Rosie Harding
Biographic Data
| ID | 3920700 |
|---|---|
| NAME | Rosie Harding |
| GIVEN NAMES | Rosie |
| FAMILY NAME | Harding |
| SIGNATURE | HARDING R |
| AFFILIATIONS | University of Birmingham |
| ORCID | 0000-0002-3063-3525 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 64 |
| WORKS AS AUTHOR | 17 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2004 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 4 |
Raising relational legal consciousness through co‐production research? Making law more accessible
This article offers co‐production as a new methodology for relational approaches to legal consciousness studies that allows for deeper analysis of and engagement with the everyday experience of law. We argue that the inherent relationality of co‐production has the potential to both expose and change legal consciousness. As an approach that equalizes status in the co‐production of knowledge, social structures and hierarchies are reproduced in real…
Capabilities, capacity, and consent
This article uses original data from research at the Court of Protection to explore capacity to consent to sex in practice. It argues that the approach under the Mental Capacity Act 2005 fails to place appropriate focus on consent as central to understanding sexual capacity. The capabilities approach to justice is then used to demonstrate the limitations of the existing legal approach to capacity to consent to sex, and to argue that the protectiv…
Doing research with intellectually disabled participants
In this article, I reflect on the praxis of doing qualitative interview research involving intellectually disabled people as participants. I explore the ways in which ethical and legal norms work together to shape what is possible in research with intellectually disabled participants. I use stories from the field to explore issues of recruitment and sampling, working with ‘gatekeeper’ organizations, accessible information and informed consent, an…
Polyphonic Legality
Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a p…
Heteronormativity in Dissolution Proceedings
This chapter explores how heteronormativity, normative ordering of society to correspond with heterosexuality, shapes experiences of dissolution of formally recognized same-sex relationships. We present qualitative data from in-depth interviews with both clients and solicitors with direct experience of civil partnership dissolution. Drawing on insights from legal-consciousness studies, we explore the extent to which legal intervention in relation…
Supported Decision-Making from Theory to Practice
The right to equal recognition before the law, protected by Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), mandates the use of supported decision-making practices to enable disabled people, particularly those with intellectual and/or psychosocial disabilities, to enjoy their legal capacity. Finding ways to translate this theoretical mandate into practice poses a number of particularly challengi…
VIII. A right to ‘dying well’ with dementia? Capacity, ‘choice’ and relationality
This is the accepted version of a paper that has been subsequently published in the journal, Feminism and Psychology. The definitive version is available at: http://dx.doi.org/10.1177/0959353514562811
The Rise of Statutory Wills and the Limits of Best Interests Decision‐Making in Inheritance
This article addresses ‘statutory wills’ executed under the M ental C apacity A ct 2005 ( MCA ) for persons with impaired mental capacity. The article provides an overview of the historical development of statutory wills, before exploring their rising contemporary significance. It considers the shift from the previous ‘hypothetical substituted judgment’ test to the contemporary ‘best interests’ orientation of the MCA . The article assesses the pr…
Legal constructions of dementia
This paper explores the ‘right to autonomy’ for people with dementia. The provisions of the Mental Capacity Act 2005 (MCA) sought to allow more decisions to be made by those who are situated at the margins of capacity. This paper explores conceptual approaches to autonomy to highlight the limitations of contemporary regulation and the shortcomings of legal understandings of autonomy. Discourse analysis is used to analyse judicial language in a ke…
Regulating Sexuality
Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area where the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted te…
Recognizing (and Resisting) Regulation
This article is an exploration of lesbians' and gay men's views about the introduction of civil partnership in the UK. The article draws on 10 in-depth interviews carried out as part of a wider research project examining legal consciousness and sexuality. The focus is to explore some of the more 'critical' views about the effects of legal recognition that were raised by participants in this study. I begin by outlining the theoretical and methodol…
Sir Mark Potter And The Protection Of The Traditional Family
VI. Surveying Sexualities
In this article we describe and evaluate the process of conducting online survey research about the legal recognition of same-sex relationships (key findings from which we have reported elsewhere, see Harding and Peel, 2006). Our aim in so doing is to contribute to the growing generic literature on internet-based research methods (Nosek et al., 2002; Rhodes et al., 2003; Stern, 2003; Strickland et al., 2003; Thomas et al., 2000) to the research m…
Dogs Are “Registered”, People Shouldn’t Be’
