There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of caring for children. Individual autonomy envisages decisions made in one’s own best interests, whereas decisions around care are often made for the good of the family, and may conflict with the caregiver’s individual interests. Whereas individual autonomy valorises economic self-sufficiency, caregiving responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caregiving responsibilities on parental separation. Crucially, it suggests that we need to rethink family law by placing care at its centre.
This book draws on original empirical data to explore the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by wellfunded state childcare. This comparative perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in a more gender equal society.
The book argues that caregiving is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how family law might look different if the proposed framework, based on placing care at the heart of family law, is adopted.
By:
Anna Heenan (University of Cambridge UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
ISBN: 9781509959334
ISBN 10: 1509959335
Pages: 192
Publication Date: 11 January 2024
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
Part 1: Introduction 1. Autonomy, Care and Family Law Part 2: Autonomy, Care and Family Law in England and Wales 2. The Clash Between Autonomy and Care in the Neoliberal Paradigm 3. Parental Separation and the Invisibility of Care in England And Wales Part 3: The Swedish Approach 4. The Swedish Approach: State Support for Autonomy 5. Limitations of the Swedish Approach: The Invisibility of Care Part 4: Placing Care at the Heart of Family Law 6. Why and How to Make Care More Central 7. Reforming Private Family Law
Anna Heenan is Assistant Professor in Family Law in the Faculty of Law, and Fellow in Law at Fitzwilliam College, University of Cambridge, UK.
