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E-book: A History of Regulating Working Families: Strains, Stereotypes, Strategies and Solutions

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(University of Reading, UK), (University of Glasgow, UK)
  • Format: 184 pages
  • Pub. Date: 06-Aug-2020
  • Publisher: Hart Publishing
  • ISBN-13: 9781509904600
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A History of Regulating Working Families: Strains, Stereotypes, Strategies and SolutionsLarger Image
  • Format: 184 pages
  • Pub. Date: 06-Aug-2020
  • Publisher: Hart Publishing
  • ISBN-13: 9781509904600
Other books in subject:

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Families in market economies have long been confronted by the demands of participating in paid work and providing care. Across Europe the social, economic and political environment within which families do so has been subject to substantial change in the post-World War II era and governments have come under increasing pressure to engage with this important area of public policy. In the UK, as elsewhere, the tensions which lie at the heart of the paid work/unpaid care conflict remain unresolved posing substantial difficulties for all of law's subjects both as carers and as the recipients of care. What seems like a relatively simple goal – to enable families to better balance care-giving and paid employment – has been subject to and shaped by shifting priorities over time leading to a variety of often conflicting policy approaches.
This book critiques how working families in the UK have been subject to regulation. It has two aims:
· To chart the development of the UK's law and policy framework by focusing on the post-war era and the growth and decline of the welfare state, considering a longer historical trajectory where appropriate.

· To suggest an alternative policy approach based on Martha Fineman's vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has great potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving.

Reviews

The success of this book lies in its detailed, scholarly, tracking of the problem through its history to the present time, a tracking which supplies the intellectual ammunition necessary to hit the target. -- Chris Barton, Emeritus Professor of Family Law, Staffordshire University * International Journal of Law, Policy and The Family * The authors of this highly original book use vulnerability theory to critically examine dominant assumptions and discourses regarding the legal regulation of the 'working family' and its socially essential role of caring for dependency in the U.K. In this model of compelling socio-legal scholarship, this history is placed in the context of corresponding legal developments regarding gender equality, employment law, and the welfare state, as well as the rise of the European Union. This beautifully executed book is highly recommended for everyone interested in understanding the dynamic and complex roles of the family, work, and welfare in law and in society. * Martha Albertson Fineman, Robert W Woodruff Professor of Law, Emory University * 'Work-Life balance' is one of the great issues of our age. In this magnificent book Nicole Busby and Grace James provide a rich, powerful critique of how the law engages with working families. It highlights the stereotypes which have dominated the legal response and the tensions in the public policy. It is essential reading for lawyers and policy makers on an issue which affects us all. * Jonathan Herring, DM Wolfe-Clarendon Fellow in Law, Vice Dean and Professor of Law, Exeter College, University of Oxford * The History of Regulating Working Families: Strains, Stereotypes, Strategies and Solutions is essential reading for anyone interested in how the law in the UK seeks to accommodate the competing demands of earning a living, typically though employment, and fulfilling unpaid caring responsibilities. Nicole Busby and Grace Jamess historical approach deftly illustrates how stereotypes of appropriate carers and caring relationships have led to strains and contradictions that the law has sought, too-often unsuccessfully, to manage. Beautifully written and erudite, The History of Regulating Working Families goes beyond critique to offer solutions that avoid the gender, family and lifecycle stereotypes that pervade the law. Deploying a vulnerability approach, Busby and James reimagine the roles of the state, market and the family so that work and care can be organised in ways that are compatible and not conflictual, and that enable individuals, families and communities to flourish. * Judy Fudge, LIUNA Enrico Henry Mancinelli Professor of Global Labour Issues, McMaster University *

