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Author: Israel Doron Publisher: Springer Science & Business Media ISBN: 3540789545 Category : Family & Relationships Languages : en Pages : 165
Book Description
This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.
Author: Israel (Issi) Doron Publisher: Edward Elgar Publishing ISBN: 1788972112 Category : Law Languages : en Pages : 220
Book Description
Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
Author: Bridget Lewis Publisher: Springer Nature ISBN: 9811567352 Category : Law Languages : en Pages : 338
Book Description
This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
Author: Israel Doron Publisher: Springer Science & Business Media ISBN: 3540789545 Category : Family & Relationships Languages : en Pages : 165
Book Description
This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.
Author: Howard C. Eglit Publisher: ISBN: 9780813027654 Category : Law Languages : en Pages : 315
Book Description
For baby boomers, senior citizens, gerontologists, and students of aging and the justice system, Howard Eglit's trenchant discussion of the intersection of aging Americans with the U.S. legal system illuminates the consequences of a pervasive bias in contemporary society. America's ballooning older population is well documented. Couple this demographic tidal wave with the legal system, Eglit says, and the inescapable conclusion follows that the matrix of laws, regulations, judicial rulings, and governmental policy issues will affect more and more older people. Were age an innocuous factor in society, this proposition would merit little note. But, he says, "The fact is that age matters. And often negatively so." It matters in the ways that young jurors assess the credibility of older litigants and witnesses. It matters for fashioning the attitudes that older jurors bring into the jury room. It matters for attorneys who deal with older clients and for judges, lawyers, and jurors who must respond to older lawyers. Embedded in American culture, age bias generally works to the detriment of older men and women, and this is dramatically true for individuals caught up in the legal system. Elders on Trial examines the role that age plays in the legal process; more than that, it offers solutions and guides for mitigating the myriad negative aspects of that role. With its concern for human interactions and responses, rather than matters of infrastructure or formal legislative enterprise, the book offers a timely consideration of an urgent challenge faced by American society.
Author: Marshall B. Kapp Publisher: Jones & Bartlett Publishers ISBN: 1449617883 Category : Business & Economics Languages : en Pages : 373
Book Description
A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and political issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
Author: Israel Doron Publisher: Springer Science & Business Media ISBN: 3642259723 Category : Law Languages : en Pages : 228
Book Description
All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.
Author: McDonald, Ann Publisher: Policy Press ISBN: 1861347146 Category : Law Languages : en Pages : 184
Book Description
"This book is a revised and updated edition of Elders and the Law (PEPAR Publications, 1993). It describes the legal framework for working with older people following the modernising agenda in health and social care, and the length has been considerably expanded to enable topics to be dealt with more comprehensively. It covers the range of legal issues affecting the welfare and financial security of older people in the community and residential settings, and emphasises the empowering nature of legal knowledge. It also describes and explains the application of law and policy relating to older people in the context of social work practice." "Older People and the Law is aimed at all professionals working with older people but particularly social workers. Its clarity of style means that older people themselves and carers will find it accessible."--BOOK JACKET.
Author: Lawrence A. Frolik Publisher: Routledge ISBN: 1317260066 Category : Law Languages : en Pages : 238
Book Description
Seniors are a wide ranging and exponentially growing special status group that the law treats differentially with respect to rights, responsibilities, and benefits. This book is written to inform and assist seniors and those who care for them. The topics covered range from retirement strategies, housing options, and long-term care to federal benefit programs such as Social Security, Medicare, and Medicaid, and ultimately, to end of life decisions. Whether you are someone looking out for your parents; a new retiree concerned about your legal rights; or one of the growing number of "old old" eighty-five years or older who needs answers to confusing legal issues, this book provides essential information in clear language about timely topics such as reverse mortgages, long-term care insurance, powers of attorney, guardianship, and the hidden problem of elder abuse. Each chapter includes "Did You Know?" opening outlines as well as web-based resources for additional information. The authors are nationally known elder law experts and are frequently asked to consult with national commissions, legislatures, bar associations, and individuals from every walk of life. In Everyday Law for Seniors, they provide advice appropriate for everyone, senior or not (yet).
Author: Israel Doron
Author: Israel (Issi) Doron
Author: Bridget Lewis
Author: Israel Doron
Author: Howard C. Eglit
Author: Community Research Applications, Inc
Author: Marshall B. Kapp
Author: Israel Doron
Author: McDonald, Ann
Author: ABA Commission on Legal Problems of the Elderly
Author: Lawrence A. Frolik