Family Law (Pearson 2007) Family Law TextbookISBN: 9781405847155J J W Herring, Medical Law (Pearson Longman 2007) Textbook on medical lawISBN: 978405872904J J W Herring, Family Law, 3rd ed. (Longman 2007) ISBN: 9781405846806J J W Herring, Criminal Law (OUP 2006) Textbook on criminal lawISBN: 199289352J J W Herring, Criminal Law: Text, Cases and Materials, 2nd ed (OUP 2006) ISBN: 978-0-19-928935-6J J W Herring, Medical Law and Ethics (OUP 2006) ISBN: 978-0-19-927696-7J J W Herring, Criminal law (Palgrave 2005) textbook on criminal lawISBN: 10: 1-4039-3417-7J J W Herring, Criminal Law (OUP 2004) Criminal Law TextbookJ J W Herring, Family Law (Pearson 2004) Family Law TextbookISBN: 582822807J J W Herring, Criminal Law (Macmillan 2002) Textbook on criminal lawJournal Article (111)
J J W Herring, 'Relational Personhood' (2021) 1 Keele Law Review 24 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.J J W Herring, 'The Ethical Conflicts of the COVID Pandemic in Criminal and Medical Law' (2021) 12 Anatomia Do Crime 13 David Metcalf, Carole Pitkeathley and J J W Herring, ''Advice, not orders’? The evolving legal status of clinical guidelines' (2020) Journal of Medical Ethics DOI: doi: 10.1136/medethics-2020-106592Kirsten Johnson , J J W Herring and Jörg Richstein, 'Fragile X Premutation Associated Conditions (FXPAC)' (2020) Frontiers in Pediatrics Fragile 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.J J W Herring, 'Ethics of Care and the Public Good of Abortion' (2019) 2 University of Oxford Human Rights Hub Journal Michael Dunn, K.W.M. Fulford, J J W Herring and Ashok Handa, 'Between the Reasonable and the Particular: Deflating Autonomy in the Legal Regulation of Informed Consent to Medical Treatment' (2019) Health Care Analysis DOI: 10.1007/s10728-018-0358-Charles Foster and J J W Herring, 'Author meets critics: Identity, Personhood and the Law' (2018) 44 Journal of Medical Ethics 69 Michael Dunn, Ashok Handa, J J W Herring and K.W.M. Fulfford, 'Between the Reasonable and the Particular: Deflating Autonomy in the Legal Regulation of Informed Consent to Medical Treatment' (2018) Health Care Analysis DOI: https://doi.org/10.1007/s10728-018-0358-xJonathan Pugh, Tipu Aziz, J J W Herring and Julian Savulescu, 'Deep brain stimulation and revising the Mental Health Act: the case for intervention-specific safeguards' (2018) British Journal of Psychiatry J J W Herring, 'Foreword' (2018) 41 UNSW Law Journal 624 foreward to special issue on law and vulnerability.J J W Herring, 'Rationing by fault' (2018) 121 Theology 122 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.J J W Herring, 'The Vulnerability of God and Humanity' (2018) 180 Law and Justice 5 J J W Herring, 'Compassion, ethics of care and legal rights' (2017) 13 International Journal of Law in Context 158 J J W Herring and Jesse Wall, 'The Nature and Significance of Bodily Integrity' (2017) 76 Cambridge Law Journal 566 ISBN: https://www.cambridge.org/core/journals/cambridge-law-journal/article/nature-and-significance-of-the-right-to-bodily-integrity/79703F3BE9C5C21BB76338C050E951BCJ J W Herring, '"Is Law too Sexy?"' (2017) 58 Modern Believing 363 A discussion of legal and theological understandings of sex.Shazia Choudhry and J J W Herring, 'A human right to legal aid? – The implications of changes to the legal aid scheme for victims of domestic abuse' (2017) Journal of Social Welfare and Family Law 152 J J W Herring, 'Abuse upon abuse?' (2017) 14 july 2017 New Law Journal 11 Discussion of cross-examination of victims of domestic abuseJ J W Herring, 'Caring to the Bitter End' (2017) New Law Journal 13 Dr Hugh Series and J J W Herring, 'Doctor in court: what do lawyers really need from doctors, and what can doctors learn from lawyers?' (2017) 211 British Journal of Psychiatry 135 J J W Herring, 'Elbow Room for Best Practice? Montgomery, Patients’ values, and