More info

Looks at how regulation seeks to achieve the optimum balance between the need to work and provide care in the family context.
Preface v
1 Introduction
1(22)
I Scope and Aims
1(1)
II Key Definitions
2(5)
A The Family
2(2)
B Care Work
4(2)
C Dependency
6(1)
III Theoretical Underpinnings: Vulnerability
7(5)
A The Vulnerable Subject
10(1)
B Institutions and Relationships
10(1)
C A Responsive State
11(1)
IV Context
12(7)
V Methodology and Structure
19(4)
2 Women and Work
23(35)
I Introduction
23(4)
II Private Work, Public Work and the Standard Worker Model
27(4)
A The Sexual Contract
28(2)
B The Industrial Revolution
30(1)
III Women's Work in Wartime
31(6)
A Paid Work and State Childcare
32(2)
B Women's Paid Work in the Post-war Era
34(1)
C Change or Continuity?
35(2)
IV The 1960s and 1970s: The Fight for Equality
37(9)
A The Limits of Formal Equality
40(1)
B Same or Different?
41(1)
C Indirect Discrimination
42(1)
D The Rise of the Lone Parent Household
43(3)
V The 1980s and 1990s: The Flexible Workforce
46(2)
A Part-time Work and Legal Protections
47(1)
VI New Labour: The Birth of `Family-Friendly' Employment Policy
48(3)
A The Place of Care
49(2)
VII Post-2010: Work-Family Balance in an Age of Austerity
51(2)
VIII Imagining the Future: Vulnerability Theory and Women's Work
53(4)
IX Conclusions
57(1)
3 Mothers and Fathers
58(33)
I Introduction
58(2)
II Contextualising Reconciliation Policy
60(8)
A Class Divisions in 1940s Nursery Provision
61(2)
B Home and Hearth: The 1950s Housewife
63(3)
C Industrial Relations and Legal Abstentionism
66(2)
III The Emergence of a Reconciliation Framework
68(4)
A The Pregnant Workers Directive
69(2)
B Towards a `Family-Friendly' Approach
71(1)
IV New Labour: Continuity and Change
72(8)
A Working Time and Family Time
73(1)
B Parental Rights, Maternity Rights
74(2)
C Competitiveness and Choice?
76(4)
V The Current Framework
80(4)
A Dominant Ideologies in the UK's Current WFB Framework
82(2)
VI Work and Families: The Call for Change
84(5)
A Working Families in the UK
85(1)
B An Alternative Approach to Dependency and Care?
86(3)
VII Conclusions
89(2)
4 Children's Welfare
91(27)
I Introduction
91(1)
II The Demise of Paid Child Labour
92(6)
A Legislative Intervention
93(5)
III The Importance of Education
98(7)
A Compulsory Education
99(2)
B The Long-term Impact on `Children'
101(4)
IV State Acceptance of (Limited) Responsibility for Child Welfare
105(5)
A Interventions
105(5)
V Children's Welfare in the Current WFB Framework and the Appeal of Vulnerability Theory
110(6)
A The Current WFB Framework
111(3)
B Vulnerability Theory and Children's Welfare
114(2)
VI Conclusions
116(2)
5 Eldercare
118(30)
I Introduction
118(3)
II A History of Ageing and Eldercare
121(19)
A Pre 1940s: Early Ideals of Autonomy
122(2)
B 1940s, 50s and 60s: A New `Discourse of Differentiation'
124(6)
C 1970s and 1980s: The Unravelling of State Support
130(4)
D 1990s to Present
134(6)
III Current WFB Rights for Working Carers and the Appeal of a Vulnerability Approach
140(6)
A The WFB Provisions
140(3)
B A Vulnerability Approach to Eldercare
143(3)
IV Conclusions
146(2)
6 Conclusions: Strains, Stereotypes, Strategies and Solutions
148(15)
I Introduction
148(2)
II The Subject of Regulation
150(5)
A The Fictive Liberal Subject
152(3)
III Institutions and Relationships
155(2)
A The Vilification of Dependency
155(2)
IV The Role of the State
157(2)
A The Mythology of the Market Order
158(1)
V The Application of a Vulnerability Approach
159(4)
Index 163
Nicole Busby is Professor of Human Rights, Equality and Justice at the University of Glasgow, UK. Grace James is Professor of Law at the University of Reading, UK.
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