Hart Publishing Autonomy, Care, and Family Law

This book combines doctrinal, theoretical and original empirical data to consider different approaches to balancing paid work and caretaking. There is a tension at the heart of family law and policy between the increasing influence of individual autonomy and the demands of childcare. Individual autonomy envisages decisions made in one’s own best interests, whereas decisions around care are often made for the good of the family, at the expense of the caretaker’s individual interests. Whereas individual autonomy valorises economic self-sufficiency, caretaking responsibilities constrain choice and conflict with paid work. This book explores this tension to consider how, given changing social trends, family law and policy should take account of caretaking responsibilities on parental separation. Crucially, it suggests that we need to rethink family law and policy by reference to a principle of care. It explores the experiences of parents in England and Wales, where the division of paid work and care is considered a choice, and Sweden, where parents are encouraged to work full-time, supported by well-funded state childcare. This international perspective sheds light on whether the clash between the ideas of autonomy and care could be reconciled in an equal society. The book argues that caretaking is hidden from, and undervalued by, law and policy in both jurisdictions, underscoring the need for the proposed new approach. The law needs to think more deeply about what it means to care, and how the care provided by parents differs. Anna Heenan outlines how law and policy might look different if the proposed framework, based on a principle of care, is adopted.