Balanced Decision-Making in Person-Centred Clinical Care ' (2017) 25 Medical Law Review Medical Law Review 582 Charles Foster and J J W Herring, 'Identity, personhood and the law: a response to Ashcroft and McGee' (2017) 44 Journal of Medical Ethics 73 J J W Herring, 'Health as Vulnerability; Interdependence and Relationality' (2016) 22 The New Bioethics 18 J J W Herring, 'The age of criminal responsibility and the age of consent: should they be any different?' (2016) 67 Northern Ireland Law Quarterly 343 J J W Herring, 'Aggrieving agreements' (2015) 6 September 2015 New Law Journal 10 Discussion of when FDR agreements must be followed at a final hearingJ J W Herring and J. Wall , 'Autonomy, capacity and vulnerable adults: filling the gaps in the Mental Capacity Act' (2015) 35 Legal Studies 698 J J W Herring, 'Contact Sport: Family Courts' Treatment of Wilful Teenagers' (2015) New Law Journal 11 Discussion of contact cases where children refuse to see parentsD Feenan, D Bedford and J J W Herring, 'Judicial Compassion' (2015) 5 Elder Law Journal 392 J J W Herring, 'Meet and Cheat' (2015) New Law Journal J J W Herring, 'Alarm bells' (2014) New Law Journal 9 Discussion of Re W (A Child) [2014] EWCA 772 and litigants in person in family law casesJ J W Herring, 'Assisted Suicide: The Liberal, Humanist Case Against Liberalization: Book Review' (2014) 10 International Journal of Law in Context 273 J J W Herring and Jesse Wall, 'Capacity to consent to sex' (2014) 22 Medical Law Review 620 J J W Herring and P-L Chau, 'Interconnected, inhabited and insecure: why bodies should not be property' (2014) 40 Journal of Medical Ethics 39 J J W Herring, 'Life after death' (2014) New Law Journal 10 A discussion of posthumous parentingJ J W Herring and Stephen Gilmore, 'Listening to children...whatever' (2014) 130 Law Quarterly Review 531 J J W Herring, 'Rape and the definition of consent' (2014) 26 National Law School of India Review 62 J J W Herring, C. Foster and M. Boyd, 'Testing the limits of the 'joint account' model of genetic information: a legal thought experiment ' (2014) Journal of Medical Ethics J J W Herring, 'The disability critique of care' (2014) 8 Elder Law Review 1 A consideration of the disaiblity rights critique of an ethic of care.J J W Herring, 'The divorce debacle' (2014) New Law Journal 12 A discussion of Rapisarda v ColladonJ J W Herring, 'The welfare principle and the Children Act: presumably it's about welfare?' (2014) 36 Journal of Social Welfare and Family Law 14 A discussion of the use of presumptions in interpreting the welfare principle in the Children Act 1989.J J W Herring and Jesse Wall, 'Understanding capacity: 'the heart may easily overrule the head'' (2014) 4 Elder Law Journal 190 J J W Herring, 'A Lost Cause' (2013) 17 May 2013 New Law Journal A discussion of whether unmarried cohabitants are discriminated against if treated unlike married couplesJ J W Herring, 'All's fair in in law and' (2013) New Law Journal 10 J J W Herring, 'An injection of sense' (2013) 163 New Law Journal 9 Discussion of legal issues around immunization and childrenJ J W Herring and Jesse Wall, 'Capacity to cohabit: Hoping everything turns out well in the end' ' (2013) Child and Family Law Quarterly 471 J J W Herring, 'Escaping the shackles of law at the end of life' (2013) 21 Medical Law Review 487 Discussion of Nicklinson and legal issues around end of lifeJ J W Herring, 'Forging a relational approach: Best interests or human rights?' (2013) Medical Law Internation Charles Foster, Tony Hope, J J W Herring and Karen Melham, 'Intention and Foresight - From Ethics to Law and Back Again' (2013) 22 Cambridge Quarterly of Healthcare Ethics 86 A discussion of the doctrine of double effectJ J W Herring, 'Mental disability and capacity to consent to sex' (2013) 34 Journal of Social Welfare and Family Law 471 Imogen Goold, Loane Skene