Jonathan Herring
Biographic Data
| ID | 458152 |
|---|---|
| NAME | Jonathan Herring |
| GIVEN NAMES | Jonathan |
| FAMILY NAME | Herring |
| SIGNATURE | HERRING J |
| AFFILIATIONS | University of Oxford |
| ORCID | 0000-0001-9625-1995 |
| VERIFIED | Yes |
| TOTAL WORKS | 64 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 55 |
| EDITOR COUNT | 9 |
| FIRST PUBLICATION YEAR | 2005 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
Medical Law and Ethics
Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing angles from other jurisdictions, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to th…
Medical Law and Ethics 10e
Dying and Death
This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of …
Medicaid Primary Care Utilization and Area-Level Social Vulnerability
The findings of this cross-sectional study suggest that Medicaid policy should focus on addressing geography-based disparities in access to care using new measures to target resources. The multidimensional SVI is likely a useful tool to identify small geographic areas with barriers to accessing adequate health care. The FQHC findings suggest that substantially increasing investments and support for FQHCs would address geographic inequities in acc…
Indirect effects of immigration enforcement on health care utilization among lawfully present older Hispanics
Naming and Describing Disability in Law and Medicine
This article explores the effects of naming and describing disability in law and medicine. Instead of focusing on substantive issues like medical treatment or legal rights, it will address questions which arise in relation to the use of language itself. When a label which is attached to a disability is associated with a negative meaning, this can have a profound effect on the individual concerned and can create stigma. Overly negative description…
A right to live without stigma? Examining negative stereotyping, negative messages, and Article 8 of the European Convention on Human Rights
The purpose of this paper is to examine the contours of evolving jurisprudence on offensive expression and negative messages, and to suggest that it can best be understood by reference to the concept of stigma. At the European Court of Human Rights, there appears to have been an increasing willingness to recognise the harm of offensive expression through an interpretation of Article 8 of the European Convention on Human Rights, but the reach of t…
The shadowy boundaries of obstetric violence
Obstetric violence is a term that has sparked considerable debate. It represents a range of harmful practices around unwanted intimate examinations. This article explores the contested boundaries of obstetric violence, examining both overtly abusive actions and more routine, yet potentially harmful, medical practices during childbirth and beyond. By delving into the underlying patriarchal and misogynistic structures within healthcare, the article…
The Cambridge Companion to Gender and the Law
To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functio…
Vulnerability and Children’s Rights
This paper will explore the relevance of vulnerability to children’s rights. Broadly speaking legal debates over children can be broken down into two camps. First, those who emphasise the vulnerability of children. For them rights designed to protect children from abuse and promote their welfare are the most significant. Second, those who claim that children are far less vulnerable than is assumed and should be given many of the freedoms of adult…
Family Matters: Essays in Honour of John Eekelaar
John Eekelaar, FBA, is a 'giant of family law', whose unrivalled contribution to the entire breadth of family law scholarship and research has brought many doctrinal, theoretical, empirical and contextual insights to the study of family law and family justice. His world-wide reputation and influence in the field of family law, and the huge body of literature his career of more than 50 years has produced, are celebrated in this collection of essay…
‘Rough Sex’ and the Criminal Law: Global Perspectives
Bows and Herring expertly collate an extensive mix of perspectives on the topic of ‘rough sex’ to contribute to a powerful feminist investigation of this critical and timely debate.