In this article I examine lesbians’ and gay men’s attitudes towards the legal recognition of same-sex relationships, using the theoretical framework of legal consciousness. I first provide a brief overview of the legal consciousness literature, before outlining some of the critiques of legal consciousness. Lesbian and gay legal consciousness is then examined through an analysis of qualitative responses to a large-scale online study of perceptions…
Divorcing Romance, Rights and Radicalism
In this article about 'For Better or Worse? Lesbian and Gay Marriage' (Feminism & Psychology, 141) we focus on the contributions to the special feature, the commentaries provided by Ellen Lewin (2004), Sheila Jeffreys (2004) and Sue Wise and Liz Stanley (2004), and on wider debates about lesbian and gay marriage and partnership recognition. We agree that 'there is a lot of confusion/assumptions made about what it (i.e. marriage) is' (Wise and Sta…
IV. Civil Partnerships
IV. Civil Partnerships
The practicalities of introducing partnership registration for gay couples, with rights and responsibilities attached, are complex. But the case for doing it is clear and, I believe, strong. I believe there will be a day when gay couples dont have to struggle to have their partnerships, their families, recognized. (Barbara Roche, UK Labour MP1)
Dogs Are “Registered”, People Shouldn’t Be’
In this article I examine lesbians’ and gay men’s attitudes towards the legal recognition of same-sex relationships, using the theoretical framework of legal consciousness. I first provide a brief overview of the legal consciousness literature, before outlining some of the critiques of legal consciousness. Lesbian and gay legal consciousness is then examined through an analysis of qualitative responses to a large-scale online study of perceptions…
Legal constructions of dementia
This paper explores the ‘right to autonomy’ for people with dementia. The provisions of the Mental Capacity Act 2005 (MCA) sought to allow more decisions to be made by those who are situated at the margins of capacity. This paper explores conceptual approaches to autonomy to highlight the limitations of contemporary regulation and the shortcomings of legal understandings of autonomy. Discourse analysis is used to analyse judicial language in a ke…
Divorcing Romance, Rights and Radicalism
In this article about 'For Better or Worse? Lesbian and Gay Marriage' (Feminism & Psychology, 141) we focus on the contributions to the special feature, the commentaries provided by Ellen Lewin (2004), Sheila Jeffreys (2004) and Sue Wise and Liz Stanley (2004), and on wider debates about lesbian and gay marriage and partnership recognition. We agree that 'there is a lot of confusion/assumptions made about what it (i.e. marriage) is' (Wise and Sta…
IV. Civil Partnerships
The practicalities of introducing partnership registration for gay couples, with rights and responsibilities attached, are complex. But the case for doing it is clear and, I believe, strong. I believe there will be a day when gay couples dont have to struggle to have their partnerships, their families, recognized. (Barbara Roche, UK Labour MP1)
VIII. A right to ‘dying well’ with dementia? Capacity, ‘choice’ and relationality
This is the accepted version of a paper that has been subsequently published in the journal, Feminism and Psychology. The definitive version is available at: http://dx.doi.org/10.1177/0959353514562811
Sir Mark Potter And The Protection Of The Traditional Family
VI. Surveying Sexualities
In this article we describe and evaluate the process of conducting online survey research about the legal recognition of same-sex relationships (key findings from which we have reported elsewhere, see Harding and Peel, 2006). Our aim in so doing is to contribute to the growing generic literature on internet-based research methods (Nosek et al., 2002; Rhodes et al., 2003; Stern, 2003; Strickland et al., 2003; Thomas et al., 2000) to the research m…
Supported Decision-Making from Theory to Practice
The right to equal recognition before the law, protected by Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), mandates the use of supported decision-making practices to enable disabled people, particularly those with intellectual and/or psychosocial disabilities, to enjoy their legal capacity. Finding ways to translate this theoretical mandate into practice poses a number of particularly challengi…
Divorcing Romance, Rights and Radicalism
In this article about 'For Better or Worse? Lesbian and Gay Marriage' (Feminism & Psychology, 141) we focus on the contributions to the special feature, the commentaries provided by Ellen Lewin (2004), Sheila Jeffreys (2004) and Sue Wise and Liz Stanley (2004), and on wider debates about lesbian and gay marriage and partnership recognition. We agree that 'there is a lot of confusion/assumptions made about what it (i.e. marriage) is' (Wise and Sta…
IV. Civil Partnerships
IV. Civil Partnerships
The practicalities of introducing partnership registration for gay couples, with rights and responsibilities attached, are complex. But the case for doing it is clear and, I believe, strong. I believe there will be a day when gay couples dont have to struggle to have their partnerships, their families, recognized. (Barbara Roche, UK Labour MP1)
Dogs Are “Registered”, People Shouldn’t Be’
In this article I examine lesbians’ and gay men’s attitudes towards the legal recognition of same-sex relationships, using the theoretical framework of legal consciousness. I first provide a brief overview of the legal consciousness literature, before outlining some of the critiques of legal consciousness. Lesbian and gay legal consciousness is then examined through an analysis of qualitative responses to a large-scale online study of perceptions…