and J J W Herring, 'Regulating the Use of Human Bodily Material' (2013) 245-250 Journal of Law and Medicine J J W Herring and P-L Chau, 'Relational Bodies' (2013) 21 Journal of Law and Medicine 294 J J W Herring and Oliver Powell, 'The rise and fall of presumptions surrounding the welfare principle' (2013) 43 Family Law 553 J J W Herring, 'Breaking the chain' (2012) New Law Journal 705 A discussion of financial orders on dissolution of civil partnershipsJ J W Herring and Stephen Gilmore, 'Children's refusal of treatment: the debate continues' (2012) 42 Family Law 973 J J W Herring, 'Different strokes' (2012) New Law Journal 1018 Discussion of Re T (Children) on costs orders in family casesJ J W Herring, 'Double Jeopardy. When is a marriage not a marriage?' (2012) New Law Journal 317 J J W Herring, 'How to conquer indecision' (2012) Management Today Article on decision-makingJ J W Herring and Charles Foster, 'Welfare means relationality, virtue and altruism' (2012) Legal Studies 480 A discussion of the nature of welfare, best intersts and well being.J J W Herring, 'Welfare warfare' (2012) 162 New Law Journal 1 Article on Re W and welfareJ J W Herring, 'What's wrong with kidnapping?' [2012] Criminal Law Review 343 Consideration of proposed reforms to the law on kidnapping.J J W Herring and Charles Foster, '"Please don't tell me": The Right Not to Know' (2011) 21 Cambridge Quarterly of Healthcare Ethics 1 discussion of the right not to knowJ J W Herring, Robert H George and Peter G Harris, '"With this Ring I Thee Wed (Terms and Conditions Apply)"' (2011) 41 Family Law 367 An article discussing pre-nupsJ J W Herring, 'Children first: but which?' (2011) New Law Journal 724 Article discussing how cases involving chidlren with competing intersts should be dealt with.J J W Herring and Stephen Gilmore, 'Children's Refusal of Medical Treatment: Could Re W be Distinguished?' (2011) 41 Family Law 715 Article considering the case law on children's refusal of medical treatment.J J W Herring, 'Legal Issues Surrounding Dementia' (2011) 1 Elder Law Journal 182 J J W Herring, 'Moving Forward?' (2011) New Law Journal 1011 Discussion of developments in the law on relocationJ J W Herring, 'Moving Forward?' (2011) New Law Journal 1011 discussion of recent case on relocation of children.J J W Herring and Stephen Gilmore, 'No is the hardest word: consent and children\'s autonomy' (2011) Child and Family Law Quarterly 3 An article considering the interpretation of the Gillick decisionJ J W Herring, 'Pain, Human Rights and the Law' (2011) 2 Managing Pain 1 An examination of the extent to which there is a right to relief from pain.J J W Herring, 'Review of The Beauty Bias' (2011) 31 Legal Studies 326 Mikey Dunn and J J W Herring, 'Safeguarding children and adults: Much of a muchness?' (2011) Child and Family Law Quarterly 528 A discussion of legal interventions to protect children and vulnearble adults.Janet Bettle and J J W Herring, 'Shaken Babies and Care Proceedings' (2011) Family Law 1370 A discussion of evidence in care proceedings with cases involving shaken babies.J J W Herring, Charles Foster, Tony Hope and Karen Melham, 'The double effect effect' (2011) 20 Cambridge Quarterly of Healthcare Ethics 1 A discussion of the doctrine of double effectJ J W Herring, 'The meaning of domestic violence' (2011) 33 Journal of Social Welfare and Family Law 297 A discussion of the meaning of domestic violenceJ J W Herring, 'Who's the Daddy' (2011) New Law Journal 1577 Discussion of LG v DKJ J W Herring, 'Whose Baby is it Anyway?' (2011) New Law Journal 195 Discussion of surrogacy lawJ J W Herring, '20:10:2010: The death knell of marraige' (2010) New Law Journal 1511 A discussion of pre-nupsJ J W Herring, 'Money, money money' (2010) Counsel 26 Consideration of recent cases on ancillary relief on divorce.J J W Herring, 'Money, Money, Money...' (2010) New