A human right to prostitute use
Routledge Handbook of Global Health Rights
This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the co…
Family Law
Advice, not orders’? The evolving legal status of clinical guidelines
Healthcare professionals are expected to deliver care that is consistent with clinical guidelines. In this article, we show that the English courts are increasingly willing to be persuaded by written guidelines when determining the standard of care in cases of alleged clinical negligence. This reflects a wider shift in the approach taken by courts in a number of common law jurisdictions around the world. However, we argue that written guidelines …
Disability, Care and Family Law
Research with prisoner’s families, especially those who have a ‘disabled’ son or daughter as a result of learning difficulties or disabilities, an autistic spectrum condition or mental health problems, has in the past been side-lined. As evidenced in this chapter, mothering a ‘child’ who is incarcerated is undeniably challenging. It could be that the events leading up to imprisonment occurred because of an unexpected violent act, a ‘one off’ seri…
Ethical framework for adult social care in Covid-19
In March 2020, the Government produced a document entitled “ Responding to COVID-19: The Ethical Framework for Adult Social Care” (‘The Ethical Framework’). In this article, we summarise the key features of the proposed ethical framework and subject it to critical analysis. We highlight three primary issues. First, the emphasis placed on autonomy as the primary ethical principle. We argue if ever there was a context in which autonomy should domin…
Childbirth, Vulnerability and Law: Exploring Issues of Violence and Control
"This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published…
Childbirth Vulnerability and Law
This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published …
Criminal Law
This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation o…
Criminal Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus , mens rea , and strict liability…
Ageing, Gender and Family Law
The dystopian prospect is of an oligopolised sector dominated by financialised chains whose operating subsidiaries are financially fragile as they provide institutional care in a high cost format which is socially unaffordable and of inconsistent quality because their workforce is under resourced, ill paid and ill trained.' (Burns et al 2016)
Mens rea
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the mens rea elements of criminal offence. Mens rea means guilty mind, but the term is better thought of as the fault element of the offence. The role of mens rea is to attribute fault or blamewor…
Homicide I
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses murder, arguably the most serious crime in English law. Murder is where D kills V, and D intends to kill or intends to cause grievous bodily harm (GBH). The most common criticism of the offence …
Relational Autonomy and Family Law
Compassion, ethics of care and legal rights
This paper will explore the difficulties facing law in promoting compassion and responding to caring relationships. These include the difficulties in determining whether a person has demonstrated compassion and in enforcing any legal requirement for compassion. The paper will use the ethics-of-care literature to critique two key legal tools: human rights and the concept of best interests. These concepts are typically designed to promote individua…
Mental disability and capacity to consent to sex: A Local Authority v H [2012] EWHC 49 (COP)
In A Local Authority v H [2012] EWHC 49 (COP) Hedley J considered an application to declare that a young woman lacked capacity to engage in sexual relations. He set out what an individual had to understand in order to be able to consent to sex and determined that in this case she lacked the capacity to do so. This note criticises the approach taken by the courts in such cases arguing that the question the courts are asked is the wrong one
Duties to care; Dementia, relationality and law
This is a hugely impressive book on one of the major issues of our age. The book opens with the startling statistics on the number of people in the world with dementia, noting it is due to triple b
The welfare principle and the children act: Presumably it's about welfare
This article considers the use of presumptions by courts when interpreting the welfare principle in the Children Act 1989. It notes that in recent years the courts have turned away from the use of presumptions and preferred to apply the welfare principle to the facts of the case, free from generalisations. This article is supportive of this move, but explores the reasons why presumptions appeal to some lawyers. While the courts have generally, qu…
Informal carers and the private law
This is an enormously impressive book on a highly topical issue. The work of informal carers has gone woefully neglected by academic lawyers. It is of central importance to society whether valued i
The Meaning of Domestic Violence: Yemshaw v London Borough of Hounslow [2011] UKSC 3
In Yemshaw v London Borough of Hounslow [2011] UKSC 3 the Supreme Court had to consider the definition of domestic violence, for the purpose of the Housing Act 1996. It rejected the view of the Court of Appeal that domestic violence was restricted to cases where there was the use of physical force against the victim and held that it should be interpreted to include the use of emotional, psychological or financial abuse. This article considers tha…
Why Financial Orders on Divorce should be Unfair
This contribution examines the state or community interests in financial arrangements on divorce. It argues against regarding ancillary relief cases as ‘private’ matters or justifying the courts’ jurisdiction by analogy to claims based on contract or tort. It outlines eight different interests society may have in financial orders that are made on divorce. Such orders should not, therefore, be regarded as simply a matter of seeking to achieve fair…
Farewell Welfare
This article evaluates criticisms that have been made of the principle contained in section 1 of the Children Act 1989 that the welfare of the child should be the courts' paramount consideration in resolving disputes over a child's upbringing. In particular, it considers the complaints that the principle is unpredictable in its application, that it fails to adequately protect children's rights and that it does not pay sufficient attention to the …
Why Financial Orders on Divorce should be Unfair
This contribution examines the state or community interests in financial arrangements on divorce. It argues against regarding ancillary relief cases as ‘private’ matters or justifying the courts’ jurisdiction by analogy to claims based on contract or tort. It outlines eight different interests society may have in financial orders that are made on divorce. Such orders should not, therefore, be regarded as simply a matter of seeking to achieve fair…