Sir Mark Potter And The Protection Of The Traditional Family
VI. Surveying Sexualities
In this article we describe and evaluate the process of conducting online survey research about the legal recognition of same-sex relationships (key findings from which we have reported elsewhere, see Harding and Peel, 2006). Our aim in so doing is to contribute to the growing generic literature on internet-based research methods (Nosek et al., 2002; Rhodes et al., 2003; Stern, 2003; Strickland et al., 2003; Thomas et al., 2000) to the research m…
Recognizing (and Resisting) Regulation
This article is an exploration of lesbians' and gay men's views about the introduction of civil partnership in the UK. The article draws on 10 in-depth interviews carried out as part of a wider research project examining legal consciousness and sexuality. The focus is to explore some of the more 'critical' views about the effects of legal recognition that were raised by participants in this study. I begin by outlining the theoretical and methodol…
Regulating Sexuality
Regulating Sexuality: Legal Consciousness in Lesbian and Gay Lives explores the impact that recent seismic shifts in the legal landscape have had for lesbians and gay men. The last decade has been a time of extensive change in the legal regulation of lesbian and gay lives in Britain, Canada and the US. Almost every area where the law impacts on sexuality has been reformed or modified. These legal developments combine to create a new, uncharted te…
Legal constructions of dementia
This paper explores the ‘right to autonomy’ for people with dementia. The provisions of the Mental Capacity Act 2005 (MCA) sought to allow more decisions to be made by those who are situated at the margins of capacity. This paper explores conceptual approaches to autonomy to highlight the limitations of contemporary regulation and the shortcomings of legal understandings of autonomy. Discourse analysis is used to analyse judicial language in a ke…
VIII. A right to ‘dying well’ with dementia? Capacity, ‘choice’ and relationality
This is the accepted version of a paper that has been subsequently published in the journal, Feminism and Psychology. The definitive version is available at: http://dx.doi.org/10.1177/0959353514562811
The Rise of Statutory Wills and the Limits of Best Interests Decision‐Making in Inheritance
This article addresses ‘statutory wills’ executed under the M ental C apacity A ct 2005 ( MCA ) for persons with impaired mental capacity. The article provides an overview of the historical development of statutory wills, before exploring their rising contemporary significance. It considers the shift from the previous ‘hypothetical substituted judgment’ test to the contemporary ‘best interests’ orientation of the MCA . The article assesses the pr…
Heteronormativity in Dissolution Proceedings
This chapter explores how heteronormativity, normative ordering of society to correspond with heterosexuality, shapes experiences of dissolution of formally recognized same-sex relationships. We present qualitative data from in-depth interviews with both clients and solicitors with direct experience of civil partnership dissolution. Drawing on insights from legal-consciousness studies, we explore the extent to which legal intervention in relation…
Supported Decision-Making from Theory to Practice
The right to equal recognition before the law, protected by Article 12 of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), mandates the use of supported decision-making practices to enable disabled people, particularly those with intellectual and/or psychosocial disabilities, to enjoy their legal capacity. Finding ways to translate this theoretical mandate into practice poses a number of particularly challengi…
Polyphonic Legality
Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a p…
Capabilities, capacity, and consent
This article uses original data from research at the Court of Protection to explore capacity to consent to sex in practice. It argues that the approach under the Mental Capacity Act 2005 fails to place appropriate focus on consent as central to understanding sexual capacity. The capabilities approach to justice is then used to demonstrate the limitations of the existing legal approach to capacity to consent to sex, and to argue that the protectiv…
Doing research with intellectually disabled participants
In this article, I reflect on the praxis of doing qualitative interview research involving intellectually disabled people as participants. I explore the ways in which ethical and legal norms work together to shape what is possible in research with intellectually disabled participants. I use stories from the field to explore issues of recruitment and sampling, working with ‘gatekeeper’ organizations, accessible information and informed consent, an…
Raising relational legal consciousness through co‐production research? Making law more accessible
This article offers co‐production as a new methodology for relational approaches to legal consciousness studies that allows for deeper analysis of and engagement with the everyday experience of law. We argue that the inherent relationality of co‐production has the potential to both expose and change legal consciousness. As an approach that equalizes status in the co‐production of knowledge, social structures and hierarchies are reproduced in real…
Political science (15 works) · Sociology (15 works) · Law (14 works) · Psychology (12 works) · Law (10 works) · Gender Studies (8 works) · Gender Studies (5 works) · Social Psychology (5 works) · General partnership (4 works) · Healthcare Decision-Making and Restraints (4 works)