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Cover of Borderlines in Private Law

Borderlines in Private Law

Edited by: William Day, Julius Grower
Price: £90.00

Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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Deprivation of Liberty in the Shadows of the Institution


ISBN13: 9781529211993
Published: April 2022
Publisher: Bristol University Press
Country of Publication: UK
Format: Paperback
Price: £24.99



Despatched in 3 to 5 days.

During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of 'deprivation of liberty' resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as 'detained'.

Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of 'home' and 'institution' it proposes solutions to the Cheshire West ruling's paradoxical implications.

Subjects:
Law and Society
Contents:
1. Introduction
2. Distinguishing Social Care Detention
3. The Law of Institutions
4. The Post-carceral Landscape of Care
5. Social Care Detention in Human Rights Law
6. Institution/ Home
7. Regulatory Tremors
8. The Acid Test
9. Aftermath
10. 'Protecting the Vulnerable'
11. Out of the Shadows of the Institution?