Law Journal 300 An article discussing big money divorce casesJ J W Herring, 'Seven ways of getting it wrong' (2010) New Law Journal 718 An article discussing issues surrounding child protection casesJ J W Herring, 'Sexless Family Law' (2010) 11 Lex Familiae, Revista Portugesa de Direito da Familia 3 This 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 themJ J W Herring, 'The Legal Duties of Carers' (2010) 18 Medical Law Review 248 A discussion of the legal duties and responsibilities of those caring informally for others.J J W Herring, 'The right to choose' (2010) New Law Journal 1066 A discussion of capacity to consent to receive contraception.J J W Herring, 'An Age-Old Problem' (2009) New Law Journal 770 Article on law and older peopleJ J W Herring and Charles Foster, 'Blaming the patient: contributory negligence in medical malpractice litigation' (2009) 25 Journal of Professional Negligence 76 A discussion of the role of contributory neglignece in clinical negligence.J J W Herring, 'Heaven Sent' (2009) New Law Journal 1607 A discussion of the Law Commission's proposals on intestacyJ J W Herring, 'Protecting Vulnerable Adults' (2009) Child and Family Quarterly 498 This article considers developments in the law protecting vulernable adults.J J W Herring, 'Revoking adoptions' (2009) New Law Journal 377 A discussion of when the law allows and should allow the revocation of an adoption.J J W Herring, 'Losing it ? Losing what? The law and dementia' (2009) Child and Family Law Quarterly 3 An analysis of the law and dementiaJ J W Herring, 'Caregivers in Medical Law and Ethics' (2008) 25 Journal of Contemporary Health Law and Policy 1 An article discussing the legal and ethical significance of caringISBN: 0882-1046J J W Herring, 'Deal or no deal' (2008) New Law Journal 1621 Discussion of enforceability of agreements between divorcing couples.J J W Herring, 'Entering the Fog: On the Borderlines of Mental Capacity' (2008) 83 Indiana Law Journal 1620 A discussion of the legal position of those of borderline capacityISBN: 0019-6665J J W Herring, 'Familial Homicide, Failure to Protect and Domestic Violence: Who's the Victim?' [2007] Criminal Law Review 923 Discussion of familial homicide in cases where the defendant has been the victim of domestic violence.ISBN: 0011135XJ J W Herring, 'Human Rights and Rape' [2007] Criminal Law Review 228 Discussion of the law of rape.J J W Herring and Elaine Palser, 'The Duty of Care in Cross Negligence Manslaughter' [2007] Criminal Law Review 24 Article on gross negligence manslaughterJ J W Herring and Michelle Madden Dempsey, 'Why Sexual Penetration Requires Justification' (2007) Oxford Journal of Legal Studies 467 Discussion of sexual penetrationJ J W Herring and E. Palser, 'Gross Negligence Manslaughter and the Duty of Care' [2007] Criminal Law Review 17 J J W Herring, 'Where are the carers in healthcare law and ethics' (2007) 27(1) Legal Studies 51 DOI: 10.1111/j.1748-121X.2006.00037.xISBN: 1748-121XJ J W Herring and P-L Chau, 'Your body, My body, Our bodies' (2007) 15 Medical Law Review 34 J J W Herring and Shazia Choudhry, 'Domestic Violence and the Human Rights Act 1998: A New Means of Legal Intervention' [2006] Public Law 722 Article discussing relevance of HRA to domestic violence cases.J J W Herring and Rachel Taylor, 'Relocating Relocation' (2006) Child and Family Law Quarterly 517 Article on relocation of childrenJ J W Herring and Shazia Choudhry, 'Righting Domestic Violence' (2006) 16 International Journal of Law Policy and the Family 1 Article considering the potential impact of the Human Rights Act on domestic violence cases.J J W Herring, 'Farewell Welfare?' (2005) Journal of Social Welfare and Family Law 159 Article on the welfare principleJ J W Herring, 'Mistaken Sex' (2005) Criminal Law Review, Sweet and Maxwell 511 Article on mistaken consent in sexual reltions.