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Deprivation of Liberty in the Shadows of the Institution
作者
:
出版日期
:
2022/03/29
閱讀格式
:
EPUB
ISBN
:
9781529212013
ePDF and ePUB available Open Access under CC-BY-NC licence. 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.
- Cover
- Series Page
- Title Page
- Copyright Page
- Dedication
- Table of Contents
- Cover Description
- List of Abbreviations
- Acknowledgements
- A Note on Terminology
- Series Editor’s Preface
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1 Introduction
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Social care detention: a post-carceral socio-legal phenomenon
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Regulating the ‘invisible asylum’
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About this book
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A note on the COVID-19 pandemic
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2 Distinguishing Social Care Detention
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Locus
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Regulatory form
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Target populations
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Problems, rationalities and legal technologies
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Elongated temporality
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Legal technologies
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Empowerment and vulnerability
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Professionals and expertise
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The role of families
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3 The Law of Institutions
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The law of institutions: a landscape sketch
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Regulating the ‘trade in lunacy’
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Lunacy (law) reform
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Frontiers of resistance
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Domestic psychiatry
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Non-restraint
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Partitioning populations
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‘Idiots’ and ‘senile dements’ within lunacy law
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Workhouse ‘care’
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Idiots asylums
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Mental deficiency colonies
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4 The Post-carceral Landscape of Care
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Ideologies and reformers
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Scandals
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Sociological critique
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‘Independent living’ and disability rights
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Opposition to psychiatry
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Normalization
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Person-centred care
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First-wave deinstitutionalization: from medical to social care
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From workhouses to ‘sunshine hotels’
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Marketization and ‘personalization’
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‘Homes not hospitals’
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Second-wave deinstitutionalization
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Supported living and supported decision making
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Deinstitutionalizing older people?
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The institutional treadmill
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Family-based care
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5 Social Care Detention in Human Rights Law
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Human rights at the end of the carceral era
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The post-carceral turn in international human rights law
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Recognizing social care detention in human rights law
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Social care detention under the ECHR
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Monitoring social care detention
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Abolitionist human rights
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Social care detention and abolitionist human rights
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6 Institution/Home
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Home as territory
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Choice and control over everyday life
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Loss of privacy
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Control of the threshold
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Home as territory in liminal spaces of care
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Home as a centre for self-identity
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Home as a social and cultural unit
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Homes, institutions and families
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Batch living
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Access, inclusion and belonging in community
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The aesthetics of home and institutions
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Liminal places, contested spaces
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Regulating the micro?
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7 Regulatory Tremors
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To ‘informality’ and back again
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Regulating the community
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Defining institutions
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Taming institutions
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Care and capacity law
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The ‘non-volitional’
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The new capacity jurisdiction
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Bournewood: the challenge to informality
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The Deprivation of Liberty Safeguards
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8 The Acid Test
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MIG, MEG and P
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MIG and MEG: reported facts
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P: reported facts
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The contours of liberty before Cheshire West
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Deprivation of liberty as removal from the family and home
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Family life as freedom
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‘Normality’ and the comparator
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Benevolence: reasons, motivation, purpose
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‘Objections’ and ambiguity
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Cheshire West in the Supreme Court
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The acid test
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Benevolence
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Objections
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The reverse-comparator: universal human rights
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Dissolving the home/institution boundary
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Responses and backlash
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A victory for human rights?
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Judicial resistance
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Libertarian backlash
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A statutory definition?
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Tremors
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9 Aftermath
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A broken system
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The Liberty Protection Safeguards
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Reconceptualizing ‘deprivation of liberty’ safeguards?
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Three core assessments
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Rationing safeguards
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Aftershocks
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‘Domestic’ deprivation of liberty
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Children
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Medical treatment
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10 ‘Protecting the Vulnerable’
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Vulnerability and domination
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Social care as a landscape of domination
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Care-professional legalism
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Alternative regulatory strategies
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‘Substituted consent’, guardianship and adult protection laws
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Second opinion schemes
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Regulating ‘restrictive practices’
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Visiting commissions and inspectorates
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‘New paradigm’ safeguards?
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11 Out of the Shadows of the Institution?
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The problem-spaces of social care detention
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Beyond the gilded cage?
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- References
- Index
- 出版地 : 英國
- 語言 : 英文
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