By A. D. Bogutz (auth.), Dr. Israel Doron (eds.)
The primary thought of "law and getting older" as a discrete classification of criminal precept and conception is arguable: What specified characteristic and features of "older adults" justify or even require a selected theoretical procedure? Is it attainable to formulate valid generalizations a couple of staff pointed out as "older adults", whereas fending off the dangerous stereotypes of ageism? And what if whatever is won by way of the procedure?
In an try to supply solutions to those tough questions, this e-book offers a set of alternative theoretical frameworks to the sphere of legislations and ageing. Written through the top students within the box, this publication describes the various and wealthy theoretical panorama of this box, and argues that point has come to acknowledge the significance of "Jurisprudential Gerontology" for the long run improvement of the socio-legal technology of ageing.
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Additional info for Theories on Law and Ageing: The Jurisprudence of Elder Law
Sample text
The mere existence of a spouse, however, does not mean that he or she will be capable of doing much for the spouse who needs long-term care. Often the “well” spouse has needs of her own. For example, if she has macular degeneration and cannot drive, she will have difficulty in shopping and running errands, and her poor eyesight may make it very difficult to manage the couple’s finances. Individuals with chronic care needs must appreciate that their care needs are likely to progress along a continuum, beginning with rather modest assistance to ever increasing levels of care.
The contract should provide vacation time for the child and provide that the older person will move into respite care for a specified period of time, which might mean moving in with another child or into an assisted living facility. The contract should detail what happens if the care needs of the older person become too demanding or too much of a medical nature for the child to undertake. If the parties cannot agree that the responsibility has become too great, the contract should provide for a third party to decide whether the child is relieved of his or her care obligation.
3 A Therapeutic Approach 33 These two rationales for engaging in a TJ exercise ultimate reduce to the ethical principle of nonmaleficence, or primum non nocere (First, do no harm). This precept, which is just as valid in the legal as in the medical context where the principle is more usually discussed, means that we have an obligation not to make situations worse than they would be otherwise. Laws that have a negative or counterproductive effect on their intended beneficiaries violate this principle.