Farewell Welfare
This article evaluates criticisms that have been made of the principle contained in section 1 of the Children Act 1989 that the welfare of the child should be the courts' paramount consideration in resolving disputes over a child's upbringing. In particular, it considers the complaints that the principle is unpredictable in its application, that it fails to adequately protect children's rights and that it does not pay sufficient attention to the …
Rights, Gender and Family Law
There has been a widespread resurgence of rights talk in social and legal discourses pertaining to the regulation of family life, as well as an increase in the use of rights in family law cases, in the UK, the US, Canada and Australia. Rights, Gender and Family Law addresses the implications of these developments - and, in particular, the impact of rights-based approaches upon the idea of welfare and its practical application. There are now many …
Intimacy and Responsibility. The Criminalisation of HIV Transmission by M. Weait
Abingdon : Routledge-Cavendish ( 2007 ) 233pp. £25.99pb ISBN 978-1-904385-71-4 For some criminal lawyers, and for many judges, the criminalisation of the transmission of HIV is unproblematic. If A, realising he is HIV positive, passes the virus to B, without B having to consent to the transmission, then A is guilty of an offence under s. 20 of Offences Against the Person Act 1861, or a variety of other possible offences. There are no particular d…
The Meaning of Domestic Violence: Yemshaw v London Borough of Hounslow [2011] UKSC 3
In Yemshaw v London Borough of Hounslow [2011] UKSC 3 the Supreme Court had to consider the definition of domestic violence, for the purpose of the Housing Act 1996. It rejected the view of the Court of Appeal that domestic violence was restricted to cases where there was the use of physical force against the victim and held that it should be interpreted to include the use of emotional, psychological or financial abuse. This article considers tha…
How to decide: What to Do When You Don't Know What to Do
Mental disability and capacity to consent to sex: A Local Authority v H [2012] EWHC 49 (COP)
In A Local Authority v H [2012] EWHC 49 (COP) Hedley J considered an application to declare that a young woman lacked capacity to engage in sexual relations. He set out what an individual had to understand in order to be able to consent to sex and determined that in this case she lacked the capacity to do so. This note criticises the approach taken by the courts in such cases arguing that the question the courts are asked is the wrong one
How to argue powerfully, persuasively, positively
Intoxication and Society
Vulnerabilities, Care and Family Law
While in the past family life was characterised as a "haven from the harsh realities of life", it is now recognised as a site of vulnerabilities and a place where care work can go unacknowledged and be a source of social and economic hardship. This book addresses the strong relationships that exist between vulnerability and care and dependency in particular contexts, where family law and social policy have a contribution to make. A fundamental pr…
Informal carers and the private law
This is an enormously impressive book on a highly topical issue. The work of informal carers has gone woefully neglected by academic lawyers. It is of central importance to society whether valued i
Medical Law and Ethics
"A concise text providing discussion of the law and an overview of the ethical perspectives, ensuring that readers are able to fully understand the law and its context. Jonathan Herring's lively and captivating writing style brings this highly topical aspect of law to life, whilst remaining closely tailored to course requirements ensuring that this book is the perfect study companion. Carefully created features throughout the text draw attention …
Family Law A Very Short Introduction
Dying and Death
Alimony and financial orders
‘Alimony and financial orders’ considers how disputes over financial issues are debated and resolved in family law. There is a widespread perception that divorce causes financial ruin for the wealthy. The truth is that it sometimes causes financial ruin for all parties, wealthy or not, especially for women. Some level of financial support will generally be needed for one of the spouses and children in a divorce situation. What should the level of…
Conclusion
The welfare principle and the children act: Presumably it's about welfare
This article considers the use of presumptions by courts when interpreting the welfare principle in the Children Act 1989. It notes that in recent years the courts have turned away from the use of presumptions and preferred to apply the welfare principle to the facts of the case, free from generalisations. This article is supportive of this move, but explores the reasons why presumptions appeal to some lawyers. While the courts have generally, qu…
Relational Autonomy and Family Law
Medical Law and Ethics
Dying and Death
Health as Vulnerability; Interdependence and Relationality
This article challenges the assumptions that underpin many discussions about health. In particular the view that healthy people are autonomous, self-sufficient and contained. It will argue that in our nature humans are, and should be, vulnerable, interdependent and caring. Health must be understood in a way which recognises that. We should not hide from the precarious, leaky, relational aspect of our bodies, but rejoice in them.
Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction , Michelle Taylor-Sands
Legal Ethics
Legal Ethics provides an overview of this topic, highlighting that the issues surrounding professional conduct are not always black and white and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality, negligence, and fees are covered, with references throughout to the professional codes of conduct. The work asks: who would or should defend a potential murderer in court? Can a lawyer r…
Essential Cases: Criminal Law
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in criminal law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Jonathan Herring, including his assessment of the wider questions raised by the…
Depression: Law and Ethics
Depression is amorphous. It defies easy generalization and eludes medical and legal categories. Is it part of the self or its predator? Can sufferers be held responsible for their actions? Law has traditionally not dealt well with these complexities. Drawing upon a wide range of themes and expertise, this volume looks at depression from four viewpoints: that of the sufferer, the clinician, the ethicist, and the lawyer. Topics include the cultural…
Political science (44 works) · Law (40 works) · Psychology (25 works) · Sociology (22 works) · Medicine (18 works) · Law (14 works) · Multicultural Socio-Legal Studies (11 works) · Computer Science (10 works) · Criminology (10 works) · Homicide, Infanticide, and Child Abuse (10 works)